CONNECTICUT. LAWS, STATUTES, ETC~ 
COMPILATION OF LAWS COMPILATION OF LAWS 
Administered by the 
FOOD AND DRUG COMMISSION 
and 
REGULATIONS 
RELATING THERETO 
With Appendix 
Prepared By The 
FOOD AND DRUG COMMISSION 
State Office Building 
Hartford, Conn. COMPILATION OF LAWS 
Administered by the 
FOOD AND DRUG COMMISSION 
and 
REGULATIONS 
RELATING THERETO 
With Appendix 
Prepared By The 
FOOD AND DRUG COMMISSION 
State Office Building 
Hartford, Conn. LAW CREATING THE FOOD AND DRUG COMMISSION. 
PUBLIC ACT NO. 401, SUPPLEMENT OF 1947 
AN ACT CONCERNING THE DEPARTMENT OF 
AGRICULTURE 
Section 1. On or before the fourth day of June, 1947, and 
quadrennially thereafter on or before the first day of May, 
the governor shall nominate and the general assembly shall 
appoint a commissioner of farms and markets who shall be 
experienced in agriculture and who shall hold office for a term 
of four years from the first day of July next succeeding his 
appointment and until his successor shall be appointed and 
shall have qualified. He shall receive a salary of seventy-five 
hundred dollars per annum. The commissioner may appoint 
one deputy commissioner whose term of office shall be co- 
incident with the term of the commissioner and who shall 
perform such duties as the commissioner may direct, and in 
the absence or disqualification of the commissioner shall 
discharge the duties and exercise the authority of the com- 
missioner. Said commissioner shall make a biennial report 
to the governor which shall be published and distributed 
subject to the approval of the commissioner of finance and 
control. 
Sec. 2. The office of commissioner of agriculture is abol- 
ished and all powers conferred and duties imposed on said 
commissioner are transferred to the commissioner of farms 
and markets. 
Sec. 3. Section 2056 of the general statutes, as amended, 
is repealed. 
Sec. 4. Section 428f of the 1941 supplement to the general 
statutes is repealed and the following is substituted in lieu 
thereof: On or before May 1, 1949, and quadrennially there- 
after, the governor shall nominate and the general assembly 
shall appoint two electors of the actively engaged 
in the sale and distribution of milk, and on or before May 1, 
1951, and quadrennially thereafter, the governor shall nom- 
inate and the general assembly shall appoint two electors cf 
the state actively engaged in the production of milk, which 
four electors, with the milk administrator, the commissioner 
of health and the commissioner of farms and markets, shall 
constitute the milk regulation board. Such four electors so 
appointed to membership on said board shall hold office for 
four years from the first day of May in the year of their re- 
spective appointments and until their successor shall be ap- 
pointed and shall have qualified. The governor, for cause, 
after a public hearing, may remove any member of the board 
3 appointed by the governor with the advice and consent of the 
senate or appointed by the governor to fill a vacancy. Said 
board shall keep a record of all its proceedings and may ap- 
point it officers and prescribe their duties. The office of the 
commissioner of farms and markets shall be the office of 
said board. Each of the four members of the milk regulation 
board appointed by the governor under the provisions of this 
section shall receive twenty dollars and necessary expenses 
for each day he shall attend a meeting of said boalrd. The 
total payments to each member shall not exceed three 
hundred and fifty dollars each year, such payments to be 
made from the appropriations made for the commissioner of 
farms and markets. 
Sec. 5. The office of the commissioner on domestic animals 
is abolished and all powers conferred and duties imposed on 
said commissioner are tranferred to the commissioner of 
farms and markets. 
Sec. 6. Section 503h of the 1945 Supplement to the gen- 
eral statutes is repealed. 
Sec. 7. The office of dairy and food commissioner is 
abolished and all powers conferred and duties imposed upon 
said commissioner so far as they relate to milk or milk pro- 
ducts are transferred to the commissioner of farms and mar- 
kets including the inspection of milk-producing farms and 
dairies on such farms. This shall not be construed to include 
ice cream, frozen desserts or frozen dessert mix. 
Sec. 8. Section 2433 of the general statutes, as amended, 
is repealed. 
Sec. 9. The commissioner of farms and markets shall ex- 
ercise such authority and control over the policies and oper- 
ations, including financial operations, of the various state- 
owned institutional farms, except those of the University of 
Connecticut and the state agricultural experiment stations, 
as he deems necessary in the interest of efficient and econom- 
ical operation of the same and in the best interests of the 
state. 
Sec. 10. The first sentence of subsection (b) of section 
52e of the 1939 supplement, as amended by section 25h of the 
1945 supplement, is repealed and the following is substituted 
in lieu thereof: The commissioner of finance and control 
shall have the general supervision of the administration of 
the duties prescribed for the director of the budget, the super- 
visor of purchases and the personnel director. 
Sec. 11. Section 45h of the 1945 supplement to the gen- 
eral statutes is repealed. 
4 Sec. 12. The commissioner of farms and markets shall 
furnish to the state board of veterinary registration such 
office facilities and clerical assistance as may be required in 
the proper discharge of its duties. 
Sec- 13. On or before the fourth day of June, 1947, and 
quadrennially thereafter on or before the first day of May, 
the governor shall nominate and the general assembly shall 
appoint a commissioner of food and drugs to serve for the 
term of four years from the first day of July next succeed- 
ing his appointment and until his successor shall be appointed 
and shall have qualified. He shall receive a salary of seventy- 
five hundred dollars per annum. The commissioner may ap- 
point a deputy commissioner who shall perform such duties 
as the commissioner may direct, and, in the absence or dis- 
aualification of the commissioner, shall discharge the duties 
and exercise the authority of the commissioner. 
Sec. 14. All powers conferred and duties imposed upon 
the dairy and food commissioner not transferred to the di- 
rector of farms and markets by the provisions of section 8 
of this act are transferred to the commissioner of food and 
drugs. 
Sec. 15. All powers conferred and duties imposed upon the 
commissioner of state police concerning weights and measures 
by chapter 127 of the general statutes, as amended, section 
945c of the 1935 supplement, section 1279e of the 1939 sup- 
plement, as amended, or any other statutory provision, are 
transferred to the commissioner of food and drugs. 
Sec. 16. All transfers and assignments by virtue of this 
act shall be in accordance with section 84e of the 1939 sup- 
plement to the general statutes. 
Sec. 17. This act shall take effect from its passage. 
5 INTRODUCTION 
In preparing this compilation of the laws administered by 
the Food and Drug Commission every effort has been made 
to make it as easy as possible to find the particular law, reg- 
ulation or pertinent information in which the reader is in- 
terested. 
It will be found that the various laws are listed alphabet- 
ically in the index but in the book itself they are placed in 
groups, first those laws affecting food, drugs and cosmetics 
and kindred subjects, then weight and measures, and, finally, 
the appendix containing pertinent information on tolerances 
in weights, measure and numerical count, in spray residue on 
apples and pears and details of regulations pertaining to the 
sale of certain drugs on prescription only. 
Further information may be secured at the offices of the 
Food and Drug Commission in the State Office Building. 
The work of administering the laws and regulations contained 
in this book is handled by the three divisions of the commission 
—the food division, the drugs, devices and cosmetics division 
and the weights and measures division. In seeking additional 
information please contact the division handling the law in 
which you are interested. 
Food and Drug Commissioner 
6 INDEX 
Page 
Alcoholic Beverages, Dispensing of — 87 
Apple Juice and Cider 78 
Bake shops 66 
Bread 70 
Commercial Feeding Stuffs 107 
Disinfectants, Testing and Labeling of — 106 
Drugs and Poisons, Distribution of — 97 
Equine Meat, Sale of — 95 
False Advertising 97 
Food and Drug Commission, Laws Creating — 3 
Food, Drug and Cosmetic Law 9 
Frozen desserts 53 
Inedible Eggs, Sale of — 93 
Insecticides and Fungicides 100 
Licensing of Drug, Devices and Cosmetics Manufac- 
turers and Wholesalers 96 
Molasses and Vinegar, Sale of — 94 
Non-Alcoholic Beverages 73 
Oleomargarine and Imitation Butter 82 
Refrigerated Lockers 80 
Turpentine, Adulteration of — 99' 
Weights and Measures 113 
City Sealers 126 
Public Weighers, Licensing of — 130 
Public Weighers, Duties of — 131 
Testing Machines Used in Weighing Milk or 
Cream 134 
Sale of Gasoline and Motor Oil 132 
Sale of Preheated Petroleum Products 133 
Sale of Clams by the Barrel 134 
International Log Rule 131 
Weight and Measurement of Specific Articles 126 
Wood Alcohol 98 
Appendix 
Allowances for Variation in Weight, Measures or 
Numerical Count 136 
Tolerances for Spray Residue 
on Apples and Pears 140 
Drugs Which May Be Sold on Prescription only .... 140 
7 INTRODUCTION 
TO FOOD, DRUG AND COSMETIC LAW 
As provided in Section 908e (a) of Chapter 135b of the 
general statutes the Food and Drug Commissioner and the 
Director of the Connecticut Agricultural Experiment Station, 
acting jointly, have made the following rules and regulations 
for carrying out the provisions of the law. 
As further provided in Section 908e (b) (2), these rules 
and regulations conform, so far as practicable, to those pro- 
mulgated under the Federal Act for corresponding provisions 
in the Federal Law. 
For convenience the section of the Act to which each regu- 
lation pertains has been printed first, with the regulation im- 
mediately following, printed in bold face type. 
James G. Horsfall, 
Director, Connecticut Agricultural 
Experiment Station, 
Frederick H. Holbrook, 
Food and Drug Commissioner 
8 CONNECTICUT 
FOOD, DRUG AND COSMETIC ACT 
WITH GENERAL REGULATIONS 
CHAPTER 135b 
Sec. 886e. Short Title. This act may be cited as the 
“Connecticut Food, Drug and Cosmetic Act.” 
Regulation 1, (Refers to Sec. 886e of the Act.) 
(a) The provisions of regulations promulgated under the 
Act with respect to the doing of any act shall be applicable 
also to the causing of such act to be done. 
(b) The definitions and interpretations of terms contained 
in Section 887e of the Act shall be applicable also to such terms 
when used in regulations promulgated under the Act. 
This act is intended 'to enact state legislation: (a) Which 
will safeguard the public health and promote the public wel- 
fare by protecting the consuming public from injury by pro- 
duct use and the purchasing public from injury by merchan- 
dising deceit, arising from intrastate commerce in food, drugs, 
devices and cosmetics; (b) which shall be uniform, as pro- 
vided in this act, with the federal food, drug and cosmetic act 
and with the federal trade commission act, to the extent to 
which it outlaws the false advertisements of food, drugs, 
devices and cosmetics and (c) which will promote uniformity 
of such legislation and its administration and enforcement, 
in and throughout the United States, 
Sec. 887e. Definitions. For the purpose of this act, the 
following terms shall have the meanings hereinafter specified: 
(a) “Federal act” shall mean the federal food, drug and cos- 
metic act, Title 21 U. S. C. 301 et seq.: 52 Stat, 1040 et 
seq.; (b) “intrastate commerce” shall mean any and all com- 
merce within the state of Connecticut and subject to the juris- 
diction thereof; and shall include the operation of any bus- 
iness or service establishment; (c) “sale” shall mean any and 
every sale and shall include (1) manufacture, processing, pack- 
ing, canning, bottling or any other production, preparation or 
putting up; (2) exposure, offer or any other proffer; (3) hold- 
ing, storing or any other possessing; (4) dispensing, giving, de- 
livering, serving or any other supplying; and (5) applying, ad- 
ministering or any other using; (d) “commissioner” shall mean 
the Food and Drug commissioner and “director” shall mean the 
Director of the Agricultural Experiment Station; (e) “person” 
shall include any individual, partnership, corporation or asso- 
ciation; (f) “food” shall mean (1) articles used for food or 
drink for man or other animals and (2) chewing gum, and 
(3) articles used for components of any such article; (g) 
9 “drug” shall mean (1) articles recognized in the official United 
States pharmacopoeia, official homoeopathic pharmacopoeia of 
the United States or official national formulary, or any supple- 
ment to any of them>; (2) articles intended for use in the diag- 
nosis, cure, mitigation, treatment or prevention of disease in 
man or other animals; (3) articles, other than food, intended 
to affect the structure or any function of the body of man or 
any other animal; and (4) articles intended for use as a com- 
ponent of any article specified in this subsection; but shall not 
include devices or their components, parts or accessories; (h) 
“device”, except when used in subsection (m) of this section 
and in subsection (i) of section 888e, subsection (f) of section 
897e, subsection (c) of section 901e and subsection 
(c) of section 905e shall mean instruments, apparatus 
and contrivances, including their components, parts and access- 
ories, intended (1) for use in the diagnosis, cure, mitigation, 
treatment or prevention of disease in man or other animals or 
(2 to affect the structure or any function of the body of man 
or other animals; (i) “cosmetic” shall mean (1) articles in- 
tended to be rubbed, poured, sprinkled or sprayed on, intro- 
duced into, or otherwise applied to the human body or any part 
thereof for cleansing, beautifying, promoting attractiveness or 
altering the appearance and (2) articles intended for use as a 
component of any such articles; except that such term shall 
not include soap; (j) “official compendium” shall mean the 
official United States pharmacopoeia, official homoeopathic 
pharmacopoeia of the United States, official national formulary 
or any supplement to any of them; (k) “label” shall mean a 
display of written, printed or graphic matter upon the imme- 
diate container of any article, provided a requirement made 
by or under authority of this act that any infomation or other 
word or statement appear on the label shall not be considered 
to be complied with unless such information or other word or 
statement also appears on the outside container or wrapper, 
if any there be, of the retail package of such article, or is 
easily legible through the outside container or wrapper; (1) 
“immediate container” shall not include package liners; (m) 
“labeling” shall mean all labels and other written, printed, 
cr graphic matter (1) upon any article or any of its con- 
tainers or wrappers or (2) accompanying such article, pro- 
vided, if an article be alleged to be misbranded because the 
labeling is misleading, or if an advertisement be alleged to be 
false because it is misleading, then, in determining whether 
the labeling or advertisement is misleading, there shall be 
taken into account, among other things not only representa- 
tions made or suggested by statement, word, design, device 
or sound, or any combination thereof, but also the extent to 
which the labeling or advertisement fails to reveal facts ma- terial in the light of such representations or material with re- 
spect to consequences which may result from the use of the 
article to which the labeling or advertisement relates under 
the conditions of use prescribed in the labeling or advertise- 
ment thereof or under such conditions of use as are customary 
or usual, and provided the representation of a drug, in its 
labeling or advertisement as an antiseptic, shall be considered 
tc be a representation that it is a germicide, except in the 
case of a drug purporting to be, or represented as, an antisep- 
tic for inhibitory use as a wet dressing, ointment or dusting 
powder or for such other use as involves prolonged contact 
with the body; 
Regulation 2. (Refers to Sec. 887e, (m) of the Act.) 
(a) Labeling includes all written, printed, or graphic matter 
accompanying an article at any time while such article i» in 
intrastate commerce or held for sale after shipment or delivery 
in intrastate commerce. 
(b) The existence of a difference of opinion, among experts 
qualified by scientific training and experience, as to the truth 
of a representation made or suggested in the labeling is a fact 
(among other facts) the failure to reveal which may render the 
labeling misleading, if there is a material weight of opinion 
contrary to such representation. 
[Sec. 837e. For the purpose of the Act—] (n) “new drug”, 
shall mean (1) any drug the composition of which is such 
that such drug is not generally recognized, among experts 
qualified by scientific training and experience to evaluate the 
safety of drugs, as safe for use under the conditions prescribed, 
recommended or suggested in the labeling thereof or (2) any 
drug the composition of which is such that such drug, as a re- 
sult of investigation to determine its safety for use under such 
conditions, has become so recognized, but which has not, other- 
wise than in such investigations, been used to a material ex- 
tent or for a material time under such conditions; 
Regulation 3. (Refers to Sec. 887e, (n) of the Act.) 
Newness of a drug may arise by reason (among other reasons) 
of— 
(a) the newness for drug use of any substance which com- 
poses such drug, in whole or in part whether it be an active 
substance or a menstruum, excipient, carrier, coating, or other 
component; 
(b) the newness for drug use of a combination of two or 
more substances, none of which is a new drug; 
(c) the newness for drug use of the proportion of a sub- 
11 stance in a combination, even though such combination con- 
taining such substance in other proportion is not a new drug; 
(>d) the newness of use of such drug in diagnosing, curing, 
mitigating, treating, or preventing a disease, or to affect a 
structure or function of the body, even though such drug is 
not a new drug when used in another disease or to affect 
another structure or function of the body; or 
(e) the newness of a dosage, or method or duration of ad- 
ministration or application, or other condition of use pre- 
scribed, recommended or suggested in the labeling of such 
drug, even though such drug when used in other dosage, or 
other method or duration of administration or application, or 
different condition, is not a new drug. 
[Sec. 8S7e. For the purposes of this Act—] (o) “advertise- 
ment” shall mean all representations disseminated in any man- 
ner or by any means, other than by labeling, for the purpose 
of inducing, or which are likely to induce, directly or indi- 
rectly, the purchase of food, drugs, devices or cosmetics; (p) 
“contaminated with filth” shall apply to any food, drug, device 
or cosmetic not securely protected from dust or dirt, and, as 
far as may be necessary, by all reasonable means, from alii 
foreign or injurious contaminations. 
Sec. 888e. Prohibited acts. The following acts and the 
causing thereof shall be prohibited; (a) The sale in intrastate 
commerce of any food, drug, device or cosmetic that is 
adulterated or misbranded; (b) the adulteration or misbrand- 
ing of any food, drug, device or cosmetic in intrastate com- 
merce; (c) the receipt in intrastate commerce of any food, 
drug, device, or cosmetic that is adulterated or misbranded, 
and the sale thereof in such commerce for pay or otherwise; 
(d) the introduction or delivery for introduction into intra- 
state commerce of (1) any food in violation of section 898e 
or (2) any new drug in violation of section 903e; (e) the dis- 
semination within this state, in any manner or by any means 
or through any medium, of any false advertisement; (f) the 
refusal to permit (1) entry and the 'taking of a sample or 
specimen or the making of an investigation as authorized by 
section 909e or (2) access to or copying of any record as 
authorized by section 910e; (g) the refusal to permit entry 
or inspection as authorized by section 911e; (h) the giving 
of a guaranty or undertaking in intrastate commerce, referred 
to in subsection (c) of section 890e, that is false. 
12 Regulation 4. (Refers to Sec. 888e, (h) of the Act.) In 
case of the giving of a guaranty or undertaking referred to 
in Sec. 890e (c) of the Act, each person signing such guaranty 
or undertaking shall be considered to have given it. 
i[Sec. 888e.] (i) the forging, counterfeiting, simulating or 
falsely representing, Or, without proper authority, using, 
any mark, stamp, tag, label, or other identification device au- 
thorized or required by regulations promulgated under the 
provisions of this act; (j) the alteration, mutilation, destruc- 
tion, obliteration or removal of the whole or any part of the 
labeling of a food, drug, device or cosmetic, or the doing of 
any other act with respect to a food, drug, device or cosmetic, 
or the labeling or advertisement thereof, which results in a vio- 
lation of this act; (k) the using in intrastate commerce, in the 
labeling or advertisement of .any drug, of any representation or 
suggestion that an application with respect to such drug is 
effective under section 505 of the federal act or under section 
903e of this act, or that such drug complies with the provision 
of either such section. 
Sec. 889e. Injunction proceedings. In addition to the 
remedies hereinafter provided, the commissioner is authorized 
to apply to the superior court for, and such court shall have 
jurisdiction upon hearing and for cause shown to grant, a 
temporary or permanent injunction restraining any person 
from violating any provision of section 888e irrespective of 
whether or not there exists an adequate remedy at law. 
Sec- 890e. Penalties, (a) Any person who shall violate 
any provision of section 888e, shall, on conviction thereof, be 
imprisoned not more than six months or fined not more than 
five hundred dollars or both; but, if the violation be committed 
after a conviction of such person under this subsection has 
become final, such person shall be imprisoned not more than 
one year or fined not more than one thousand dollars or both 
(b) Notwithstanding the provisions of subsection (a) of this 
section, any person who shall violate any provision of section 
888e, with intent to defraud or mislead, shall be imprisoned 
not more than one year or fined not more than one thousand 
dollars cr both, (c) No person shall be subject to the penalties 
of subsection (a) of this section for having violated subsection 
(a) or (c) of section 888e if he shall establish a guaranty or 
undertaking signed by and containing the name and address 
of the person residing in this state from whom he received 
the article in good faith, to the effect that such article is not 
adulterated or misbranded within the meaning of 'this act. In 
such guaranty this act shall be designated by title; 
13 Regulation 5. (Refers to Sec. 890e, (c) of the Act.) (a) 
A guaranty or undertaking referred to in Section 890e of the 
Act may he— 
(1) limited to a specific shipment or other delivery of an 
article, in which case it may be a part of or attached to the 
invoice or bill of sale covering such shipment) or delivery; or 
(2) general and continuing, in which case, in its application 
to any shipment or other delivery of an article, it shall be 
considered to have been given at the date such article was 
shipped or delivered by the person who gives the guaranty or 
undertaking. 
(b) The following are suggested forms of guaranty or un- 
dertaking under Section 890e (c) of the Act; 
(!) (Limited Form for use on invoice or bill of sale. 
(Name of persons giving the guaranty or undertaking) here- 
by guarantees that no article listed herein is adulterated or 
misbranded within the meaning of the Connecticut Food, Drug, 
and Cosmetic Act, or is an article which may not under the 
provisions of Section 898e or 903e of the Act, be introduced 
into commerce. 
(Signature and post-office address of person giving the 
guaranty or undertaking.) 
(2) (Genera! and Continuing Form.) 
The article comprising each shipment or other delivery here- 
after made by (name or person giving the guaranty or under- 
taking) to, or on the order of (name and post-office address 
of person to whom the guaranty or undertaking is given) is 
hereby guranteed, as of the date of such shipment or delivery, 
to be, on such date, not adulterated or misbranded wfithin 
the meaning of the Connecticut Food, Drug, and Cosmetic Act, 
and not an article which may not, under the provisions of 
Section 898e and 903e of the Act, be introduced into com- 
merce. 
(Signature and post-office address of person giving the 
guaranty or undertaking.) 
(c) A guaranty or undertaking, if signed by two or more 
persons, shall state that such persons severally guarantee the 
article to which it applies. 
(d) No representation or suggestion that an article is 
guaranteed under the Act shall be made in labeling. 
[Sec. 890e.] (d) No publisher, radio-broadcast licensee, ad- 
vertising agency or agency or medium for the dissemination of 
advertising, except the manufacturer, packer, distributor or 
seller of the article to which the advertisement relates, shall be 
subject to the penalties of subsection (a) of this section by 
14 reason of bis dissemination of any false advertisement, unless 
he shall have refused, on the request of the commissioner, to 
furnish the name and address of the manufacturer, packer, 
distributor, seller or advertising agency in the United States, 
who caused him to disseminate such false advertisement. 
Sec. 891e. Seizure, (a) Whenever the commissioner or 
has duly authorized agent shall find, or have probable cause to 
believe, that any food, drug, device or cosmetic is offered or 
exposed for sale, or held in possession with intent to distri- 
bute or sell, or is intended fcr distribution or sale in violation 
of any provision of this act, whether it is in the custody of a 
common carrier or any other person, he may affix to such ar- 
ticle a tag or other appropriate marking, giving notice that 
such article is, or is suspected of being, in violation of this 
act and has been embargoed. Within twelve days after an 
embargo has been placed upon any article, the embargo shall 
be removed by the commission or a summary proceeding for 
the confiscation of the article shall be instituted by the com- 
missioner. No person shall remove or dispose of such embar- 
goed article by sale or otherwise without the permission of 
the commissioner or his agent; or after summary proceedings 
have been instituted, without permission from the court. If the 
embargo shall be removed by the commissioner or by the court, 
neither the commissioner nor the state shall be held liable for 
damages because of such embargo in the event that the court 
shall find that there was probable cause for the embargo, (b) 
The local justice, town, police or city ccurt having jurisdic- 
tion in the country which such food, drug, device or cos- 
metic was found, or any judge of any such court, shall have 
jurisdiction to hear and determine such proceedings, (c) Such 
proceedings shall be by complaint, verified by affidavit, which 
may be made on information and belief in the name of the 
commissioner against the article to be confiscated, (d) The 
complaint shall contain: (1) A particular description of the 
article, (2) the name of the place where the article is located 
and (3) the name of the person in whose possession or cus- 
tody the article was found, if such name be known to the per- 
son making the complaint or can be ascertained by reasonable 
effort and (4) a statement as to the manner in which the ar- 
ticle is adulterated or misbranded or the characteristics which 
render its distribution or sale illegal, (e) Upon the filing of 
the verified complaint, the court or judge shall issue a war- 
rant directed to the proper officer to seize and take in his 
possession the article described in the complaint and bring 
the same before the court or judge who issued the warrant 
and to summon the person named in the warrant, and any 
other person who may be found in possession of the article. 
15 to appear at the time and place therein specified, (f) Any 
such person shall be summoned by service of a copy of the 
warrant in the same manner as a summons issuing out of the 
court in which the warrant has been issued, (g) The hearing 
upon the complaint shall be at the time and place specified 
in the warrant, which time shall not be less than five days 
or more than fifteen days from the date of issuing the warrant, 
but, if the execution and service of the warrant has been less 
than three days before the return of the warrant, either 
party shall be entitled to a reasonable ccntinuance. Upon the 
hearing the complaint may be amended, (h) Any person who 
shall appear and claim the food, drug, device or cosmetic 
seized under the warrant shall be required to file a claim in 
writing, (i) If, upon the hearing, it shall appear that the 
article was offered or exposed for sale, or had in possession 
with intent to distribute or sell, or was intended tor distribu- 
tion or sale, in violation of any provision of this act, it shall be 
confiscated and disposed of by destruction or sale as the court 
or judge may direct, but no such article shall be sold con- 
trary to any provision of this act. The proceeds of any sale, 
less the legal costs and charges, shall be paid into the state 
treasury, (j) In case the article seized be not injurious to 
health and be of such a character that, when properly packed, 
marked, branded or otherwise brought into compliance with 
the provisions of this act, so that its sale would not he pro- 
hibited, the court or judge may order such article delivered 
to the owner upon the payment of the costs of the proceedings 
and the execution and delivery to the state department in- 
stituting the proceedings, as obligee, of a good and sufficient 
bond to the effect that such articles will be brought into 
compliance with the provisions of this act under the super- 
vision of said State Department, and the expenses of such 
supervision shall be paid by the owner obtaining release of 
the article under bond, (k) Whenever the commissioner or 
any of his authorized agents shall find in any room, building, 
vehicle of transportation or other structure, any meat, sea 
food, poultry, vegetable, fruit or other perishable article 
which is unsound, or contains any filthy, decomposed or pu- 
trid substance, or that may be poisonous or deleterious to 
health or otherwise unsafe, the commissioner, or his authorized 
agent, shall forthwith condemn or destroy the same, or in any 
other manner render the same unsalable as human food. 
Sec. 892e- Hearings. Prosecutions. (a) Each state at- 
torney or town or city prosecuting attorney to whom the 
commissioner shall report any violation of this act, shall cause 
appropriate proceedings to be instituted in the proper courts 
16 without delay, and to be duly prosecuted as prescribed by law. 
(b) Before any violation of this act shall be reported by the 
commissioner to any such attorney for the institution of a 
criminal proceeding, the person against whom such proceeding 
is contemplated shall be given appropriate notice and an op- 
portunity to present his views to the commissioner, either 
orally or in writing, with regard to such contemplated pro- 
ceeding. 
Regulation 6. (Refers to Sec. 892e, (b) of the Act.) (a) 
Presentation of views under Section 892e of the Act shall be 
private and informal. The views presented shall he confined 
to matters relevant to the contemplated proceedings. Such 
views may be presented in person by the person, to whom the 
notice was given, or by his representative. In case such per- 
son holds a guaranty or undertaking referred to in Section 
890e (c) of the Act applicable to the article on which such 
notice was based, such guaranty or undertaking, or a verified 
copy thereof, shall be made a part of such presentation of 
views. | 
(b) Upon request seasonably made, by the person to whom 
a notice appointing a time and place for the presentation of 
views under Section 892e of the Act has been given, or by 
his representative, such time or place, or both such time and 
place, may be changed if the request states reasonable grounds 
therefor. Such request shall be addressed to the office of 
the Food and Drug Commission. 
Sec. 893e. Warning by Commissioner. Nothing in this 
act shall be construed as requiring the commissioner to report 
for the institution of proceedings under this act, minor viola- 
tions of this act, whenever he shall believe that the public 
interest will be adequately served in the circumstances by a 
suitable written notice or warning. 
Sec. 894e. Proceedings in name of state. All such pro- 
ceedings for the enforcement, or to restrain violations, of 
this act, shall be by and in the name of the state of Connec- 
ticut. 
Sec. 895e. Definitions and standards for food. Whenever 
the commissioner and director shall agree that such action will 
promote honesty and fair dealing in the interest of con- 
sumers, they, acting jointly, shall promulgate regulations fix- 
ing and establishing for any food or class of food a reasonable 
definition and standard of identity or a reasonable standard of 
quality or a reasonable standards of fill of container, or any 
two or all of such definitions or standards. In prescribing 
17 a definition and standard of identity for any food or class 
of food in which optional ingredients are permitted, the 
commissioner and director, acting jointly, shall, for the pur- 
pose of promoting honesty and fair dealing in the interest of 
consumers, designate the optional ingredients which shall be 
named on the label. Tne definitions and standards so promul- 
gated shall conform, so far as practicable, to the definitions 
and standards promulgated by the administrator of the United 
States Federal Security Agency under the authority conferred 
by section 401 of the federal act. 
Sec. 896e. Adulterated food. A food shall be deemed to 
be adulterated:(a) (1) If it shall bear or contain any pois- 
onous or deleterious substance which may render it injurious 
to health; but, in case the substance is not added substance, 
such food shall not be considered adulterated under this clause 
if the quantity of such substance in such food would not or- 
dinarily render it injurious to health; or (2) it if shall bear 
or contain any added poisonous or added deleterious substance 
which is unsafe within the meaning of section 899e; or (3) 
if it shall consist in whole or in part of any diseased, contam- 
inated, filthy, putrid or decomposed substance or if it shall 
be otherwise unfit for food; or (4) if it has been produced, 
prepared, packed or held under insanitary conditions whereby 
it may have become contaminated with filth or whereby it 
may have been rendered diseased, unwholesome or injurious 
to health; or (5) if it shall be in whole or in part the product 
of a diseased animal or of an animal which has died other- 
wise than by slaughter or which has been fed on the uncooked 
offal from a slaughter-house or (6) if its container shall be 
composed in whole or in plart of any poisonous or deleterious 
substance which may render the contents injurious to health; 
(b) (1) if ®ny valuable constituent has been in whole or in 
part omitted or abstracted therefrom; or (2) if any substance 
has been substituted wholly or in part therefore; or (3) if 
damage or inferiority has been concealed in any manner; or 
(4) if any substance has been added thereto; or mixed or 
packed therewith so as to increase its bulk or weight, or 
reduce its quality or strength, or make it appear' better 
or greater value than it ip; (c) if it shall bear or con- 
tain a coal-tar color other than one that is harmless and 
suitable for use in food, as provided by regluations pro- 
mulgated under section 406 (b) of the federal act; (d) 
if it shall be confectionery and it shall bear or contain 
any alcohol or non-nutritive article or substance except 
harmless coloring, harmless flavoring, harmless resinous 
glaze not in excess four-tenths of one per cent, harmless 
natural gum or pectin; provided this subsection shall not 
18 armly to any confectionery by reason of its containing less 
than one-half of one per cent by volume of alcohol derived 
solely from the use of Havering extracts, or to any chewing 
gum, by reason of its containing harmless non-nutritive mas- 
ticatory substances. 
Sec. 897e. Misbranded food. A food shall be deemed to 
be misbranded; (a) If its labeling shall be false or misleading 
in any particular. 
Regulation 7. (Refers to Sec. 897e, (a1) of the Act.) (a) 
Among representations in the labeling of a food which ren- 
der such food misbranded is a false or misleading representa- 
tion with respect to another food or a drug, device, or cos- 
metic. 
(b) The labeling of a food which contains two or more 
ingredients may be misleading by reason (among other rea- 
sons) of the designation of such food in such labeling by a 
name which includes or suggests the name of one or more 
but not all such ingredients, even though the names of all 
such ingredients are stated elsewhere in the labeling. 
[Sec. 897e. A food shall be deemed to be misbranded—] 
(b) if it shall be offered for sale under the name of another 
food; (c) if it shall be an imitation of another food, unless its 
label shall bear, in type of uniform size and prominence, 
the word “imitation” and, immediately thereafter, the name 
of the food imitated; (d) if its container shall be so made, 
formed or filled as to be misleading; (e) if in package form, 
unless it shall beaj: a label containing, (1) the name and place 
of business of the manufacturer, packer cr distributor; and 
(2) an accurate statement of the quantity of the contents in 
terms of weight, measure or numerical count; provided, under 
subdivision (2) of this subsection, reasonable variations shall 
be permitted, and exemptions as to small packages shall be 
established by regulations promulgated by the commissioner 
and director, acting jointly; 
Regulation 8. (Refers to Sec. 897e (e) of the Act.) (a) 
If a food is not manufactured by the person whose name ap- 
pears on the label, the name shall be qualified by a phrasd 
which reveals the connection such person has with' such food, 
such as “Manufactured for and Packed by ”, “Dis- 
tributed by ”, or other similar phrase which expresses 
the facts. 
(b) The statement of the place of business shall include the 
steet address, if any, of such place, unless such street address 
is shown in a current city directory or telephone directory. 
19 (c) Where a person manufactures, packs, or distributes a 
food at a place other than his principal place of business, the 
label may state the principal place of business in lieu of the 
actual place where each package of such food was manufac- 
tured or packed or is to be distributed, if such statement is 
not misleading in any particular. 
(d) The requirement that the label shall contain; the name 
and place of business of the manufacturer, packer, or distri- 
butor shall not be considered to relieve any food from the re- 
quirement that its label shall not be misleading in any par- 
ticular. 
(e) (1) The statement of the quantity of the contents shall 
reveal the quantity of food in the package, exclusive of 
wrappers and other material packed with such food. 
(2) The statement shall be expressed in the terms of 
weight, measure, numerical count, or a combination of nu- 
merical count and weight or measure, which are generally used 
by consumers to express quantity of such food and which give 
accurate information as to the quantity thereof. But if no 
general consumer usage in expressing accurate information 
as to the quantity of such food exists, the statement shall 
be in terms of liquid measure if the food is liquid, or in 
terms of weight if the food is solid, semi-solid, viscous or a 
mixture of solid and liquid; 
(f) (1) A statement of weight shall be in terms of the 
avoirdupois pound and ounce. A statement of liquid measure 
shall be in terms of the United States gallon of 231 cubic 
inches and quart, pint, and fluid ounce subdivisions thereof, 
and, except in case of frozen food which is so consumed, shall 
express the volume at 68° Fahrenheit (20° Centigrade). A 
statement of dry measure shall be in terms of the United 
States bushel of 2150.42 cubic inches and peck, dry quart, 
and dry pint subdivisions thereof or in terms of the United 
States standard barrel and its subdivisions of third, half and 
and three-quarters barrel. However, in the case of an export 
shipment, the statement may be in terms of a system of weight 
or measure in common use in the country to which such ship- 
ment is exported. 
(2) A statement of weight or measure in the terms speci- 
fied in subdivision (1) of this paragraph may be supplemented 
by a statement in terms of the metric system of weight or 
measure. 
(3) Unless an unqualified statement of numerical count gives 
accurate information as to the quantity of food in the pack- 
age, it shall be supplemented by such statement of weight. 
20 measure, or size of the individual units of the food as will give 
such information. 
(g) Statements shall contain only such fractions as are 
generally used in expressing the quantity of the food. A com- 
mon fraction shall be reduced to its lowest terms; a decimal 
fraction shall not be carried out to more than two places. 
(h) (1) If the quantity of food in the package equals or 
exceeds the smallest unit of weight or measure which is 
specified in paragraph (f) of this regulation, and which is 
applicable to such food under the provisions of paragraph (e) 
(2) of this regulation, the statement shall express (except as 
provided in subdivision (2) of this paragraph) the number of 
the largest of such units contained in the package (for ex- 
ample, the statement on the label of a package which contains 
one quart of food shall be “1 quart”, and not ”2 pints” or 
”32 fluid ounces”). Where such number is a whole number 
and a fraction, diere may be substituted for the fraction 
its equivalent in smaller units, if any smaller is specified in 
such paragraph (f) (for example, 1% quarts may be expressed 
as “1 quart pints” or “1 quart 1 pint 8 fluid ounces”; 
1 M pounds may be expressed as “1 pound 4 ounces”). The 
stated number of any unit which is smaller than the largest 
unit (specified in such paragraph (f)) contained in the pack- 
age shall not equal or exceed the number of such smaller 
units in the next larger unit so specified (for exa’nple, instead 
of “1 quart 16 fluid ounces” the statement shall be ”iy2 
quarts” or ”1 quart 1 pint”; instead of ”24 ounces” the state- 
ment shall be “iVs pounds” or ”1 pound 8 ounces”1). 
(2) In the. case of a food with respect to which there exists 
an established custom of stating the quantity of the contents 
as a fraction of a unit, which unit is larger than the quantity 
contained in the package, or as units smaller than the largest 
unit contained therein, the statement may be made in accord- 
ance with such custom if it is informative to consumers* 
(1) (1) Statement of quantity shall express the minimum 
or the average. If the statement is not so qualified as to show 
that the quantity expressed is the minimum, it shall be con- 
sidered to express the average quantity in the package. 
(2) The average weight, measure or numerical count of the 
contents of at least six packages must fully equal the weight, 
measure or numerical count stated on the package. In the 
case of bread the law, Sec. 2454, requires the average weight 
to be determined on the basis of twelve packages. 
(j) A food shall be exempt from compliance with the re- 
quirements of clause (2) of Section 897e (e) of the Act if— 
21 (!) the quantity of the contents, as expressed in terms 
applicable to such food under the provisions of paragraph (e) 
(2) of this regulation, is less than one-half ounce avoirdupois, 
or less than one-half fluid ounce, or (in case the units of the 
food can be easily counted without opening the package) less 
than six units; or 
(2) the statement of the quantity of the contents of the 
package, together with all other words, statements, and in- 
formation required by or under authority of the Aclt to ap- 
pear on the label, cannot, because of insufficient label space, 
be so placed on the label as to comply with the requirements 
of section 897e (f) of the act and regulations promulgated 
thereunder. 
[Sec. 89Te. A food shall be deemed to be misbranded—] 
(f) if any information or other word or statement, required 
by or under authority of this act to appear on the label or 
labeling, shall not be 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; 
Regulation 9. (Refers to Sec. 897e, (f) ofl the Act. (a) 
A word, statement, or other information required by or under 
authority of the Act to appear on the label may lack that 
prominence and conspicuousness required by Section 897e 
(f) of the Act by reason (among other reasons) of— 
(1) the failure of such word, statement, or information 
to appear on the part or panel of the label which is presented 
or displayed under customary conditions of purchase; 
(2) the failure of such word, statement, or information to 
appear on two or more parts or panels of the label each of 
which has sufficient space therefor* and each of which is so 
designed as to render it likely to be, under customary con- 
ditions of purchase, the part or panel displayed; 
(3) the failure of the label to extend over the area of 
the container or package available for such extension, so as to 
provide sufficient label space for the prominent placing of 
such word, statement, or information; 
(4) insufficiency of label space (for the prominent placing 
such word, statement, or information) resulting from the use 
of label space for any word, statement, design, or device 
which is not required by or under authority of the Act to 
appear on the label; 
22 (5) insufficiency of label space (for the prominent placing 
of such word, statement! or information) resulting from the use 
of label space to give materially greater conspicuousness 
to any other word, statement, or information, or to any design 
or device; or 
(6) smallness or style of type in which such word, state- 
ment, or information appears, Insufficient, background contrast 
obscuring designs or vignettes, or crowding with other writ- 
ten, printed, or graphic matter. 
(b) No exemptions depending on insufficiency of label space, 
as prescribed in regulations promulgated under Section 897e 
(e) or (i) of the Act, shall apply if such insufficiency is) 
caused by— 
(1) the use of label space for any word, statement, design, 
or device which is not required by or under authority of the 
Act to appear on the label; 
(2) the use of label space to give greater conspicuousness 
to any word, statement, or other information than is required 
by Section 897e (f) of the Act; or 
(3) the use of label space for any representation in a 
foreign language. 
(c) (1) All words, statements, and other information re- 
quired by or under authority of the Act to appear on the 
label or labeling shall appear thereon in the English language. 
(2) If the label contains any representation in a foreign 
language, all words, statements, and other information re- 
quired by or under authority of the Act to appear on the 
label shall appear thereon in the foreign language. 
(3) If the labeling contains any representation in a foreign 
language, all words, statements, and other information re- 
quired by or under authority of the Act to appear on the label 
or labeling shall appear on the labeling in the foreign lan- 
guage. 
[Sec. 897e. A food shall be deemed to be misbranded—] 
(g) if it shall purport to be or shall be represented as a 
food for which a definition and standard of identity has been 
prescribed by regulations as provided by section 89oe, un- 
less (1) it shall conform to such definition and standard, and 
(2) its label shall bear the name of the food specified in the 
definition and standard, and, so far as may be required by 
such regulations, the common names of optional ingredients, 
other than spices, flavoring and coloring, present in such food; 
23 Regulation 10. (Refers to Sec. 897e (g) of the Act.) 
In the following conditions, among others, a food does not 
conform to the definition and standard of identity therefor; 
(a) If it contains a'n ingredient for which no provision is 
made in such definition and standard; 
(b) If it fails to contain any one or more ingredients re- 
quired by such definition and standard; 
(c) If the quantity of any ingredient or component fails to 
conform to the limitation, if any, prescribed therefor by such 
definition and standard. 
[Sec. 897e. A food shall be deemed to be misbranded—■] 
(h) if it shall purport to be or is represented as, (1) a food 
for which a standard of quality has been prescribed by regu- 
lations as provided by section 895e and its quality shall fall 
below such standards unless its label shall bear in such manner 
and form as such regulations specify, a statement that it falls 
below such standard; or (2) a food for which a standard or 
standards of fill of container have been prescribed by regula- 
tions as provided by section 895e, and it shall fall below the 
standard of fill of container applicable thereto, unless its label 
shall bear, in such manner and form as such regulations speci- 
fy, a statement that it falls below such standard; (3) 
a food for which no definition and standard of identify and 
no standard of quality has been prescribed by regulations as 
provided by section 895e, and it shall fall below the standard 
of purity, quality or strength which it purports or is repre- 
sented to possess; (i) if it shall not be subject to the provisions 
of subsection (g) of this section, unless i*ts label shall bear 
(1) the common or usual name of the food, if any there be, 
and (2) in case it shall be fabricated from two or more ingre- 
dients, the common or usual name of each such ingredient 
except that spices, flavoring and colorings, other than those 
sold as such, may be designated as spices, flavorings and color- 
ings, without naming each; provided to the extent that compli- 
ance with the requirements of subdivision (2) of this subsection 
shall be impracticable, or shall result in deception or unfair 
competition, exemptions shall be established by regulations 
promulgated by the commissioner and director, acting jointly; 
Regulation 11. (Refers to Sec. 897e (f) (2) of the Act.) 
(a) The name of an ingredient (except a spice, flavoring, or 
coloring which is an ingredient of a food other than one sold 
as a spice, flavoring, or coloring),* required by Section 897e 
(i) (2) of the Act to be borne on the label of a food, shall 
be a specific name and npt a collective name. But if an 
ingredient (which itself contains two or more ingredients) 
24 conforms to a definition and standard of identity prescribed 
by regulations under Section 895e of the Act, such ingredient 
may be designated on the label of such food by the name 
specified in the definition and standard, supplemented, in case 
such regulations require the naming of optional ingredients 
present in such ingredient, by a statement showing the op- 
tional ingredients which are present in such ingredient. 
(b) No ingredient shall be designated on the label as a spice, 
flavoring, or coloring unless it is a spice, flavoring, or color- 
ing, as the case may be, within the meaning of such term as 
commonly understood by consumers. The term “coloring” shall 
not include any bleaching substance. 
(c) An ingredient which is both a spice and a coloring, 
or both a flavoring and a coloring, shall be designated as 
spice and coloring, or flavoring and coloring, as the case 
may be, unless such ingredient is designated by its specific 
name. 
(d) A label may be misleading by reason (among other 
reasons) of— 
(1) the order in which the names of ingredients appear 
thereon, or the relative prominence otherwise given such 
names; or 
(2) its failure to reveal the proportion of, or other fact 
with respect to, an ingredient, when such proportion or other 
fact is material in the light of the representation that such 
ingredient was used in fabricating the food. 
(e) (1) A food shall be exempt from the requirements 
of clause (2) of Section 897e (i) of the Act if all words, 
statements, and other information required by or under 
authority of the Act to appear on the label of such food, 
cannot, because of insufficient label space, be so placed 
on the label as to comply with the requirements of Section 
897e (f) of the Act and regulations promulgated thereun- 
der. But such exemption shall be on the condition that, if 
the omission from the label of the statement of the quanti- 
ty of the contents affords sufficient space to state legibly 
thereon all the information required by such clause (2), 
such statement of the quantity of the contents shall be omit- 
ted as authorized by regulation 7 (m) (2), and the infor- 
mation required by such clause (2) shall be so stated as 
prominently as practicable even though the statement is not of 
such conspicuousness as to render It lilcely to be read by 
the ordinary individual under customary conditions of pur- 
chase. 
25 (2) In the case of an assortment of different items of food 
when variations in the item which make up different pack- 
ages packed from such assortment normally occur in 
good packing practice, and when such variations result in 
variations in the ingredients in different packages such food 
shall be exempt from compljance with the requirements of 
clause (21) of Section 897e (i)of the Act with respect to 
any ingredient which is not common to all packages. But 
such exemption shall be on the condition that the label shall 
bear, in conjunction with the names of such ingredients as 
are common to all packages, a statement in terms which are 
as informative as practicable and which are not misleading, 
indicating that other ingredients may be present. 
[Sec. 897e. A food shall be deemed to be misbranded—] 
(j) if d't shall purport to be or shall be represented to be 
for special dietary uses, unless its label shall bear such in- 
formation concerning it vitamin, mineral and other dietary 
properties as shall be necessary in order fully to inform 
purchasers (ias to its value for such uses, as provided by 
regulations promulgated by the commissioner and director, 
acting jointly; (k) if it shall bear or contain any artificial 
flavoring, artificial coloring or chemical preservative, unless 
it shall bear labeling stating that fact; provided, to the ex- 
tent that compliance with the requirements of this subsection 
shall be impracticable, exemptions shall be established by 
regulations promulgated by the commissioner and director, 
acting jointly. 
Regulation 12. (Refers to Sec. 897e, (k) of the Act.) (a) 
(1) The term “artificial flavoring” means a flavoring con- 
taining any sapid or aromatic constituent, which constituent 
was manufactured by a process of synthesis or other similar 
artifice. 
(2) The term “artificial coloring” means a coloring con- 
taining any dye or pigment, which dye or pigment was man- 
ufactured by a process of synthesis or other similar artifice 
or a coloring which was manufactured by extracting a na- 
tural dye or natural pigment from a plant or other material 
in which such dye or pigment was naturally produced. 
(3) The term “chemicaj preservative” means any chem- 
ical which, when adcled to food, tends to prevent or retard 
deterioration thereof; but does not include common salt, 
sugars, vinegars, spices (or oils extracted from spices, or 
substances added to food by direct exposure thereof to wood 
smoke. 
(b) A food which is subject to the requirements of Sec- 
tion 897e (k) of the Act shall bear labeling, even though 
such food is not in package form. 
26 (c) A statement of artificial flavoring, artificial coloring, 
or chemical preservative shall be placed on the food, or on 
its container or wrapper, on any two or all of these, as may 
be necessary to render such statement likely to be( read by the 
ordinary individual under customary conditions of purchase 
and use of such food. 
(d) A food shall be exempt from compliance with the re- 
quirements of Section 897e (k) of the Act if it is not in 
package form and the units thereof are so small that a state- 
ment of artificial flavoring, artificial coloring, or chemical 
preservative, as the case may be, cannot be placed on such 
units with such conspicuousness as to render it likely to be 
read by the ordinary individual under customary conditions 
of purchase and use. 
Sec. 898e. Emergency permit control. (a) Whenever 
the commissioner shall find, after investigation, that the dis- 
tribution in intrastate commerce of any class of food may, 
by reason of contamination with micro-organisms during the 
manufacture, processing or packing thereof in any locality, 
be injurious to health, and that such injurious nature can- 
not be adequately determined after such articles have en- 
tered intrastate commerce, he then, and in such case only, 
shall promulgate regulations providing for the issuance, to 
manufacturers, processors or packers of such class of food 
in such locality, of permits to which shall be attached such 
conditions governing the. manufacture, processing or pack- 
ing of such class of food for such temporary period of time, 
as may be necessary to protect the public health; and, after 
the effective date of such regulations, and during such tem- 
porary period, no person shall introduce or deliver for in- 
troduction into intrastate commerce, any such food manu- 
factured, processed or packed by any such manufacturer, 
processor or packer unless such manufacturer, processor or 
packer shall hold a permit issued by the commissioner as 
provided by such regulations. Such regulations shall conform, 
so far as practicable, with those promulgated under section 
404 (a) of the federal act. (b) The commissioner is author- 
ized to suspend immediately, upon notice, any permit issued 
under authority of this section, if it be found that any of 
the conditions of the permit have been violated. The holder 
of a permit so suspended shall be privileged at any time to 
apply for the reinstatement of such permit, and the com- 
missioner shall, immediately, after prompt hearing and in- 
spection of the factory or establishment, reinstate such per- 
mit, if it be found that adequate measures have been taken 
to comply with and maintain the conditions of the permit. 
27 as originally issued or as amended, (c) Any officer or em- 
ployee designated by the tammissionler tehall have acctess 
to any factory or establishment, the operator of which holds 
a permit from the commissioner, for the purpose of ascer- 
taining whether or not the conditions of the permit are 
being complied with, and denial of access for such inspection 
shall be ground for suspension of the permit until such access 
shall be freely given by the operator. 
Sec. 899e. Tolerances for poisonous ingredients in food. 
(a) Any poisonous or deleterious substance added to any 
food, except where jsuch substance shall be requined in 
the production thereof or cannot be avoided by good manu- 
facturing practice, shall be deemed lo be unsafe for pur- 
poses of the application of subdivision (2) of subsection (a) 
of section 896e; but when such substance shall be so required 
or cannot be so avoided, the commissioner and director, acting 
jointly, shall promulgate regulations limiting the quantity 
therein or 'thereon to such extent as they shall find necessary 
for the protection of public health, and any quantity exceeding 
the limits so fixed shall also be deemed to be unsafe for pur- 
poses of the application of said subdivision (2). While such a 
regulation shall be in effect limiting the quantity of any such 
substance in the case of any food, such food shall not, by 
reason of having or containing any added amount of such 
substance, be considered to be adulterated within the mean- 
ing of subdivision (1) of said section (1). In determining 
the quantity of such added substance to be tolerated in or 
on different articles of food, the commissioner and director, 
acting jointly, shall take into account the extent to which 
the use of such substance is required or cannot be avoided 
in the production of each such article, and the other ways 
in which the consumer may be affected by the same or other 
poisonous or deleterious substances, (b) The regulations pro- 
mulgated under subsection (a) of this section shall conform, 
so far as practicable, with those promulgated under section 
406 (a) of the federal act. 
Sec. 900e. Adulterated drugs and devices. A drug or 
device shall be deemed to be adulterated: (a) (1) If it shall 
consist in whole or in part, of any filthy, putrid or decom- 
posed substance; or (2) if it has been produced, prepared, 
packed or held under insanitary conditions whereby it may 
have been contaminated with filth, or whereby it may have 
been rendered injurious to health; or (3) if it shall be a 
drug and its container shall be composed, in whole or in 
part, of any poisonous or deleterious substance which may 
render the contents injurious to health; or (4) if it shall 
28 be a drug and it shall bear or contain, for the purposes of 
coloring only, a coal tar color other than one that is harmless 
and suitable for use in drugs, as provided by regulations 
promulgated under section 504 of the federal act; (b) if 
it shall purport to be, or shall be represented as, a drug 
the name of which is recognized in an official compendium, 
and its strength shall differ from, or its quality or purity 
shall fall below, the standard set forth in such compendium; 
such determination as to strength, quality or purity to be 
made in accordance with the tests or methods of assay set 
forth in such compendium or prescribed by regulations pro- 
mulgated under section 501 (b) of the federal act provided 
no drug defined in an official compendium shall be deemed to 
be adulterated under this subsection because it differs from 
the standard of strength, quality or purity therefor set forth 
in such compendium, if its difference in strength, quality or 
purity from such standard shall be plainly stated on its 
label and provided, whenever a drug shall be recognized in 
both the United States pharmocopoeia and the homoeopathic 
pharmacopoeia of the United States, it shall be subject to 
the requirements of the United States pharmacopoeia unless 
it shall be labeled and offered for sale as a homoepathic 
drug, in which case it shall be subject to the provisions of the 
homoeopathic pharmacopoeia of the United States and not 
to those of the United States pharmacopoeia. 
Regulation 13. (Refers to Sec. 900e, (b) of the Act.) 
(a) The name by which a drug is designated shall be clearly 
distinguishing and differentiating from any name recognized 
in an official compendium unless such drug complies in 
identity with the identity prescribed in an official compen- 
dium under such recognized name. 
(b) The term “drug defined in an official compendium” 
means a drug having the identity prescribed for a drug in 
an official compendium. 
(c) A statement that a drug defined in an official compen- 
dium differs in strength, quality, or purity from the standard 
of strength, quality, or purity set forth for such drug in an 
official compendium shall show all the respects in which such 
drug so differs, and the extent of each such difference. 
[Sec. 900e. A drug or device shall be deemed to be 
adulterated—] (c) if it shall not be subject to the provi- 
sions of subsection (b) of this section and its strength shall 
differ from, or its purity or quality shall fall below, that 
which it purports or is represented to possess; (d) if it shall 
be a drug and any substance has been (1) mixed or packed 
29 therewith so as to reduce its quality or strength or (2) sub- 
stituted wholly or in part therefor. 
Sec. 901e. Misbranded drug and devices. A drug Or de- 
vice shall be deemed to be misbranded: (a) If its labeling 
shall be false or misleading in any particular; 
Regulation 14. (Refers to Sec. 901e, (a) of the Act.) 
(a) Among representations in the labeling of a drug or 
device which render such drug or device misbranded is a false 
or misleading representation with respect to another drug 
or device or a food or cosmetic. 
(b) The labeling of a drug which contains two or more 
ingredients may be misleading by reason, among other reasons 
of the designation of such drug in such labeling by a 
name which includes or suggests the name of one or more 
but not all such ingredients, even though the names of all such 
ingredients are stated elsewhere in the labeling. 
[Sec. 90le. A drug or device shall be deemed to be mis- 
branded—] (b) if in package form, unless it shall bear a 
label containing (1) the name and place of business of the 
manufacturer, packer or distributor and (2) and accurate state- 
ment of the contents in terms of weight, measure or numer- 
ical count; provided, under subdivision (2) of this subsection 
reasonable variations shall be permitted, and exemptions as to 
small packages shall be established, by regulations promulgated 
by the commissioner and director, acting jointly; 
Regulation 15. (Refers to Sec. 901e, (b) of the Act.) (a) 
If a drug or device is not manufactured by the person whose 
name appears on the label, the name shall be qualified by a 
phrase which reveals the connection Mich person has with such 
drug or device such as “Manufactured for and Packed by ”, 
“Distributed by ”, Retailed by ”, or other 
similar word or phrase which expresses the facts. 
(b) The statement of the place of business shall include 
the street address, if any, of such place, unless such street 
address is shown in a current city directory or telephone di- 
rectory. 
(c) Where a person manufactures, packs, or distributes 
a drug or device at a place other than his principal place of 
business, the label may state the principal place of business 
in lieu of the actual place where each package of such drug 
or device was manufactured or packed or is to be distributed 
if such statement is not misleading in any particular. 
(d) The requirement that the label shall contain the name 
and place of business of the manufacturer, packer, or dis- 
30 tributor shall not be considered to relieve any drug or device 
from the requirement that its label shall not be misleading 
in any particular. 
(e) (1) The statement of the quantity of the contents 
of a package of a drug shall reveal the quantity of such 
drug in the package, exclusive of wrappers and other ma- 
terial packed with such drug. 
(2) The statement shall be expressed in Athe terms of 
weight, measure, numerical count, or a combination of nu- 
merical count and weight or measure, which are generally 
used by consumers and users of such drug to express quantity 
thereof and which give accurate informattion as to such quan- 
tity. But if no general usage in expressing accurate infor- 
mation as to the quantity of such drug exists among con- 
sumers and users thereof, the statement of the quantity of 
a drug which is not in tablet, capsule, ampul, or other unit 
form shall be in terms of weight if the drug is solid, semi- 
solid, or viscous, or in terms of measure if the drug is liquid; 
the statement of the quantity of a drug which is in such 
unit form shall be in terms of the numerical count of such 
unifts, supplemented, when necessary to give accurate in- 
formation as to the quantity of such drug in the package, 
by such statement (in such terms, manner, and form as arto 
not misleading) of the weight or measure of such units, or 
of the quantity of each active ingredient in each such unit, 
as will give such information. 
(3) The statement of the quantity of a device shall be 
expressed in terms of numerical count. 
(f) A statement of weight shall be in terms of the avoir- 
dupois pound, ounce and grain, or of the kilogram, gram, 
and milligram. A statement of liquid measure shall be In 
terms of the United States Gallon of 231 cubic inches andl 
quart, pint, fluid ounce, and fluid dram subdivision thereof, 
or of the liter, militer, or cubic centimeter, and shall ex- 
press the volume at 68° Fahrenheit (20° Centigrade). 
(g) Statements of the quantity of a drug shall contain 
only such fractions as are generally used in expressing the 
quantity of such drug. A common fraction shall be reduced 
to its lowest terms; a decimal fraction shall not be carried 
out to more than three places except in the case of a state- 
ment of the quantity of an active ingredient in a unit of a 
drug. 
(h) (1) Unless made in accordance with the provisions of 
subdivision (2) of this paragraph a statement of the quantity 
of a drug, in terms of weight or measure applicable to such 
31 drug under the provisions of paragraph Ce) (2) of this 
regulation, shall express the number of the largest unit spe- 
cified in paragraph (f) of this regulation which is contained 
in the package (for example, the statement on the label of 
a package which contains one pint of a drug shall be “1 
pint” and not 16 fluid ounces”1). Where such number is a 
whole number and a fraction, there may be substituted for 
the fraction its equivalent in smaller units, if any smaller 
is specified in such paragraph (f) (for example. 1M pounds 
may be expressed as ”1 pound 4 ounces”). The stated num- 
ber of any unit which is smaller than the largest unit (spe- 
cified in such paragraph (f) contained in the package shall 
not equal or exceed the number of such smaller units in 
the next larger unit so specified (for example, instead of 
“1 quart 16 fluid ounces” the statement shall be “iVz quarts” 
or ”1 quart 1 pint”). 
(2) In the case of a drug with respect to which there 
exists an established custom of stating the quantity of the 
contents as a fraction of a unit, which unit is larger than 
the quantity contained in the package, or as units smaller 
than the largest unit contained the statement may 
be made in accordance with such custom if it is informa- 
tive to consumers. 
(i) The statement of the quantity of a drug or device 
shall express the minimum quantity, or the average quantity 
of the contents of the packages. If the statement is not 
so qualified as to show definitely that the quantity, expressed 
is the minimum quantity, the statement, except in the case 
of ampuls, shall be considered to express the average quan- 
tity. The statement of the quantity of a drug in ampuls 
shall be considered to express the minimum quantity. 
(j) Where the statement expresses the minimum quantity 
no variation below the stated minimum shall be permitted 
variations below the stated weight or measure of a 
drug cause by ordinary and customary exposure, after such 
drug is introduced into commerce, to conditions which nor- 
mally occur in good distribution practice and which unavoidab- 
ly result in decreased weight or measure. Variations above 
the stated minimum shall not be unreasonably large. In the 
case of a liquid drug in ampuls the variation above the 
stated measure shall comply with the excess volume pre- 
scribed by any official compendium for filling of ampuls. 
(k) Where the statement does not express the minimum 
quantity— 
32 (1) variations from the stated weight or measure of a drug 
shall be permitted when caused by ordinary and customary 
exposure, after such drug is introduced into commerce, to con- 
ditions which normally occur in good distribution practice and 
which unavoidably result in change of weight or measure; 
(2) variations from the stated weight, measure, or nu- 
merical count of a drug or device shall be permitted when 
caused by unavoidable deviations in weighing, measuring, or 
counting the contents of individual packages which occur in 
good packing practices. 
But under subdivision (2) of this paragraph variations shall 
not be permitted to such extent that the average of the quan- 
tities in the pakages comprising a shipment or other delivery 
of the drug or device is below the quantity stated and no un- 
reasonable shortage in any package shaiil be permitted, even 
though overages in other packages in the same shipment or 
delivery compensate for such shortage. 
(1) The extent of variations from the stated quantity of the 
contents permissible under paragraphs (j) and (k) of this reg- 
ulation in the case of each shipment or other delivery shall bo 
determined by the facts in such case. 
(m) A drug or device shall be exempt from compliance with 
the requirements of clause (2) of Section 901 e (b) of the 
Act if— 
(1) the statement of the quantity of the contents, as ex- 
pressed in terms applicable to such drug or device under the 
provisions of paragraph (e) (2) of this regulation, together 
with all other words, statements, and information required by 
or under authority of the Act to appear on the label of such 
drug or device, cannot, because of insufficient label space, be 
so placed on the labels as to comply with the requirement* 
of Section 901 e (c) of the Act and regulations promulgated 
thereunder; or 
(2) the quantity of the contents of the package, as expres- 
sed in terms of numerical count in compliance with paragraph 
(e) (2) or (3) of this regulation, is less than six units and 
such units can be easily counted without opening the package. 
[Sec. 901e. A drug, or device shall be deemed to be mis- 
branded—] (c) if any information or other word or state- 
ment, required by or under authority of this act to appear 
on the label cr labeling, shall not be 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 under- 
stood by the ordinary individual under customary conditions 
of purchase and use; 
33 Regulation 16. (Refers to Sec. 901e, (c) of the Act.) 
(a) A word, statement, or other information required by or 
under authority of the Act to appear on the label may lack 
that prominence and conspicuousness required by Section 
901e (c) of the Act by reason (among other reasons) of— 
(1) the failure of such word, statement, or information 
to appear on the part or panel of the label which is presented 
or displayed under customary conditions of purchase; 
(2) the failure of such word, statement, or information to 
appear on two or more parts or panels of the label, each of 
which has sufficient space therefor, and each of which is 
so designed as to render it likely to be, under customary 
conditons of purchase, the part or panel displayed; 
(3) the failure of the label to extend over the area of the 
container or package available for such extension, so as to 
provide sufficient label space for the prominent placing of 
such word, statement, or information; 
(4) insufficiency of label space (for the prominent plac- 
ing of such word, statement, or information) resulting from 
the use of label space for any word, statement, design, or 
device which is not required by or under authority of the 
Act to appear on the label; 
(5) insufficiency of label space (for the prominent plac- 
of such word, statement, or information) resulting from 
the use of label space to give materially greater conspicu- 
ousness to any other word, statement, or information, or 
to any design or device; or 
(6) smallness or style of type in which such word,1 state- 
ment, or information appears, insufficient background con- 
trast, obscuring designs or vignettes, or crowding with other 
written, printed, or graphic matter. 
(b) No exemptions depending on insufficiency of label spact.v 
as prescribed in regulations promulgated under Section 901e 
(b) or (e) of the Act, shall apply if such insufficiency >s 
caused by— 
(1) the use of label space for any word, statement, de- 
sign, or device which is not required by or under authority 
of the Act to appear on the label; 
(2) the use of label space to give greater conspicuousness 
to any word, statement, or other information than is re- 
quired by Section 901e (c) of the Act; or 
(3) the use of label space for any representation in a 
foreign language. (c) (1) All words, statements, and other information 
required by or under authority of the Act to appear on the 
label or labeling shall appear thereon in the English language. 
(2) If the label contains any representation in a foreign 
language, all words, statements, and other information re- 
auired by or under authority of the Act to appear on the 
label shall appear thereon in the foreign language. 
(3) If the labeling contains any representation in a foreign 
language, all words, statements, and other information re- 
quired by or under authority of the Act to appear on the 
label or labeling shall appear on the labeling in the foreign 
language. 
[Sec. 90le. A drug or device shall be deemed to be 
misbranded—] (d) if it shall be for use by man and shall 
contain any quantity of the narcotic or hypnotic substance 
alpha-eucaine, betaeucaine, bromal, cannabis, carbromal, 
chloral, coca, cocaine, codeine, heroin, marihuana, morphine, 
opium, paraldehyde, peyote, or sulphonmethane; or any chem- 
ical derivative of any such substance, which derivative has 
been designated as habit forming by regulations promulgated 
under Section 502 (d) of the federal act; unless its 
label shall bear the name and quantity or proportion of such 
substance or derivative and in juxtaposition therewith the 
statement “Warning—May be habit forming;” 
Regulation 17. (Refers to Sec. 901e, (d) of the Act.) 
(This regulation does not apply to drugs dispensed on 
prescription, as provided in Section 902e of this Act.) 
(a) (1) The name of a substance or derivative required 
by or under authority of Section 901e (d) of the Act to be 
borne on the label of a drug shall be the common or usual 
name of such substance or derivative, unless it is designated 
solely by a name recognized in an official compendium and 
such designation complies with the provisions of Sec. 901e 
(c). 
(2) A statement on the label of a drug of the name of a 
constituent, which constituent is a chemical derivative of a 
substance named in Section 901e (d) of the Act, shall show 
the substance from which such constituent is derived and 
that such constituent is a derivative thereof. 
(b) (1) If the drug is in tablet, capsule, ampul, or other 
unit form, the statement of the quantity or proportion of 
such subtsance or derivative contained therein shall express 
the weight or measure of such substance or derivative in 
each such unit. If the drug is not in such unit form, the 
35 statement shall express the weight or measure of such sub- 
stance or derivative in a specified unit of weight or measure 
of the drug. Such statement shall be in terms which are 
informative to the ordinary consumer and user of the drug. 
(2) The statement of the percentage of such substance 
or derivative contained in a drug shall express the percent- 
age by weight; except that, if both the substance or deriva- 
tive and the drug are liquid, the statement may express the 
percentage by volume at 68° Fahrenheit (20° Centigrade), 
but in such case the statement shall be so qualified as to 
show definitely that the percentage is expressed by volume. 
. . (c) the names, and quantities or proportions of all such 
substances and derivatives, and the statement “Warning— 
May be habit forming,” shall immediately precede or im- 
mediately follow (without intervening written, printed, or 
graphic matter) the name by which such drug is titled in the 
part or panel of the label thereof which is presented or dis- 
played under customary conditions of purchase. 
(d) A drug shall not be considered to be misbranded by 
reason of failure of its label to bear the statement “War- 
ning—May be habit forming,” 
(1) if such drug is not suitable for internal use, and is 
distributed and sold exclusively for such external use as in- 
volves no possibility of habit formation; or 
(2) if the only substance or derivative subject to Sec. 
901 e (d) of the Act contained in such drug is chlorobutanol, 
which is present solely as a preservative and in a quantity 
not more than 0.5 per cent by weight, and such drug is for 
parental use only; or 
(3) if the only substance or derivative subject to Sec. 
90le (d) of the Act contained in such drug is chlorobutanol, 
which is present as an analgesic or as an analgesic and a 
preservative in a quantity not more than 3.0 per cent, and 
such drug contains one or more other active ingredients and 
and is for parenteral use only. 
[Sec. 90ie. A drug or device shall be deemed to be mis- 
branded—] (e) if it shall be a drug and shall not be desig- 
nated solely by a name recognized in an official compendium, 
unless its label shall bear (1) the common or usual name 
of the drug, if such there be; and (2) in case it shall be 
fabricated from two or more ingredients, the common or 
usual name of each active ingredient, including the kind 
and quantity, or proportion, of any alcohol, and also including, 
whether active or not, the name and quantity or proportion 
of any bromides, ether, chloroform, acetanilid, acetphenetidin, 
36 amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, 
arsenic, digitalis, digitalis glucosides, mercury, ouabain, 
strophanthin, strychnine, thyroid, or any derivative or prep- 
aration of qny such substance, contained therein; provided 
to the extent that compliance with the requirements of 
subdivision (2) of this subsection shall be impracticable, 
exemptions shall be established by regulations promulgated 
by the commissioner and director, acting jointly; 
Regulation 18. (Refers to Sec. 901e (e) of the Act.') 
(This regulation does not apply to drugs dispensed on 
prescription, as provided in Section 902e of this Act.) 
(a) (1') The name of an ingredient, substance, derivative, 
or preparation required by Section 901e (2) (e)' of the Act to 
be borne on the label of a drug shall be the name thereof 
which is listed in such Section 901e (e) (2) of the Act, or, 
if not so listed, shall be a specific name and not a collective 
name. But if. an ingredient Is an article the name of which 
Is recognized in an official compendium and such article com- 
pendium and such ar|icle complies with the specifications 
set forth therefor in such compendium, such ingredient may 
be designated on the label of such drug by the common or 
usual name under which such specifications are so set forth. 
(2) Where an ingredient contains a substance the quanti- 
ly or proportion of which is required by Section 901e (e) 
(2) of the Act to appear on the label, and such ingredient 
is not a derivative or preparation of such substance as de- 
fined in paragraph (b) (1) of this regulation, the label 
shall bear, in conjunction with the name of the ingredient, 
a statement of the quantity or proportion or such substance 
in such drug. 
(3) An abbreviation or chemical formula shall not be con- 
sidered to be a common or usual name. The name “aceto- 
phenetidin” shall be considered to be the same as the name 
“acetphenetidin”, “aminopyrine” the same as amidopyrine.” 
The name “alcohol”, without qualification, means ethyl al- 
cohol. 
(b) (1) A derivative or preparation of a substance named 
in Section 901e (e*) (2) of the Act is an article which Is 
derived or prepared from such substance by any method, 
including actual or theoretical chemical action. 
(2) A statement on the label of a drug of the name of an 
ingredient thereof, which ingredient is a derivative or prep- 
aration of a substance named in Section 901e (e) (2) of 
the Act, shall show the substance from which such ingre- 
37 dient is derived or prepared and that such ingredient is a 
derivative or preparation thereof. 
(c) (1) If the drug is in tablet, capsule, ampul, or other 
unit form, the statement of the quantity or proportion of 
a substance, derivative, or preparation contained therein shall 
express the weight or measure of such substance, derivative 
or preparation in each such unit. If the drug is not in such 
unit form the statement shall express the weight or measure 
of such substance, derivative, or preparation in a specified 
unit of weight or measure of the drug, or Ihe percentage of 
such substance, derivative, or preparation in such drug. 
Such statement shall be in terms which are informative 
to the ordinary consumer and user of the drug. 
(2) A statement of the percentage of alcohol shall express 
the percentage of absolute alcohol by volume at 60° Fahren- 
heit ((15.56° A statement of the percentage of 
a substance, derivative, or preparation other than alcohol 
shall express the percentage by weight; except that, if both 
the substances, derivative, or preparation and the drug con- 
taining it are liquid, the statement may express the percent- 
age by volume at 68° Fahrenheit (20° Centigrade), but in 
such case the statement shall be so qualified as to show def- 
initely that the percentage is expressed by volume. 
(d) In case a statement of the quantity or proportion of a 
derivative or preparation in a drug is not as informative, to 
consumers or users of such drug, of the activity or conse- 
quences of use thereof as a statement of the quantity or pro- 
portion of the substance from which such derivative or 
preparation is derived or prepared, the quantity or propor- 
tion of such substance shall also be stated on the label of 
drug. 
(e) A label of a drug may be misleading by reason (among 
other reasons) of— 
(1) the order in which the names of ingradients, substances, 
derivatives, or preparations appear thereon, or the relative 
prominence otherwise given such names; or 
(2) its failure to reveal the proportion of, or other fact 
with respect to, an ingredient, substance, derivative, or prep- 
aration, when such proportion or other fact is material in 
the light of the representation that such ingredient, substance, 
derivative, or preparation is a constituent of such drug. 
(f) (1) A drug shall be exempt from the requirements of 
clause (2) of Section 901el (e) of the Act if all words, state- 
ments, and other information required by or under authority 
of the Act to appear on the label of such drug, cannot because 
38 of insufficient label space, be so placed on the label as to com- 
ply with the requirements of Section 901e (e) of the Act and 
regulations promulgated thereunder. But such exemptions 
shall be on the condition that, if the omission from the label 
of the statement of the quantity of the contents affords 
sufficient space to state legibly thereon all the information 
required by such clause (2), such statement of the quantity 
of the contents shall be omitted as authorized by regulation 
15 (m) (1) of the Act, and the information required by such 
clause (2) shall be so stated as prominently as practicable 
even though the statement is not of such conspicuousness 
as to render it likely to be read by the ordinary individual 
under customary conditions of purchase. 
(2) A drug shall be exempt from the requirements of 
clause (20 of Section 901e (e) of the Act with respect to the 
alkaloids atropine, hyoscine, or hyoscyamine contained in 
such drug, if such alkaloid is contained therein as a consti- 
tuent of belladonna, hyoscyamus, scopola, stramonium, or 
other plant material, or any preparation thereof, which was 
used as an ingredient of such drug, and no practical and ac- 
curate method of analysis exists for the quantitative deter- 
mination of each such alkaloid in such ingredient. But such 
exemption shall be on the condition that the label of such 
drug shall state the quantity or proportion of total alkaloids 
contained therein as constituents of such ingredient. 
[Sec 901e. A drug or device shall be deemed to be mis- 
branded—] (f) unless its labeling shall bear (1) adequate 
directions for use and (2) such adequate warnings against 
use in those pathological conditions or by children where its 
use may be dangerous to health, or against unsafe dosage or 
methods or duration of administration or application, in such 
manner and form, as shall be necessary for the protection 
of users; provided, when any requirement of subdivision (1) 
of this subsection, as applied to any drug or device, shall 
not be necessary fcr the protection of the public health, the 
commissioner and director, acting jointly, shall promulgate 
regulations exempting such drug or device from such require- 
ment. 
Regulation 19. (Refers to Sec, 901e (f) of the Act.) (a) 
Directions for use may be inadequate by reason ( among other 
reasons) of omission, in whole or in part, or incorrect specifi- 
tion of— 
(1) Directions for use in all conditions for which such drug 
or device is prescribed, recommended, or suggested in its 
labeling, or in its advertising disseminated or sponsored by or 
on behalf of its manufacturer or packer, or in such other 
39 conditions, if any there be, for which such drug or device is 
commonly and effectively used; 
(2) quantity of dose (including quantities for persons of 
different ages and different physical conditions); 
(3) frequency of administration or application; 
(4) duration of administration or application; 
(S') time of administration or application (in relation to time 
of meals, time of onset of symptoms, or other time factor); 
(6) route or method of administration or application; or 
(7) preparation for use (shaking, dilution, adjustment of 
temperature, or other manipulation or process). 
(h) A shipment or other delivery of a drug or device shall 
be exempt from compliance with the requirements of clause 
(1) of Section 901e (f) of the Act in the following cases— 
(1) A drug or device which because of its toxicity or, 
because of the degree of skill required in its administration 
cannot be used with safety except by or under the supervision 
of a physician, (dentist or veterinarian); provided, the label of 
such drug or device bears the statement “Caution — to be 
dispensed only by or on the prescription of a physician”, (den- 
tist or veterinarian as the case may be). 
(2) Official drugs which are dispensed only after compound- 
ing with other substances in filling prescriptions of physi- 
cians, (dentists or veterinarians). 
(3) inactive ingredients of drugs such as solvents, color- 
ings and flavorings 
(4) Drugs and devices shipped to physicians, (dentists or 
veterinarians, hospitals or clinics), for use in professional 
practice and under professional supervision. 
(5) A drug or device intended solely for use in the manu- 
facture of other drugs and devices; provided the label of such 
drug or device bears the statement “for manufacturing purposes 
only”. The term “manufacture” does not incude compound- 
ing of a prescription issued by a physician, (dentist or vet-* 
erinarian), in his professional practice. 
(6) Common household preparations, adequate directions 
for the use of which are known by the ordinary* individual. 
[Sec. 90le. A drug or device shall be deemed toi be mis- 
branded—] (g) if it shall purport to be a drug the name of 
which is recognized in an official compendium, unless i’t shall 
be packaged and labeled as prescribed therein; provided the 
method of packing may be modified with the consent of 
the commissioner and director, acting jointly and provided, 
whenever a drug shall be recognized in both the 
40 United States pharmacopoeia and the homoeopathic phar- 
macopoeia of the United States, it shall be subject to tha 
requirements of the United States pharmacopoeia with re- 
spect to packaging and labeling unless it shall be labeled and 
offered for sale as a homoeopathic drug, in which case it 
shall be subject to the provisions of the homoeopathic phar- 
macopoeia of the United States, and not to those of the United 
States pharmacopoeia; (h) if it has been found by the com- 
missioner to be a drug liable to deterioration, unless it shall 
be packaged in such form and manner, and its label shall 
bear a statement of such precautions, as the commissioner 
and director, acting jointly, shall by regulations, require as 
necessary for the protection of public health; provided no 
such regulation shall be established for any drug recognized 
in an official compendium until the commissioner shall have 
informed the appropriate body charged with the revision of 
such compendium of the need for such packaging or labeling 
requirements and such body shall have failed within a rea- 
sonable time tq prescribed such requirements; (i) if it shall 
be a drug and its container shall be so made, formed or filled 
as to be misleading or (2) if it shall be an imitation of 
another drug or (3) if it shall be offered for sale under the 
name of another drug; (j) if it shall be dangerous to health 
when used in the dosage, or with the frequency or duration, 
prescribed, recommended or suggested in the labeling there- 
of; (k) if it shall be a drug sold at retail for use by man 
and shall contain any quantity of amidopyrine, barbituric 
acid, cinchophen, dinitrophenol, sulfanilamide or thyroid; or 
any derivative of any of these substances, unless it shall 
be sold on a written prescription signed by a member of the 
medical, dental or veterinary profession who is licensed by law 
to administer such drug, and its label shall bear the name and 
place of business of the seller, the serial number and date of 
such member of the medical, dental or veterinary profession. 
No such prescription shall be refilled except upon written or 
oral order of the physician. 
Sec. 902e. Prescription*. (a) A druig dispensed on a 
written prescription signed by a physician, dentist or veterin- 
arian, except a drug dispensed in the course of the conduct 
of a business of dispensing drugs pursuant to diagnosis by mail, 
shall: If (1) such physician, dentist or veterinarian shall 
be licensed by law to administer such drug and (2) such 
drug shall bear £ label containing the name and place of 
business of the dispenser, the serial number and date of such 
prescription and the name of such physician, dentist or vet- 
erinarian, be exempt from the requirements of section 901e, 
as amended by sections 603h and 7lOi, except that no prescrip- 
41 tion for amidopyrine, barbituric acid, cinchophen, dinitro- 
phenol sulfanla,mide or thyroid, or any derivative of any of 
these substances shall be refilled except upon the order of 
the physician. 
Sec. S03e. New Drugs, (a) No person shall sell, deliver, 
offer for sale, hold for sale or give away any new drug unless 
(1) an application with respect thereto has become effective 
under section 505 of the federal act, or (2), when not sub- 
ject to the federal act unless such drug has been tested 
and has not been found to be unsafe for use under the con- 
ditions prescribed, recommended or suggested in the labeling 
thereof, and prior to selling or offering for sale such drug, 
there has been filed with the commissioner an application 
setting forth (a) full reports of investigations which have 
been made to show whether or not such drug is safe for 
use; (b) a full list of the articles used as components of 
such drug; (c) a full statement of the composition of such 
drug; (d) a full description of the methods used in, and the 
facilities and controls used for, the manufacture, processing 
and packing of such drug; (e) such samples of such drug 
and of the articles used as components hereof as the com- 
missioner may require; and (f) specimens of the labeling 
proposed to be used for such drug. 
Regulation 20. (Refers to Sec, 903e, (a) (2) cf the Act) 
An application which is on its face incomplete in that it 
does not contain all the matter required by clauses (a), 
(b), (c), (d), and (f) of section 903e (a) (2) of the Act 
shall not be accepted for filing. The date on which an ap- 
plication is received by the Food and Drug Conmmission 
shall be considered ,to be the date on which such application 
is filed, and the Commissioner shall notify the applicant of 
such date. If the applicant withdraws his application, such 
application shall be considered as not having been filed. 
(Sec, 903e. (b) An application provided for in subdivision 
i2) of subsection (a) shall become effective on the sixtieth 
'day after the filing thereof, except that, if the commissioner 
shall find, after due notice to the applicant and giving him 
an opportunity for a hearing, that the drug is not safe for 
use under the conditions prescribed, recommended or sug- 
gested in the proposed labeling thereof, he shall, prior to 
the effective date of the application, issue an order refusing 
to permit the application to become effective. 
(c) This section shall not apply: (1) To a drug intended 
solely for investigational use by experts qualified by scien- 
tific training and experience to investigate the safety in 
drugs., provided the drug shall be plainly labeled “For in- 
42 vestigational use only”; or (2) to a drug sold in this state 
at any time prior to the enactment of this act or introduced 
into interstate commerce at any time prior to the enactment 
of the federal act; or (3) to any drug: which is licensed under 
the virus, serum and toxin act of July 1, 1902, (U. S. C. 
1934 ed. title 42, Chap. 4). (d) An order refusing to permit 
an application under this section to become effective may 
be revoked by the commissioner. 
Sec. 904e. Adulterated cosmetics. A cosmetic shall be 
deemed to be adulterated: (a) If it shall bear or contain any 
poisonous or deleterious substance which may render it in- 
jurious to users under the conditions of use prescribed in the 
labeling thereof, or under such conditions of use as are 
customary or usual; provided; this provision shall not apply 
to coal-tar hair dye, the label of which bears the following 
legend conspicuously dispayed thereon: “Caution—This pro- 
duct contains ingredients which may cause skin irritation 
on certain individuals and a preliminary test according to 
accompanying directions should first be made. This pro- 
duct must not be used for dyeing the eyelashes or eyebrows; 
to do so may cause blindness.”, and the labeling of which 
shall bear adequate directions for such preliminary testing, 
and provided, for the purposes of this subsection and subsection 
(e), the term “hair-dye” shall not include eyelash dyes or 
eyebrow dyes; 
Regulation 21. (Refers to Sec. 904©, (a) of the Act.) The 
term “coal-tar hair dye” includes all articles containing any 
coal-tar color or intermediate, which color or intermediate 
alters the color of the hair when such articles are applied, 
to the hair under the conditions of use prescribed in the la- 
beling thereof, or under such conditions of use as are cus- 
tomary or usual. 
[Sec. 904e. A cosmetic shall be deemed to be adulter- 
rated—] (b) if it shall consist in whole or in part of any 
filthy, putrid, or decomposed substance; (c) if it has been 
produced, prepared, packed or held under insanitary con- 
ditions whereby it may have become contaminated with filth 
or whereby it may have been rendered injurious to health; 
(d) if its container shall be composed, in whole or in part, of 
any poisonous or deleterious substance which may render the 
contents injurious to health, or (e) if it shall not be a hair- 
dy© and it shall bear or contain a coal-tar color other than one 
that is harmless and suitable for use in cosmetics, as pro- 
vided by regulations promulgated under section 604 of the 
federal act. 
Sec. 905e, Misbranded cosmetics. A cosmetic shall be 
43 deemed to be misbranded; (a) If its labeling shall be falsie 
or misleading in any particular. 
Regulation 22. (Refers to Sec. 905e, (a) of the Act.) 
(a) Among representations in the labeling of a cosmetic which 
render such cosmetic misbranded is a false or misleading 
representation with respect to another cosmetic or a food, 
drug, or device. 
(b) The labeling of a cosmetic which contains two or 
more ingredients may be misleading by reason (among other 
reasons) of the designation of such cosmetic in such label- 
ing by a name which includes or suggests the name of one 
or more but not all such ingredients, even though the names 
of all such ingredients are stated elsewhere in the labeling. 
[Sec. 905e. A cosmetic shall be deemed to be misbranded 
—] (b) if in' package form, unless is shall bear a label con- 
taining (1) the name and place of business of the manufac- 
turer, packer or distributor and (2) an accurate statement 
of the quantity of the contents in terms of weight, measure 
or numerical count; provided under subdivision (2) of this 
subsection reasonable variations shall be permitted, and ex- 
emptions as to small packages shall be established by regu- 
lations prescribed by the commissioner and director, acting 
jointly; 
Regulation 23. (Refers to Sec. 905e, (b) of the Act.) 
(a) If a cosmetic is not manufactured by the person whose 
name appears on the label, the name shall be qualified by a 
phrase which reveals the connection such person, has with 
such cosmetic, such as, “Manufactured for and Packed by 
”, “Distributed by ”, or other similar 
phrase which expresses the facts. 
(b) The statement of the place of business shall include 
the street address, if any, of such place, unless such street 
address is shown in a current city directory or telephone 
directory. 
(c) Where a person manufactures, packs, or distributes 
a cosmetic at a place other than his principal place of business, 
the label may state the principal place of business in lieu of 
the actual place where each package of such cosmetic was 
manufactured or packed or is to be distributed, if such state- 
ment is not misleading in any particular. 
(d) The requirement that the label shall contain the name 
and place of business of the manufacturer, packer, or dis- 
tributor shall nf)t be considered to relievle any cosmetici 
from the requirement that its label shall not be misleading 
in any particular. 
44 (e) (1) The statement of the quantity of the contents 
shall reveal the quantity of cosmetic in the package, exclu- 
sive of wrappers and other material packed with such cos- 
metic. 
(2) The statement shall be expressed in the terms of weight, 
measure, numerical count, or a combination of numerical count 
and weight or measure, which are generally used by the 
consumers to express quantity of such cosmetic and which 
give accurate information as to the quantity thereof. But 
if no general consumer usage in expressing accurate infor- 
mation as to the quantity of such cosmetic exists, the state- 
ment shall be in terms of liquid measure if the cosmetic 
is liquid, or in terms of weight if the cosmetic is solid, semi- 
solid, or viscous, or in such terms of numerical count, or 
numerical count and weight or measure, as will give accurate 
information as to the quantity of the cosmetic in the pack- 
age. 
(f) (1) A statement of weight shall be in terms of the 
avoirdupois pound and ounce. A statement of liquid measure 
shall be in terms of the United States gallon of 231 cubic 
inches and quart, pint, and fluid ounce subdivisions thereof, 
and shall express the volume at 68° Fahrenheit (20° Cen- 
tigrade). However, in the case of an export shipment, the 
statement may be in terms of a system of weight or measure 
in common use in the country to which shipment is exported. 
(2) A statement of weight or measure in the terms speci- 
fied in subdivision (1) of this paragraph may be supplemented 
by a statement in terms of the metric system of weight or 
measure. 
(3) Unless an unqualified statemept of numerical count 
gives accurate information as to the quantity of cosmetic 
in the package, it shall be supplemented by such statement 
of weight, measure or size of the individual units of the 
cosmetic as will give such information. 
(g) Statements shall contain only such fractions as are 
generally used in expressing the quantity of the cosmetic. 
A common fraction shall be reduced to its lowest terms; a 
decimal fraction shall not be carried out to more than two 
places. 
(h) (1) If the quantity of cosmetic in the package equals 
or exceeds the smallest unit of weight or measure which is 
specified in paragraph (f) of this regulation, and which is 
applicable to such cosmetic under the provisions or paragraph 
(e) (2) of this regulation, the statement shall express the 
number of the largest of such units contained in the package 
(for example, the statement on the label of }a |packag(e 
45 which contains one pint of cosmetic shall be ”1 pint” and 
not “16 fluid ounces”'), unless the statement is made in ac- 
cordance with the provisions of subdivision (2) of this para- 
graph. Where such number is a whole number and a frac- 
tion, there may be substituted for the fraction its equivalent 
in smaller units, if any smaller is specified in such paragraph 
(f) (for examples, 1% quarts may be expressed as “1 quart 
IV2 pints” or “1 quart 1 pint 8 fluid ounces”; 1*4 pounds 
may be expressed as “1 pound 4 ounces”). The stated num- 
ber of any unit which is smaller than the largest unit (spe- 
cified in such paragraph (f)) contained in the package shall 
not equal or exceed in number of such smaller units in the 
next larger unit so specified (for example, instead of “1 quart 
16 fluid ounces” the statement shall be “1V2 quarts” (or 
“1 quart 1 pint”; instead of 24 ounces” the statement shall 
be “IV2 pounds” or “1 pound 8 ounces”). 
(2) In the case of a cosmetic with respect to which there 
exists an established custom of stating the quantity of the 
contents as a fraction of a unit, which unit is larger than 
the quantity contained in the package, or as units smaller 
than the largest unit contained therein, the statement may 
be made in accordance with such custom if it is informative 
to consumers. 
(i) The statement shall express the minimum quantity, or 
the average quantity, of the contents of the packages. If the 
statement is not so qualified as to show definitely that the 
quantity expressed is the minimum quantity, the statement 
shall be considered to express the average quantity. 
(j) Where the statement expressed the minimum quan- 
tity, no variation below the stated minimum shall be per- 
mitted except variations below the stated weight or measure 
caused by ordinary and customary exposure, after the cos- 
metic is introduced into interstate commerce, to conditions 
which normally occur in good distribution practice and which 
unavoidably result in decreased weight or measure. Varia- 
tions above the stated minimum shall not be unreasonably 
large. 
Where the statement does not express the minimum 
quantity— 
(1) Variations from the stated weight or measure shall 
be permitted when caused by ordinary and customary ex- 
posure, after the cosmetic is introduced into interstate com- 
merce, to conditions which normally occur in good distribu- 
tion practice and which unavoidably result in change of 
weight or measure; 
46 (2) variations from the stated weight, measure, or nu- 
merical count shall be permitted when caused by unavoid- 
able deviations in weighing, measuring, or counting individ- 
ual packages which occur in good packing practice. But 
under subdivision (2) of this paragraph variations shall 
not be permitted to such extent that the average of the quan- 
tities in the package comprising a shipment or other delivery 
of the cosmetic is below the quantity stated, and no un- 
reasonable shortage in any package shall be permitted, even 
though overages in other packages in the same shipment or 
delivery compensate for such shortage. 
. . (!) The extent of variations from the stated quantity of 
the contents permissible under paragraphs (j) and (k) 
of this regulation in the case of each shipment or other de- 
livery shall be determined by the facts in such case 
(m) A cosmetic shall be exempt from compliance with the 
requirements of clause (2) of section 905e (b) of the Act 
if the quantity of the contents of the package, as expressed 
in terms applicable to such cosmetic under the provisions of 
paragraph (e) (2) of tlys regulation, is less than one-fourth 
ounce avoirdupois, or less than one-eighth fluid ounce, Qf 
(in case the units of the cosmetic can be easily counted 
without opening the package) less than six units. 
[Sec. 905e. A cosmetic shall be deemed to be misbrand- 
ed—] (c) if any information or other word or statement, 
required by or unlder authority of this act to appear on the 
label or labeling, shall not be 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. 
Regulation 24... (Refers to Sec. 905e (c) of the Act.) 
(a) A word, statement, or other information required by or 
under authority of the Act to appear on the label majy lack 
that prominence and conspicuousness required by section 
905e (c') of the act by reason (among other reasons) of—< 
(1) the failure of such word, statement, or information 
to appear on the part or panel of the label which is presented 
or displayed under customary conditions of purchase; 
(2) the failure of such word, statement, or information 
to appear on two or more parts or panels of the label, each 
of which has sufficient space therefor, and each of which is 
so designed as to render it likely to be, under customary 
conditions of purchase, the part or panel displayed; 
47 (3) the failure of the label to extend over the area of the 
container or package available for such extension so as to 
provide sufficient label space for the prominent placing of 
such word, statement, or information; 
(4) insufficiency of label space (for the prominent placing 
of such word, statement, or information) resulting from the 
use of label space for any word, statement, design, or device 
which is not required by or under authority of the Act to 
appear on the label; 
(5) insufficiency of label space (for the prominent placing 
of such word, statement, or information) resulting from the 
use of label space to give materially greater conspicuousness 
to any other word, statement, or information, or to any de- 
sign or any device; or 
(6) smallness or style of type in which such word, statement, 
or information appears, insufficient background contrast, ob- 
scuring designs or vignettes, or crowding with other written, 
printed, or graphic matter. 
(b) (1) All words, statements, and other information re- 
quired by or under authority of the Act to appear on the 
label or labeling shall appear thereon in the English language. 
(2) If the label contains any representation in a foreign 
language, all words, statements, and other information re- 
quired by or under authority of the act to appear on the label 
shall appear thereon in the foreign language. 
(3) If the labeling contains any representation in a foreign 
language, all words, statements, and other information re- 
quired by or under authority of the Act to appear on the 
label or labeling shall appear on the labeling in the foreign 
language. 
[Sec. 905e. A cosmetic shall be deemed to be misbrand- 
ed—] (d) if its container shall be so made, formed or filled 
as to be misleading. 
Sec. 906e False advertisements. An advertisement of 
a food, drug, device or cosmetic shall be deemed to be false, 
if it shall be false or misleading in any particular. 
Sec. 907e False advertisements. The advertisement of 
a drug or device representing it to have any effect in al- 
buminuria, appendicitis, arteriosclerosis, blood poison, bone 
disease, Bright’s disease, cancer, carbuncles, cholecystitis, 
diabetes, diphtheria, dropsy, erysipelas gallstones, heart and 
vascular diseases, high blood pressure, mastoiditis, measles, 
meningitis, mumps, nephritis, otitis media, paralysis, pneumo- 
nia, poliomyelitis (infantile paralysis), prostate gland dis- 
orders, pyelitis, scarlet fever, sexual impotence, sinus in- 
48 faction, smallpox, tuberculosis, tumors, typhoid, uremia or 
venereal disease, shall also be deemed to be false; except 
that no advertisement not in violation of section 906e 
shall be deemed to be false under this section if it shall be 
disseminated only to members of the medical, dental or vet- 
erinary profession, or shall appear only in the scientific per- 
iodicals of these professions, or is disseminated only for the 
purpose of public-health education by persons not commer- 
cially interested, directly or indirectly, in the sale of such 
drugs or devices; provided, whenever the commissioner and 
director, acting jointly, shall agree that an advance in med- 
ical science has made any type of self-medication safe as to 
any of the diseases named above, the commissioner and di- 
rector, acting jointly, shall, by regulation, authorize the ad- 
vertisement of drugs having curative or therapeutic effect 
for such disease, subject to such conditions and restriction 
as the commissioner and director, acting jointly, may deem 
necessary in the interests of public health; and provided this, 
section shall not be construed as indicating that self-medi- 
cation for diseases other than those named herein is safe 
or efficacious. 
Sec. 908e, Regulations and public hearings. (a) The 
authority to promulgate regulations for the efficient enforce- 
ment of this act is vested in the commissioner and director 
acting jointly, (b) The purpose of this act being to promote 
uniformity of state legislation with the federal act, the com- 
missioner and director, acting jointly, are authorized (1) 
to adopt, so far as applicable, the regulations from time to 
time promulgated under the federal act and (2) to make 
the regulations promulgated under this act conform, so far 
as practicable, with those promulgated under the federal act. 
(c) Hearings authorized or required by this act shall be 
conducted by the commissioner and director, acting jointly, 
or their authorized representative designated for the purpose. 
(d) The commissioner and director, acting jointly, shall hold 
a public hearing upon a proposal to promulgate any new or 
amended regulation under this act, which requires or prohi- 
bits any practice in intrastate commerce; except in the case 
of a proposal to adopt an applicable regulation promulgated 
under the federal act. The commissioner shall give appro- 
priate notice of such hearing. The notice shall state the 
time and place of the hearing to be held not fewer than ten 
days after the date of such notice, except in the case of 
an emergency found by the commissioner. No regulation 
promulgated under this act, by order issued after such hear- 
ing, shall take effect prior to the thirtieth day after the date 
49 of such order, except in the case of an emergency found by 
the commissioner. 
Sec. 909e. Sampling and examination of samples. (a) 
The commissioner shall cause the investigation and examina- 
tion of food, drugs, devices and cosmetics subject to this 
act. The commissioner or his authorized representative shall 
have the right (1) to take a sample or specimen of any 
such article, for examination under this act, upon tendering the 
market price therefor to the person having such article in 
custody and (2) to enter any place or establishment with- 
in this state, at reasonable times, for the purpose of taking 
a sample or specimen of such article, for such examination. 
(3) Samples or specimens taken under the provisions of sub- 
section (a) of this section shall be submitted to the agricul- 
tural experiment station or to the bureau of laboratories of 
the state department of health for examination, (b) When 
a sample or specimen of any such article shall be taken 
for examination under this act, the commissioner shall, upon 
request provide a part thereof for examination by any per- 
son named on the label of such article or the owner thereof, 
or his attorney or agent; except that the commissioner shall 
be authorized, by regulations, to make reasonable exceptions 
from, and to impose such reasonable terms and conditions 
relating to, the operation of this subsection as he shall find 
necessary for the proper administration of the provisions 
of this act. 
Regulation 25. (Refers to Sec. 909e, (a) and (b)) (a) 
For the purpose of this Act the term “examination” as ap- 
plied to samples collected, includes analyses or tests or other 
examinations. 
(b) When an officer or employee of the Food and Drug* 
Commission collects a sample of a food, drug or cosmetic 
for examination under the Act, he shall collect at least twice 
the quantity estimated by him to be sufficient for examina- 
tion, unless— 
(1) the amount of the article available and reasonably 
accessible for sampling is less than twice the quantity so es- 
timated; 
(2) the cost of twice the quantity so estimated excee<ls 
$5.00; 
(3) the article is perishable; 
(4) the examination consists principally of rapid analy- 
tical procedures, organoleptic examination, or other field in- 
spection examinations or tests, made at the place where the 
sample is collected or in a mobile or temporary laboratory. (c) The Connecticut Agricultural Experiment Station or 
the Bureau of .Laboratories of the State Department of 
Health are authorized to destroy— 
(1) any sample when they determine that no examination 
of such sample will he made; 
(2) any sample or part thereof when the Commissioner 
determines that no notice under Section 892e (b) of the 
Act, and no case under the Act, is or will be based on such 
sample; 
(3) any sample or part thereof when the sample was the 
basis of a notice under Section 892e (b) of the Act,' and 
when, after opportunity for presentation of views following 
such notice, the Commissioner determines that no other such 
notice, and no case under the Act, is or will be based on, 
such sample; 
(4) any sample or part therepf when the sample was the 
basis of a case under the Act which has gone to final judig-* 
ment, and when the Commissioner determines that no other 
such case is or will be based on such sample; 
(S') any sample or part thereof if the article i* perishable; 
(6) any sample or part thereof when, after collection, 
such sample or part has become decomposed or otherwise 
unfit for examination. 
[Sec. 909e.] (c) For the purpose of enforcing: provisions 
of this act, pertinent records of any administrative agency 
of the state government shall be open to inspection by the 
commissioner or his authorized representative. 
Sec. 910e. Records of intrastate shipment. For the pur- 
pose of enforcing the provisions of this act, carriers engaged 
in intrastate commerce, and persons receiving food, drugs, 
devices or cosmetics in intrastate commerce or holding such 
articles so received, shall, upon the request of an author- 
ized representative of the commissioner, permit such repre- 
sentative, at reasonable times, to have access to and to copy 
all records showing the movement in intrpstate commerce of 
any food, drug, device or cosmetic, or the holding thereof 
during or after such movement, and the quantity, shipper 
and consignee thereof; and no such carrier or person shall 
fail to permit such access to, and the copying of, any such 
records so requested when such request shall be accompanied 
by a statement in writing specifying the nature or kind of 
food, drug, device or cosmetic to which such request relates; 
provided evidence obtained under this section shall not be 
used in a criminal prosecution of the person from whom 
51 obtained and provided carriers shall not be subject to the 
other provisions of this act by reason of their receipt, car- 
riage, holding or delivery of food, drugs, devices or cosme- 
tics in the usual course of business as carriers. 
Sec 91 le. Inspections. For the purpose of enforcing the 
provisions of this act, the commissioner, or his authorized 
representative, is authorized (1) to enter, at reasonable times, 
any factory, warehouse or establishment subject to this act, 
or to enter any vehicle being used to transport or hold food, 
drugs, devices or cosmetics in intrastate commerce and (2) 
to inspect, at reasonable times, such factory, warehouse, 
establishment or vehicle and all pertinent equipment, finished 
and unfinished materials, containers, labeling and advertise- 
ments therein, 
Sec. 912e. Publicity, (a) The commissioner may cause 
to be published, from time to time, reports summarizing 
all judgments, decrees and court orders which have been 
rendered under this act, including the nature of the charge 
and the disposition thereof, (b) The commissioner may also 
cause to be disseminated such information regarding food, 
drugs, devices or cosmetics as the commissioner shall deem 
necessary in the interest of public health and the protection 
of the consumer against fraud. Nothing in this section shall 
be construed to prohibit the commissioner and director from 
collecting, reporting and illustrating the results of their ex- 
aminations and investigations under this act. 
Sec. 913e. Separability clause. If any provision of this 
act shall be declared unconstitutional, or the applicability 
thereof to any person or circumstances shall be held invalid, 
the constitutionality of the remainder of the act and the 
applicability thereof to other persons and circumstances shall 
not be affected thereby. 
Sec. 914. Interpretation. This act and the regulations pro- 
mulgated hereunder shall be so interpreted and construed 
as to effectuate its general purpose to enact state legislation 
uniform with the federal act. 
Sec. 915e. Effective date. This act shall take effect July 
1, 1940, or upon the effective date of the federal act herein 
referred to, if such date shall precede July 1, 1940. 
Sec. 916e. Repeal. Sections 2432, 2435, 2436, 2437, 2438, 
2439, 2440, 2441, 2442 and 2443 of the general statutes are 
repealed. FROZEN DESSERTS 
CHAPTER 135 
Section 2489. (As amended by Sec. 959c, and Public Act 
412t of the 1947 session of the General Assembly.) 
A. Definitions. 
(1) When used in this act, “commissioner,” unless other- 
wise specified, shall mean the Food and Drug Commissioner. 
(2) “Frozen dessert plant” shall mean any place, prem- 
ises or establishment and any part thereof where frozen 
desserts as defined in this act are assembled, processed, manu- 
factured or converted into form for distribution or sale, 
and rooms or premises where frozen desserts manufacturing 
equipment is washed, sterilized cr kept. 
(3) “Wholesale manufacturer” shall mean a person 
who manufactures frozen desserts any of which is sold to 
another for resale. 
(4) “Retail manufacturer” shall mean any manufacturer 
of frozen desserts who is not defined as a wholesale manu- 
facturer. 
(5) “Frozen desserts” shall mean ice cream, French ice 
cream, frozen custard, ice milk, milk sherbet, ice or ice sher- 
bet and imitation ice cream as defined in this act. 
(6) “Milk products” shall mean pure, clean and whole- 
some cream, pure milk fat, butter, milk, evaporated milk, 
skimmed milk, condensed milk, sweetened condensed milk, con- 
densed skimmed milk, sweetened condensed skimmed milk, 
dried milk or dried skimmed milk. 
(7) “Ice cream” shall mean the pure, clean frozen pro- 
duct made from a combination of two or more of the fol- 
lowing ingredients: M'ilk products, eggs, water and sugar with 
or without harmless flavoring and with or without harmless 
coloring, and with or without added stabilizer composed of 
wholesome and edible material. It shall contain not more 
than one-half of one per cent by weight of stabilizer, not 
than ten per cent by weight of milk fat, and not less than 
eighteen per cent by weight of total milk solids; except; 
when fruit, nuts, cocoa or chocolate, syrup, cakes or confec- 
tions shall be used for the purpose of flavoring, then it shall 
contain not less than ten per cent by weight of milk fat 
and not less than eighteen per cent by weight of total milk 
solids, except for such reduction in milk fat and in total 
milk solids as is due to the addition of such flavoring, but 
in no such case shall it contain less than eight per cent by 
53 weight of milk fat or less than fourteen per cent by weight 
of total milk solids. In no case shall any ice cream contain 
less than one and six-tenths pounds of total food solids 
per gallon. 
(8) “Frozen dessert mix” shall mean any unfrozen mix- 
ture to be used in the manufacture of frozen desserts for 
sale or resale containing in whole or in part the ingredients 
enumerated under the definitions of ice cream, frozen custard, 
milk sherbet, ice or ice sherbet land frozen confections. 
The words “frozen desserts” shall include frozen dessert 
mix as herein defined. Frozen dessert mix shall contain 
not more than an average bacterial count of fifty thousand 
standard plate colonies per milliliter. Frozen dessert mix 
shall be pasteurized except when it contains only water, sugar 
and stabilizer with or without color and flavoring. Frozen 
dessert mix shall be labeled with the name and address of 
of the manufacturer, the name of the product, the date of 
pasteurization, the percentage of butter fat and the per- 
centage of total food solids. 
(9) The term “French ice cream” or “frozen custard” 
shall be applied only to ice cream as above defined which 
contains clean, wholesome egg yolk solids equivalent to not 
less than five dozen egg yolks to each ninety pounds of mix. 
Ice cream mix containing not less than one and four-tenths per 
cent of egg yolk solids shall be deemed to meet the foregoing 
requirements. 
(10) “Ice milk” shall mean the pure, clean frozen pro- 
duct made from a combination of two or more of the fol- 
lowing ingredients; Milk products, eggs, water and sugar, 
with or without harmless flavoring otr harmless 
and with or without added stabilizer composed of wholesome 
edible material. It shall contain not more than one-half of 
one per cent by weight of stabilizer, not less than three per cent 
and not more than ten per cent by weight of milk fat, and 
not less than fourteen per cent by weight of total milk solids. 
In no case shall any ice milk contain less than one and three- 
tenths pounds of total food solids per gallon. 
(11) “Milk sherbet” shall mean the pure, clean frozen 
product made from milk products, water and sugar, with 
or without harmless flavoring or harmless coloring, and with 
or without added stabilizer composed of wholesome, edible 
material. It shall contain not to exceed five per cent by 
weight of milk solids. 
(12) “Ice or ice sherbet” shall mean the pure, clean 
frozen product made from water and sugar, with or without 
harmless flavoring or harmless coloring, and with or without 
54 added stabilizer composed of wholesome edible material. It 
shall contain no milk solids. 
(13) “Imitation ice cream” shall mean any frozen sub- 
stance, mixture or compound, regardless of the name under 
which it is represented which is made in imitation or sem- 
blance of ice cream, is prepared or frozen as ice cream is 
customarily prepared or frozen and which is not ice cream, 
French ice cream, frozen custard, ice milk sherbet or ice, as 
defined in this act. 
B. Records. 
Each manufacturer of frozen dessert mix shall keep, in the 
form prescribed by the commissioner for each frozen dessert 
and frozen dessert mix plant operated by him, a true and 
correct record showing milk and milk products received and 
frozen dessert and frozen dessert mix manufactured. Such 
record shall show, among other things, (1) as to milk products 
received, (a) the date of receipt, (b) the weight or volume, 
(c) the kind of milk product of mixture containing a milk 
product, (d) the percentage of milk fat contained therein 
and (e) the name and address of the person from whom 
purchased or obtained; (2) as to frozen desserts and fro- 
zen dessert mix manufactured, (a) the date, (b) the vol- 
ume (c) the class of frozen desserts and frozen dessert mix 
and (d) the average percentage of milk fat contained there- 
in. Not later than the tenth day cf each month, an inven- 
tory shall be prepared showing ’the amount of each kind 
of milk product, mixture containing a milk product and 
frozen desserts and frozen dessert mix on hand, as of the 
last day of the preceding month. The records required by 
this act shall be legibly written in English, shall be preserved 
at the frozen desserts or frozen dessert mix plant for a 
period of six months, and shall be open at all times for 
inspection by the commissioner or his representatives. 
C. Statistical Reports. 
Each manufacturer of frozen desserts and frozen dessert 
mix fcr sale shall file with the commissioner, upon a form 
prescribed by him, not later than the tenth day of each 
month a statement for the preceding month showing the 
amount of each class of frozen desserts and frozen dessert 
mix manufactured, the ingredients used in the manufacture 
of such frozen desserts and frozen dessert mix and such 
other statistical information as the commissioner shall re- 
quire. 
D. Application for License. (As amended by Section 
878e-1939 and Sec. 518g-1943. 
55 Each manufacturer of frozen desserts and frozen dessert 
mix for sale shall, during the month of February in each 
year, file with the commissioner an application for a license, 
upon a form prescribed by the commissioner. The applica- 
tion shall show the location of each plant at which frozen 
desserts and frozen dessert mix are to be manufactured and 
the name of the brand or brands, if any, under which the 
same are tc be sold. The license period shall be for twelve 
months beginning March first. The license fee shall be based 
upon the number of gallons manufactured during the pre- 
vious calendar year. 
E. License Fees. (Public Act 272.) 
(1) The license fee for a retail manufacturer of frozen 
desserts shall be one dollar for one thouand gallons or less, 
and one dollar for each additional thousand gallons or frac- 
tion thereof manufactured at each plant. The license fee for 
a wholesale manufacturer to manufacture frozen desserts or 
frozen dessert mix within Connecticut or to sell within Con- 
necticut as the case may be, shall be twenty-five dollars for 
the first twenty-five thousand gallons or fraction thereof and 
an additional sixty-five cents per thousand gallons or fraction 
hereof above twenty-five thousand gallons manufactured or 
sold in Connecticut. In any case where dessert mix is manu- 
factured by a particular manufacturer and such mix is sub- 
sequently converted by the same manufacturer into frozen 
dessert, either in the same plant or in another owned by such 
manufacturer, the license fee payable by such manufacturer 
on account of all the processes wherein such mix is concerned 
shall be computed on the basis of the total number of gallons 
of finished frozen dessert so manufactured using such mix 
and no license fee shall be due or payable on any such frozen 
mix so manufactured and used. The fee shall be tendered to 
the commissioner with the application and, upon the issuance 
of the license, shall be remitted by the commissioner to the 
state treasurer. 
The commissioner, if satisfied that the plant or plants named 
in the application are maintained in accordance with the 
standards of sanitation, and that only pure and wholesome 
ingredients produced under sanitary conditions are used as 
prescribed in the rules and regulations promulgated under 
the authority cf this act, shall issue a license for the manu- 
facture of frozen desserts and frozen dessert mix. No license 
shall be issued if any statement in the application shall be 
false or misleading, or if the brand name or label or adver- 
tisement of the frozen dessert and frozen dessert mix invol- 
F. Issuance of License. 
56 ved in the application shall give a false indication of origin, 
character, composition or place of manufacture, or shall be 
otherwise false cr misleading in any particular. 
G. Revocation or Suspension of License. 
Any license may be revoked by the commissioner after 
notice to the licensee by mail or otherwise and opportunity 
to be heard if it shall appear that any statement upon which 
it was issued was false or misleading or that any frozen des- 
sert and frozen dessert mix manufactured by the licensee is 
adulterated or misbranded, or was manufactured in a plant 
not maintained in accordance with the standards of sanita- 
tion prescribed in the rules and regulations promulgated un- 
der the authority of this act, or that the brand name or any 
label or advertising of any frozen dessert and frozen dessert 
mix manufactured by the licensee gives a false indication of 
origin, character, composition or place of manufacture, or is 
otherwise false or misleading in any particular. A license may 
also, after such notice and hearing, be suspended for any of 
the foregoing reason until the licensee shall comply wrth the 
conditions prescribed by the commissioner for its reinstate- 
ment. 
H. Appeal. 
The action of the commissioner in refusing to grant a li- 
cense or in revoking or suspending a license, shall be sub- 
ject to appeal to the superior court for Hartford county. 
1. Prohibition as to Sale. 
No person shall sell, advertise or offer or expose for sale 
any frozen dessert or frozen dessert mix unless the manufac- 
turer thereof shall be a licensee under the provisions of 
this act. No person shall sell, offer for sale or advertise for 
sale any frozen dessert or frozen dessert mix if the brand 
name of the frozen dessert or frozen dessert mix or the 
label upon it or the advertising accompanying it shall give 
a false indication of the origin, character, composition or 
place of manufacture, or shall be otherwise false or mis- 
leading in any particular. No person shall sell, advertise or 
offer or expose for sale any imitation ice cream. 
J. Pasteurization. (As amended by Sec. 435f-1941.) 
All milk or milk products used in the manufacture of fro- 
zen dessert mix shall be from a source approved by the 
commissioner. Except in the case of home made frozen des- 
serts, the milk products of which are produced on the pre- 
mises where manufactured, the mix, with or without flavor 
or color, shall be of milk or cream produced from a blood- 
57 tested herd found to be free from Bang’s disease or be 
pasteurized by heating to a temperature of not less than 
one hundred and forty-two degrees Fahrenheit and holding 
at such temperature not less than thirty minutes, and cool- 
ing to a temperature of not more than fifty degrees Fahren- 
heit; or as prescribed in the rules and regulations; such 
teniperature, recorded by a standard recording thermo- 
meter, and such time shall be noted on charts to be kept in a 
Imanner hpprowed by the commissioner*. Immediately fol- 
lowing pasteurization and cooling, frozen dessert mix for 
sale as such shall be placed in sterilized containers and shall 
be sealed and labeled in a manner satisfactory to the Food 
and Drug Commissioner, and the seal shall not be broken, 
except in the plant where the mix is to be frozen into a 
dessert. 
K. False Labeling of Product and Illegal Use of Equip- 
ment. 
(1) No person shall sell or offer or expose for sale fro- 
zen desserts or frozen dessert mix which is falsely labeled 
as to the name of the manufacturer or place of manufac- 
ture, or in any other respect. 
(2) No person shall misrepresent in any manner the name 
of the manufacturer or the place of manufacture of frozen 
desserts or frozen dessert mix. 
(3) No person shall use or cause or permit to be used 
for the purpose of preserving or holding frozen desserts, 
any cabinet, can, container or other equipment owned by 
any other person without the written consent of such owner, 
and all such equipment shall be labeled with the wholesale 
manufacturer’s name and address. 
(4) No person shall place any frozen dessert of one 
manufacturer in the cabinet, can, container or other equip- 
ment belonging to another manufacturer. 
(5) No person other than the owner shall remove, erase, 
-obliterate, cover or conceal the owner’s name or any distin- 
guishing mark or device which may be on any cabinet, can, 
■container or other equipment. Each wholesaler shall declare 
•on invoices the brand name of all ice cream, frozen desserts 
or frozen dessert mix delivered by him to retailers, and each 
retailer shall retain 'such invoice for inspection by the com- 
missioner for a period of thirty days. Each package or con- 
tainer of ice cream or frozen dessert shall bear the name 
of the manufacturer. 
The commissioner shall, from time to time, after inquiry 
and public hearing, adopt and promulgate rules and regula- 
L. Rules and Regulations. 
58 tions to supplement and give full effect to the provisions of 
this act. Such rules and regulations, among other things, 
shall establish sanitary regulations pertaining to the manu- 
facture and distribution of frozen desserts and frozen des- 
sert mix, including the sanitary condition of build- 
ings, grounds and equipment where frozen desserts 
and frozen dessert mix axe manufactured, the sanitary 
condition of persons coming in direct physical con- 
tact with frozen desserts and frozen dessert mix during manu- 
facture, the sanitary condition of containers in which fro- 
zen desserts and frozen dessert mix are held or shipped, and 
the sanitary condition of premises, buildings surroundings 
and equipment where frozen desserts and frozen dessert mix 
are sold or dispensed in any form from wholesale or retail 
ou'tlets, fountains, vehicles, concessions or stands. Such 
rules and regulations shall be filed in the office of the secre- 
tary of the state and shall be open for public inspection at 
the principal office of the department. A copy of such rules 
and regulations shall be mailed to each manufacturer licensed 
under the provisions of this act. 
M. Any person who shall violate any provision of this act 
or the rules and regulations provided for in this act shall 
be fined not more than five hundred dollars or imprisoned 
not more than six months or both. 
59 REGULATION CONCERNING THE MANUFACTURING 
AND HANDLING OF FROZEN DESSERTS AND 
FROZEN DESSERTS MIX 
CERTIFIED ICE CREAM is ice cream produced in accord- 
ance with the Connecticut Statutes, and in which the milk 
products are of the Certified grade. It shall not contain more 
than an average bacterial count of 25,000 standard plate 
colonies per cubic centimeter. 
Grades for Ice Cream. 
GRADE A ICE CREAM is ice cream produced in accord- 
ance with the Connecticut Statutes, and in which the milk 
products are of the Certified or Grade A grades. It shall 
not contain more than an average bacterial count of 50,000 
standard plate colonies per cubic centimeter. 
GRADE B ICE CREAM is any ice cream other than Cer- 
tified or Grade A which conforms to the legal standards for 
ice cream. Grade B ice cream may be labeled “Grade B” or 
not, according to the option of the manufacturer. 
B. Premises. 
The buildings in which frozen desserts or frozen dessert 
mix are manufactured or handled and the surroundings shall be 
maintained in a clean and orderly manner, with the yards 
well-drained, free from refuse, odors, dust or other condi- 
tions which might contaminate the product. 
(1) Rooms in which frozen desserts or frozen dessert mix 
are manufactured or handled shall be adequately ventilated 
and lighted, having walls and ceiling of smooth finish, kept 
clean, with all openings through which dust or flies might 
enter properly screened and protected. The floor shall be 
smooth, impervious to water and in good repair, so constructed 
that it can be readily kept clean by the use of water and 
cleaning solution. Where necessary adequate pitch to the 
floor and properly trapped drains shall be provided. 
C. Manufacturing and Handling Rooms. 
(2) All storage rooms, boxes and cabinets shall be so 
constructed that they can be maintained in a clean and sani- 
tary condition free from objectionable odors. Cartons, sup- 
plies and materials shall be protected in storage against 
dust, dirt and vermin. 
D. Equipment 
(1) All utensils and equipment used in the manufactur- 
ing or handling of frozen desserts or frozen dessert mix 
shall be of a design capable of being readily taken apart for the 
60 washing of all parts with which frozen desserts or frozen 
dessert mix comes in contact; with all angle joints smoothly 
soldered, and all pipe lines of sanitary construction without 
blind ends or tightly closed elbows. 
(2) Work benches and shelves used in the manufactur- 
ing or handling of frozen desserts or frozen dessert mix shall 
be so constructed that they can be kept in a clean and sani- 
tary condition. All utensils and equipment used in the manu- 
facturing of frozen desserts cr frozen dessert mix shall 
be kept in good repair and satisfactory working condition. 
(3) Covered metal waste cans shall be provided in all rooms 
used for the manufacturing of frozen desserts or frozen des- 
sert mix and the contents of these cans shall be disposed of 
daily. 
(4) Mix pasteurizers shall be equipped with flush valves 
where necessary to insure proper pasteurization of the mix. 
(5) Coolers shall be equipped with covers unless the cooler 
is in a separate mix rooml free from possible contamination. 
E. Manufacturing Practices. 
(1) All utensils and equipment used in the manufac- 
turing and handling of frozen desserts and frozen dessert 
mix shall be completely dismantled after each day’s opera- 
tion, and all parts with which frozen desserts or frozen des- 
sert mix have come in contact shall be thoroughly washed 
with hot water and a cleaning solution, and effectually ster- 
ilized. All such utensils and equipment after assembling, 
shall be again effectually sterilized immediately before use. 
(2) Hot and cold running water shall be provided at 
wash sinks of suitable size and constructon for the proper 
cleansing of all utensils and equipment necessary to he 
washed in a sink or vat. 
(3) Charts for use cn recording thermometers shall be 
approved by the Food and Drug Commission before use, and 
shall be dated and signed by the licensed operator at time of 
use. 
(4) Suitable liners shall be provided for metal containers 
used for frozen dssserts of those flavors which cause corrosion 
of metals. 
F. Labeling. 
All containers for frozen desserts, packaged at the place of 
manufacture or at other than the place of dispensing, and all 
frozen desserts mix containers, shall bear conspicuously the 
class name of the product, name of the manufacturer and ad- 
61 dress of the manufacturer. All ingredients including color- 
ing, flavoring, stabilizers, etc., must be clearly and properly 
labeled, kept in covered containers and in a suitable storage 
place in a clean and orderly manner. 
G. Toilets and Lockers. 
Adequate toilet and locker facilities shall be provided for 
employees. No toilet room shall open directly into any room 
used for the manufacturing and handling of frozen desserts 
and frozen dessert mix. Wash basins shall be provided to- 
gether with single service towels. 
H. Health Certificates. 
All pei'sons who come in contact with the manufacturing 
or handling of frozen desserts or frozen dessert mix in a 
manufacturing plant shall be healthy and be subject to an 
annual health examination as required by the State Depart- 
ment of Health. 
I. Use of Tobacco. 
Use of tobacco and spitting in rooms used for the manufac- 
turing and handling of frozen desserts or frozen dessert mix 
shall not be allowed. 
J. Bacterial Standard 
No frozen dessert or frozen dessert mix shall contain more 
than 100,000 standard plate count bacterial colonies per 
c. c. as a logarithmic average of three consecutive counts. 
62 REGULATIONS CONCERNING THE LABELING OF 
FROZEN DESSERTS 
Ingredient designation is not required of those frozen des- 
serts which are defined in the Connecticut Frozen Dessert 
Act, 
The declaration of artificial flavoring, artificial coloring 
or chemical preservative must appear on the label as required 
in Section 897e (k) of the Food, Drug and Cosmetic Act: 
(1) Artificial color may be-declared by the use of the term 
“artificial color” or “color added”. Artificial flavor may be 
declared as “artificially flavored”. In the declaration o£ added 
color and artificial flavor in frozen desserts sold at retail 
from bulk containers, the law will be considered to be com- 
plied with if the consumer is informed of the presence cf 
artificial color or artificial flavor by placards or circulars con- 
spicuously placed. 
(2) Those packaged frozen desserts in family size pack- 
ages which are advertised on flavor boards in stores will be 
sufficiently labeled as to artificial flavor and color if the 
proper designation is made on the flavor panels prominently 
displayed in a similar manner as that suggested for bulk 
ice cream. 
(3) Placard or flavor panel declaration of artificial color 
and artificial flavor in packaged frozen desserts is optional, 
as the law can also be complied with by the actual printing 
of the cartons to show the addition of artificial flavor and 
color. 
(4) Frozen dessert novelties to be eaten in hand, such 
as Lily Cups, Dixie Cups, and those novelties sold in cello- 
phane bags and on sticks, shall be labelel by the use of a 
properly printed individual container. 
(5) The use bf the term “home made” is limited to those 
products actually manufactured in the home and under con- 
ditions which prevail in the home. Frozen desserts made in 
a factory or by factory processes, or from commercially made 
mix, are not home made. 
63 REGULATIONS GOVERNING THE DISPENSING OF 
FROZEN DESSERTS AND THE MANUFACTURE OF 
FROZEN DESSERTS AT TEMPORARY STANDS. 
A. Premises. 
(1) All premises where frozen desserts are dispensed 
shall be maintained in a clean and sanitary condition with 
all openings properly screened or protected against flies and 
dust. 
(2) Suitable toilets shall be provided for the use of em- 
ployees, and all toilets shall be maintained in a clean and 
and sanitary condition, and be screened against flies. No 
toilet shall open directly into a room used in the handling or 
dispensing of frozen desserts. 
(3) Suitable wash basins and single service towels shall 
be provided for use of employees. 
B. Protection of Food. 
Frozen desserts, fruits, flavors, ice cream cones, etc., shall 
be protected from flies, dirt and dust. 
C. Washing of Utensils 
An adequate supply of hot and cold water shall be pro- 
vided for washing purposes, and all utensils which are not 
in constant use shall be thoroughly washed after each use 
by cleansing with hot water and soap and then rinsing in 
clean hot water; or by other means approved by the Food 
and Drug Commissioner. 
D. Equipment 
(1) Utensils, single service cups, dishes, spoons and 
drinking straws, etc,, shall be protected from flies, dust and 
dirt. 
(2) Frozen dessert cabinets shall be clean and present 
a neat appearance. The holes and wells containing bulk or 
package frozen desserts shall be clean and free from objec- 
tionable odor, and shall be kept covered except when fro- 
zen desserts are being dispensed therefrom or placed therein. 
(3) Utensils and devices used in dispensing frozen des- 
serts shall be kept clean, and water in which they are kept 
when not in rise shall be clean. Such dispensing utensils and 
devices shall be kept in running water when it is piped to 
the building in which frozen desserts are sold. When run- 
ning water is not available such dispensing utensils and devices 
shall be rinsed through one water and kept in another com- 
partment filled with clean water. 
64 (4) Frozen dessert cans shalll be used for no other pur- 
pose than to store frozen desserts. The cabinet compartments, 
or package receptacles containing frozen desserts shall be 
used for no other purpose than to store frozen desserts. 
E. Personal Health and Cleanliness. 
(1) Every person engaged in dispensing frozen desserts 
shall wear clean clothing and shall avoid contact with any 
substance that may contaminate frozen desserts. 
(2) No person who has any communicable disease shall 
be employed in any capacity where frozen desserts are dis- 
pensed or sold. 
F. Package Dispensing. 
Only frozen desserts in package form shall be dispensed 
from places where suitable facilities for washing utensils 
are not available. 
G. Temporary Stands. 
Any person who manufactures or dispenses frozen desserts 
or frozen dessert mix at temporary stands shall comply with 
the same regulations as other manufacturers and dispensers 
except that those provisions regarding the construction of 
rooms in which frozen desserts and frozen dessert mix are 
manufactured, and the provisions regarding running water 
shall not be required; but other provisions with reference 
to proper screening against flies, washing of utensils, and the 
protection of ingredients, food products, and utensils against 
dust and other contamination shall apply equally to all kinds 
of manufacturers of frozen desserts or frozen dessert mix. 
65 BAKE SHOPS 
CHAPTER 139 
Section 2318. Regulations (As amended by Chapter 229, 
Public Act, (1935). 
Subsection 1. Each building or room occupied as a bakery 
shall be so situated as not to be exposed to contamination from 
its surroundings, shall be drained and plumbed in a manner 
conducive tc a healthful and sanitary condition, shall be 
adequately lighted and shall have such air shafts and win- 
dows, cr ventilating pipes, to insure ventilation as the Food 
and Drug commissioner shall direct. Each bakery shall be 
provided with a wash rocm and water-closet apart from the 
bakeroom and any room where the manufacture of food 
products is conducted, and one locker shall be provided for 
each employee. No water-closet, earth-closet or privy shall 
be within or communicate directly with a bakery. Rooms 
used for the manufacture cf flour and meal foods shall be 
at least eight feet in height. The side walls of such rooms 
shall be plastered or wainscoted, ana the ceil.n.>; plasterea 
or ceiled with lumber or metal, and, if sanitation requires, 
shall be whitewashed or painted upon order of the commis- 
sioner. All bakeries shall be free of vermin. Doors, windows, 
transoms and skylights shall be tightly screened between 
May first and November first of each year. The furniture, 
utensils and floors of such rooms shall be kept in a sanitary con- 
dition and fly-tight metal refuse containers shall be provided 
and emptied each day. The manufactured flour or meal 
food products shall be kept in clean, dry and airy rooms. 
Hot and cold running water shall be provided at a sink of 
sufficient size to be used for the washing of baking utensils. 
Flour shall be stored on racks at least six inches above the 
floor and all raw materials shall be protected in a sanitary 
manner at all times. The sleeping rooms shall be separated 
from the rooms where food products are manufactured or 
stored. No person, firm or corporation shall operate a bakery 
without having obtained from said commissioner a certificate 
of inspection describing the building used as a bakery and 
stating that the same complies with the laws of this state re- 
lating to bakeries, which certificate shall be kept posted by 
the owner or operator of such bakery in a conspicuous place 
in the shop described in such certificate or in the sales room 
connected therewith. All vehicles used in the transportation 
of bakery products shall be kept in a sanitary condition, 
so faj’ as the compartments in which such products are car- 
ried are concerned and have the name and address of the 
66 owner or proprietor of the bakery legibly printed on both 
sides. Each compartment in which unwrapped bakery prod- 
ucts are transported shall be enclosed. No person, firm or 
corporation shall sell or distribute bread or pastry products 
of any bakery located beyond the boundaries of this state 
unless such bakery shall have obtained a certificate cf inspec- 
tion from said commissioner. Such certificates shall be valid 
for one year from July first to June thirtieth, inclusive, and 
a fee therefor shall be collected as follows: From a person, 
firm or corporation owning or conducting a shop in which 
there are four persons or fewer engaged in baking, one dol- 
lar; in which there are not fewer than five nor more than nine 
persons so engaged, ten dollars; in which there are ten 
or more persons so engaged, twenty-five dollars. Such 
certificate may be revoked by said commissioner for cause 
and, when revoked, said commissioner shall cite the per- 
son operating such bakery or, in the case of a corpora- 
tion, the manager, to appear before him within ten days 
thereafter to show cause why such certificate should not 
remain revoked. No person, firm or corporation shall 
open a new bakery without having given at least ten days’ 
notice to said commissioner of intention to open such bak- 
ery, which notice shall contain a description of the build- 
ing proposed to be used as such bakery and shall give its 
location. Upon receipt of such notice, said commissioner shall 
examine the premises and, if found to comply with the pro- 
visions of the statutes relating to bakeries, shall issue such 
certificate of inspection. The provisions of this section shall 
not prevent local health authorities from enforcing orders 
or reguations concerning the sanitary condition of bakeries 
Subsection 2. Section 2520 of the general statutes is amended 
to read as follows: No employer shall permit any person 
to work in his bake shop who is affected with pulmonary 
tuberculosis or a scrofulous or venereal disease or with a 
communicable skin affection, and each employer shall main- 
tain himself and) his employees in a clean and sanitary con- 
dition, with clean, washable outer clothing, while engaged 
in the manufacture, handling or sale of food products. No 
person shall be allowed to smoke in a bakery while in the 
performance of his duty. 
Subsection 3. Section 640b of the 1933 supplement to the 
general statutes is amended to read as follows: No person shall 
remove any bread loaf, roll or bun or any other bread or 
pastry product made in a licensed bakery from such bakery, 
unless such product shall be wrapped and sealed in clean 
unused paper, unprinted or printed cn one side only, or shall 
67 be placed in a bag which shall be sealed or closed in such 
a manner as to prevent the entry of dust or foreign sub- 
stance, except that any such product may be delivered in a 
closed container to hotels, restaurants, institutions and bak- 
eries, and to branches of the bakery in which such product 
was made. The Food and Drug commissioner shall prohibit 
the use of any container not capable of keeping such prod- 
uct in a sanitary condition while in the process of delivery. 
Any bread or pastry product which shall be displayed for 
sale, shall be in a glass show easel or in an inclosed display 
window unless completely wrapped. All bread delivered to 
stores when not open for business shall be placed in closed 
containers or upon stands at least two feet above the ground. 
Any person who shall deliver, display or sell any such pastry 
or bread product in violation of any provision of this sec- 
tion shall be fined not more than twenty-five dollars or im- 
prisoned net more than thirty days or both. 
Subsection 4. The Food and Drug commissioner shall en- 
force the provisions of this act. 
Sec. 2519. Underground Rooms Not To Be Used. No 
room or rooms either wholly or partly underground, not 
used as a bakery, on August 15, 1905, shall be used as a 
bakery, and no such room or rooms then used as a bakery, 
which have since been or shall be closed, shall be again 
used as a bakery; but no such room or rooms closed on ac- 
count of fire, attachments, observance of religious ceremo- 
nies or quarantine regulations, shall be deemed to be closed 
within the meaning of this section. A bake shop shall be 
deemed to be closed whenever for any reason except those 
specified herein, the business of baking for the public shall 
be suspended therein. 
Sec. 2521. Orders of Food and Drug Commisssioner. 
The owner, agent or lessee of any property used as a bakery 
shall, within thirty days after the service of notice upon 
him of an order issued by the Food and Drug commissioner, 
comply therewith or cease to use or allow the use of such 
premises as a bake shop. Such notice shall be in writing 
and may be served upon such owner, agent or lessee, either 
personally or by mail, and a notice by registered letter, 
mailed to the last known address of such owner, agent or 
lessee, shall be sufficient service. 
Sec. 2522. Penalty. Any person who shall violate any 
provision of this chapter or shall fail to comply with an 
order of the Food and Drug commissioner shall be fined not 
68 more than fifty dollars for the first offense, shall be fined 
not more than one hundred dollars or imprisoned not more 
than ten days for the second offense and shall be fined not 
more than two hundred dollars and imprisoned not more 
than thirty days for each subsequent offense. 
Sec. 2523. Application of Bake Shop Provisions to Other 
Shops. The provisions of this chapter shall apply to all 
confectionery, candy, ice cream and macaroni factories and 
all other factories for the preparation of food stuffs, tobac- 
co and cigars. In any factory of the above-named classes 
where the food and drug commissioner shall have cause to 
suspect that an operative or employees has any disease enu- 
merated in the statutes pertaining thereto, he shall have 
authority to cause an examination to be made of such sus- 
pected case by a physician. 
69 General Statutes, Revision of 1930 
CHAPTER 135 
Sec. 2454. Manufacture and Sale of Bread. The word 
‘“bakery” is defined, for the purpose of this section, as 
follows: A building or part of a building wherein is carried 
on as a principal occupation the production of bread, cakes 
pies cr other food products made either wholly or in part 
of flour. Standard loaves of bread, produced in any bakery 
and procured or kept for the purpose of sale, offered or 
exposed for sale or sold, shall be of the following standard 
avoirdupois weights: One pound or one and one-half pounds 
or some multiple of one pound. The provisions of this sec- 
tion shall not apply to biscuits, buns, crackers, rolls or loaves 
weighing less than one-quarter pound per unit, or to what 
is commonly known as “stale” bread and sold as such, pro- 
vided the seller at the time of sale shall expressly state to 
the buyer that the bread so sold is stale bread. Loaves of 
bread produced in any bakery which shall not be of any of 
the standard weights herein provided for, which shall be pro- 
cured or kept for the purpose of sale, offered or exposed for 
sale or sold, shall have their weight plainly and conspicu- 
ously stated in one, of the following ways: Bread wrapped 
in paper or other material prior to the time of sale to have, 
on the outside of such wrapper, a plain statement of the 
weight of the loaf of bread contained therein; bread sold 
or exposed for sale without being wrapped, to have, on each 
loaf, either a pan impression plainly setting forth its weight, 
or a label attached to the loaf on which its weight shall be 
plainly written or printed. The weight marks on such wrap- 
pers or labels shall be printed in plain, heavy, Gothic, capi- 
tal letters and figures not less than five thirty-seconds of an 
inch in height, and shall not be affixed to the loaf in a man- 
ner or with a gum or paste which is unwholesome 01* insani- 
tary. No loaf of bread shall be produced in any bakery 
which shall, within twelve hours after delivery by the baker, 
vary more than one ounce per pound from the standard or 
marked weight. The weight of twelve loaves of bread selec- 
ted at random from any one baking of bread shall not be 
less than the total of the standard or marked weight of such 
loaves. Any person whq, by himself or by his agent or ser- 
vant, shall violate any provision of this section shall, upon 
tfts first conviction, be fined not more than two hundred 
dollars, and upon a subsequent conviction not more than 
five hundred dollars or imprisoned not more than six months 
or both. 
70 REGULATIONS CONCERNING THE MANUFACTURE 
AND DISPENSING OF CREAM-FILLED OR 
CUSTARD FILLED PASTRIES 
1. For the purpose of this regulation a cream or custard 
mix or cream or custard filler is defined as a material consist- 
ing principally of sugar, eggs, and milk; either with or without 
a thickening agent, heated, cooled, and applied to pastry 
without subsequent heating to a temperature of 180 degrees 
F. or higher. 
2. The custard mix shall be heated to a temperature of 
180 degrees F. or higher, then cooled immediately to a tem- 
perature of 50 degrees F. or lower, and maintained at this 
temperature until used for filling. 
3. During the month of April, May, June, July, Au- 
gust and September custard-filled products shall not be man- 
ufactured or offered for sale unless they are kept under 
continuous refrigeration at a temperature of 50 degrees F. 
or less from the time of manufacture until dispensed to the 
consumer. This regulation applies to hotels restaurants, and 
distributors as well as to bakeries. 
4. All equipment and utensils with which custard filling 
comes in contact shall be cleaned and sterilized by a method 
approved by the Food and Drug Commissioner. 
71 REGULATION CONCERNING THE LABELING OF 
BAKED PRODUCTS 
The law will be considered to be complied with: 
(1) It in the case of bakers who do a retail business 
from show cases, the ingredients used in the manufacture of 
various classes of baked products are designated on placards 
or on circulars in such a way as to clearly inform the pur- 
chaser. 
(2) If, in the case of house-to-house bakers, circulars 
listing the ingredients for different varieties of bakery pro- 
ducts are available, upon request, to the purchaser. 
(3) If all wrappers used both by bakers who do a retail 
business from show cases and by house-to-house bakers 
are printed with the name and address of the manufacturer 
of the article so wrapped. 
(4) If, in the case of stores which buy bakery products 
in bulk and sell to the public at retail, the baker of the 
product will furnish suitable wrappers bearing the name 
and address of the manufacturer for use of the retailer in 
the packaging of these bakery products when sold at retail. 
(5) The use of the term “home made” is limited to those 
products actually manufactured in the home and under con- 
ditions which prevail in the home. NON-ALCOHOLIC BEVERAGES 
Chapter 136 
Sec. 2490. License. The Food and Drug commissioner 
is authorized to issue licenses for the business of bottling 
water and manufacturing and bottling beverages for the 
purpose of sale, and upon application therefore by any per- 
son, firm or corporation, which application shall be in writ- 
ing, signed by the applicant, and shall describe the person 
to be licensed and the place where such manufacturing or 
bottling is to be carried on, and no person, firm or corpora- 
tion shall engage in such business without having secured 
such a license. 
Sec. 2491 License Fee. (As amended by Section 605h) A fee 
of twenty dollars shall accompany each application for the li- 
cense provided for in Section 2490. Each such license shall 
expiire on the thirtieth day of June next following the issuance 
thereof. Such license shall be in such form as the commissioner 
shall determine and shall be kept exposed to view in a conspi- 
cuous place upon the premises where such business shall be 
conducted or carried on. All fees received for such licenses 
shall be paid by 'the commissioner to the state treasurer. No 
person, firm or corporation shall sell or offer for sale within 
the state any beverages manufactured or bottled beyond the 
boundaries of the state unless such person, firm or corpora- 
tion shall have made application for and secured a license 
from said commissioner upon the payment of twenty dollars 
and no such license shall be issued by said commissioner until 
such establishment shall have been inspected by him or his 
agent or until such establishment shall have furnished said 
commissioner a certificate from the commision having the 
enforcement of the beverage law an the state where such 
establishment is located that such establishment complies in 
every respect with the requirements of the Connecticut bev- 
erage law. 
The provisions of this section shall not apply to out-of- 
state manufacturers, bottlers or distributors of malt and 
cereal drinks, grape juice, lime juice, fruit flavored syrups, 
powders or mixtures, concentrated fruit juices or fruit and 
vegetable juices. 
Sec. 2492. Equipment of Manufacturing Establishments. 
(As amended by Chapter 160, Public Acts of 1935.) The 
establishment uded for the preparation, manufacture and 
bottling of any beverage shall be adequately lighted and 
ventilated and all floors shall be constructed of cement, con- 
crete or tile laid in cement, or other material impervious to 
73 water, and shall have sufficient pitch to insure drainage; 
walls and ceilings shall be varnished or painted in light color 
and kept clean; doors, windows and other openings of any 
room in which beverages or the ingredients of such bever- 
ages shall be prepared shall be screened and all entrances 
and exits shall be equipped with automatic closing devices 
and each room in such establishment shall have at least 
one device for the catching of flies. Wash basins, sinks 
and toilets shall be provided for employees and no toilet 
shall open directly into any room used for the preparation 
or bottling of any beverages. 
The syrup room shall be separately enclosed, well venti- 
lated and lighted, provided with sinks and taps for hot and 
cold water, thoroughly protected against vermin, flies, dirt 
and dust and so constructed as to be easily cleaned. Each 
such establishment shall be equipped with adequate and 
efficient machinery for the soaking, automatic cleaning and 
sterilizing of all bottles in which any such beverage or water 
shall be placed for the purpose of sale. Cases and bottles 
shall be stored in such manner as not to interfere with the 
sanitation of bottling room. The term “beverage” as used 
in this chapter, shall include all bottled non-alcoholic bever- 
ages, including these commonly known as “soda water”; all 
bottled non-alcoholic proprietary beverages by whatever 
names called, including malt and cereal drinks; grape juice, 
lime juice and other fruit juices and vegetable juices, put 
up in containers; fruit-flavored syrups, powders or mixtures 
and concentrated fruit juices, when sold at retail and de- 
signed for the preparation of beverages through the addi- 
tion of water, with or without sugar, and all bottled spring 
and mineral waters. 
Sec. 2493. (As amended by Chapter 160, Public Acts of 
1935.) Unclean bottles shall be exposed to a three and one- 
half per cent alkali solution of which not less than sixty 
per cent is caustic (sodium hydroxide), for a period of not 
less than five minutes at a temperature of not less than one 
hundred and twenty degrees Fahrenheit or to an equivalent 
cleansing and sterilizing process. The bottles' shall be rinsed 
free of all caustic in potable water. No bottle shall be used 
on which the rubber part of the stopper may come into con- 
tact with the beverages. No person shall use as containers 
for beverages the “Hutchinson plunger” bottles or re-use 
any cap, crown or stopper. Caps, crowns or stoppers, before 
use, shall be kept in a device having a self-closing cover, 
and such caps, crowns or stoppers shall be placed on the bot- 
tles with an automatic capping device. All containers in 
which syrups, fruit juices, syrup fruit juices or flavors or other extracts shall be stored or prepared shall be con- 
structed of porcelain, glass, glaze-lined metal or stone crocks, 
provided prepared syrups or extracts may be retained in the 
original containers in which they were delivered. Such con- 
tainers shall be covered at all times. 
Sec. 2494. No impure ingredients. Sugar contents. 
No impure, contaminated or polluted water shall be used 
for the manufacture of such beverages. All wells and springs 
supplying water shall be covered to prevent surface contam- 
ination. No impure or adulterated material and no saccharin 
or coal tar, other than certified color, shall be used in the 
manufacture of such beverages. Beverages, other than cereal 
beverages, cider or spring or mineral water, shall have a 
sugar content of not less than five per centum by weight. 
No false or fraudulent statements or designs shall be dis- 
played concerning such beverages. 
Sec. 2495. Employment of persons suffering from con- 
tagious diseases. (As amended by Sec. 437f, 1941.) No 
person suffering from any communicable or contagious disease 
shall be employed in or about an establishment where bever- 
ages shall be manufactured or bottled. No person shall be 
employed in such establishment during the time in which a 
case of contagious disease shall exist in the house in which 
he shall reside, nor until such house shall have been disin- 
fected, provided such person may be so employed if the lo- 
cal board of health shall issue a certificate that no danger 
of public contagion or infection would result from the em- 
ployment of such persons in such establishment. Persons ac- 
tually employed in the manufacture or bottling of beverages 
as defined in this chapter shall be required to file health certi- 
ficates with the Food and Drug commissioner in a manner and 
form prescribed by said commissioner. 
Sec. 2496. Inspection of establishment. No such license 
shall be issued until the place where the applicant therefor pro- 
poses to conduct such business shall have been inspected by 
the commissioner or his agent and found to be in a clean 
and sanitary condition, and such place shall be inspected at 
least twice each year and at such other times as the commis- 
sioner shall consider necessary. 
Sec. 2497. Suspension and Revocation of License. The 
commissioner, after hearing, of the time and place of which 
reasonable notice shall have been given, may suspend or 
revoke any such license for any of the following causes: 
The use of any polluted water or failure to conduct such 
business in a sanitary place and under sanitary conditions; 
75 the use of saccharin or any ingredient impure or injurious 
to health; a conviction for a violation of the federal or state 
prohibition laws; failure to comply with the provisions of 
Chapter 135, relating to the manufacture of pure foods, so 
far as the same may apply to the provisions of this chapter 
or failure to comply with any order of the commissioner un- 
der the provisions of this chapter. No person, during any 
period when his license shall be suspended or revoked, shall 
manufacture any beverage or sell or offer for sale any 
beverage previously manufactured by him. No person shall 
sell any beverage from open containers. 
Sec. 2498. Containers to have Name of Manufacture or 
Trade Mark Thereon. (As amended by Sec. 968c of the 
1935 Supplement to the General Statutes ancJ Public Act 306.) 
Labels or crowns on all bottles and containers shall plainly 
state the nature of the contents and the kind and amount 
of preservative whenever present, as well as presence of 
artificial color and artificial flavor. Only certified colors 
may be used. No person, firm cr corporation shall sell, offer 
for sale or give away within the state any beverages in bot- 
tles or other containers unless each of such bottles or con- 
tainers or crowns thereto affixed shall have blown into it, 
etched or engraved or otherwlise indicated thereon, in a 
conspicuous place, the name and address of the person, firm 
or corporation manufacturing or bottling such beverage, or 
the name of the registered trademark of such beverage, pro- 
vided the place of manufacture is indicated on the bottle or 
container. The filling or refilling of any glass, jar, bottle or 
other container, with beverages, water, mineral water or any 
other drink or fluid, with intent to sell or vend such water, 
beverage or fluid, which bears the label of any other person, 
firm or corporation or which has blown into it the name or 
trade mark of any person, firm or corporation, without the 
consent of such person, firm or corporation, shall constitute 
misbranding in violation of the previsions of Section 897'e 
of the 1939 Supplement to the General Statutes. 
Sec. 2499. Appeal. Any person aggrieved by reason of 
the refusal of said commissioner to grant any such license, 
or by the suspension or revocation of any such license, may, 
within ten days after such refusal or such suspension or re- 
vocation, appeal to the superior court in the county in which 
such business shall be conducted. Each such appeal shall be 
taken to the next return day or the next return day but 
one after such refusal, suspension or revocation and shall not 
be taken until the applicant shall file with the appeal a bond, 
with surety, in the amount of cne hundred dollars, condi- 
76 tioned that the applicant shall pay all taxable costs in the 
event that he shall fail to prevail in such appeal. In such ap- 
peal, costs shall be taxed as in civil cases, but no costs shall 
be taxed in favor of any such appellant. Upon any such 
appeal, said court shall review such refusal suspension or 
revocation and the causes therefor and grant such relief in 
the premises as it may determine. 
Sec. 2500. Penalty. (As amended by Chapter 160, Public 
Acts of 1935.) Any person who shall violate any provision 
of Chapter 136 of the General Statutes as herein amended 
shall be fined not more than three hundred dollars or impris- 
oned not more than three months or both. 
77 APPLE JUICE AND CIDER 
CHAPTER 136 A 
Section 438f, Under the provision of this Act apple juice 
is exempted from the provisions of chapter 136 of the Gen- 
eral Statutes as amended, entitled “Non-Alcoholic Beverages,” 
Sec. 439f. Any plant or place where juice is extracted 
from apples or put in containers shall.be registered with the 
Food and Drug commissionner and shall be subject to sanitary 
inspection by the Food and Drug commissioner or his agent 
and to labeling regulations promulgated by the Food and Drug 
commissioner. 
Sec. 440f, The Food and Drug commissioner shall, after 
hearing duly called and. held, promulgate regulations provid- 
ing for the sanitary inspection of such establishments as 
shall call their product “cider” and, in addition, shall draw 
up special sanitary regulations for plants desiring to call their 
prqduct “apple juice” and requiring that clean, sound apples 
be used in the manufacture of said “apple juice.” 
Sec. 441 f. The registration fee shall be two dollars per 
year and shall accompany registration application. Each reg- 
istration shall expire on June thirtieth next following the 
issuance thereof. The form or registration application shall 
be specified by the Food and Drug commissioner. 
Sec. 442f. Any person who shall violate any provision of 
■this act, or the regulations promulgated by the Food and Drug 
commissioner under the authority contained herein, shall be 
subject to the penalties prescribed by section 969c of the 
1935 supplement to the general statutes. 
78 REGULATIONS FOR THE MANUFACTURE OF APPLE 
CIDER AND APPLE JUICE 
For the purposes of these regulations apple cider is de- 
fined as a product derived by pressing the natural juice frcm 
sound apples, and manufactured under conditions prescribed 
for the manufacture of such product. Apple juice shall be 
manufactured by extracting from clean, sound apples the 
natural juices therefrom under regulations prescribed for 
the manufacture of same. 
It must be remembered at all times that apple cider and 
apple juice are food products and must be ‘treated as such 
The addition of any foreign ingredients must have the ap- 
proval of the Food and Drug Commissioner. 
Before cider or apple juice is manufactured, approval of 
plant, layout, equipment, and storage bins must be obtained 
from the Food and Drug Commissioner. 
79 REGULATIONS FOR MANUFACTURE OF APPLE CIDER 
Equipment must stand on a floor which can be cleaned. 
Dirt floors will not be allowed in custom and commercial 
mills. Walls, floors and ceiling of building must be kept 
cleaned. 
Equipment must be housed. 
All equipment must be thoroughly cleaned at the end 
of each day’s run, this tc include washing and drying of cloths 
and scraping of racks. 
When second hand bottles are used or returned bottles 
accepted, such bottles must be thoroughly washed with soap 
and hot water and rinsed with potable water before being 
refilled. 
Bottles must be filled from a spigot or syphon started by 
bulb pressure. Use of mouth-started syphons is prohibited. 
Syphons must be cleaned daily. Containers and spigots must 
be thoroughly cleaned before refilling. 
Pomace must be stored at least fifty feet from the build- 
ing in which the cider mill is located and in such a manner 
as not to contribute to insanitary conditions. 
No. person suffering from any communicable or contagious 
disease shall be employed in or about an establishment where 
apple cider shall be manufactured or bottled. No person 
shall be employed in such establishment during the time in 
which a case of contagious disease shall exist in the house 
in which he shall reside, nor until such house shall have been 
disinfected, provided such person may be so employed, if 
the local board of health shall issue a certificate that no danger 
of public contagion or infection would result from the em- 
ployment of such person in such establishment. 
Each container ip which cider is sold must carry a label 
bearing the name of the contents, the name and address of 
the manufacturer, or bottler, the volume of contents and 
the presence of preservative, if any is used. If any water is 
added to the juice the presence and amount of such 
water must be declared on the label. 
Owners of custom mills must keep a record of the names 
and addresses of all customers, such records to be available 
for examination by the Food and Drug Commisioner or his 
duly authorized agent. 
80 REGULATIONS FOR THE MANUFACTURE OF APPLE 
JUICE 
The manufacture of apple juice shall be encouraged, it 
being the purpose of all interested in the industry to edu- 
cate the public to expect a product prepared under more 
stringent regulations than is cider. 
Manufacturers of apple juice must abide by all regulations 
designated for the manufacture of apple cider and in ad- 
dition : 
Must use clean, sound apples only. 
Concrete floors must be provided in pressing and bottling 
rooms said floors to be so graded as to be easily cleaned. 
Sufficient supply of hot and cold running water must be 
available in the plant for the cleaning of equipment. Walls 
and ceilings shall be varnished or painted in light color on 
or before August 1, 1942, and kept clean; doors, windows 
and other openings of any room in which apple juice shall 
be prepared and/or placed in containers shall be screened, 
and all entrances and exits shall be equipped with automatic 
closing and each room in such establishment shall 
have at least one device for the catching of flies. Wash basins, 
sinks and toilets shall be provided for employes and no 
toilet shall open into any room used for the preparation or 
bottling of apple juice. An adequate supply of soap and 
single service towels shall be available for use by the employees. 
Precaution shall be taken to safeguard apple juice from 
contamination by dust and windborne filth. 
New containers only shall be used unless bottle washing 
equipment of the type used in carbonated beverage plant 
be used, making it possible to soak the bottles in a solution 
containing 31/£% alkali, of which 60% must be caustic (so- 
dium hydroxide), for a period of at least five minutes at 
120°F. and then rinsed in potable water. New containers 
shall be rinsed with hot water. 
To insure maintenance of quality, apple juice must be 
put in containers for retail sale, and labeled at place of 
manufacture, and cannot be sold for bottling. There shall 
be approved sealing of containers. 
The regulations relating to the health of employees in 
apple cider manufacturing plants shall prevail in apple juice 
manufacturing plants, and in addition each employee shall 
have an annual health certificate on a form prescribed by 
the Food and Drug Commissioner. 
81 SALE OF OLEOMARGARINE AND IMITATION BUTTER 
CHAPTER 135 
GENERAL STATUTES 1930 
Sec. 2444. Oleomargarine and Imitation Butter. Any 
article resembling butter and not made wholly from milk 
or any product of milk, salt and coloring excepted, shall be 
oleomargarine or imitation butter within the meaning of 
this chapter. The term “oleomargarine” and the term “imi- 
tation butter” shall include butterine and any article made 
or compounded in imitation of butter or as a substitute for 
butter and not made exclusively from milk or any product 
thereof, salt and coloring excepted, and any article labeled 
or branded as oleomargarine upon which a tax is collected 
by the federal government. The term “butter”, “dairy” or 
“creamery” or the name or term of any breed of cattle or any 
combination of any such names or terms or any symbol thereof 
shall not be used in whole or in part upon or to form the name 
of any oleomargarine or imitation butter, or upon any box, 
tub or package containing oleomargarine or imitation butter. 
Sec. 2445. License to Manufacture or Sell Imitation But. 
ter. No person shall manufacture, sell, offer or expose for 
sale, or have in his possession with intent to sell or use, oleo- 
margarine, butterine or renovated butter, unless annually 
licensed by the Food and Drug commissioner. Any person 
who shall keep, store or display any oleomargarine, butterine 
or renovated butter with other merchandise, or have any 
such commodity in his custody or control, shall be deemed 
to offer the same for sale under the provisions of this sec- 
tion or section 2446. Such license shall be issued in the 
form approved by the commissioner, shall be hung in a con- 
spicuous place in the premises where such business is con- 
ducted, shall contain the name of the licensee an a descrip- 
tion jjf the premises wherein such business is to be conduc- 
ted and shall expire June thirtieth in each year. The appli- 
cation for such license shall be in such form as the com- 
missioner shall prescribe and shall contain the name of the 
applicant and a description of the place and character of 
the business conducted by such applicant. Each application 
for such license shall be accompanied by the following fee, 
payable to the .treasurer of the state: 
License Fees. For making oleomargarine, butterine or re- 
novated butter, one hundred dollars; 
For selling oleomargarine, butterine or renovated butter 
in quantities of more than ten pounds, fifty dollars; 
For selling oleomargarine, butterine or renovated butter 
at retail in quantities of not more than ten pounds, six dollars; 
82 For the use of oleomargarine, butterine or renovated but- 
ter by a hotel, restaurant, dining-room or bakery, three dollars. 
A license may be issued under the provisions of this sec- 
tion from the first day of any month to expire the following 
thirtieth day of June, at a rate proportionate to the yearly 
rate. 
Penalties for Failure to Renew License. Any person who, 
under the provisions of this section, is required to pay a fee 
of one hundred dollars and who shall fail to secure such license, 
shall pay in addition to such fee the sum of twenty dollars 
for each month or fraction thereof during which such fail- 
ure shall continue; 
Any person so required to pay a fee of fifty dollars who 
shall fail to secure such license shall pay, in addition thereto, 
the sum of ten dollars for each month or fraction thereof 
of such failure; 
Any person so required to pay a fee of six dollars who 
shall fail to secure such license shall pay, in addition thereto, 
the sum of fifty cents for each month or fraction thereof of 
such failure. 
Any person so required to pay a fee of three dollars who 
shall fail to secure such license shall pay, in addition thereto, 
thq sum of fifty cents for each month or fraction thereof of 
such failure. 
Penalty. The managing officer or agent of a corporation 
or any other person who shall violate any provision of this 
section or section 2446 shall oe fined not more tnan one hun- 
dred dollars. 
Sec. 2446. Sale of Imitation Butter Regulated. No per- 
son, by himself, his agent or servant, shall render or manu- 
facture, sell, offer or expose for sale, take orders for the 
future delivery cf, or have in his possession with intent to 
sell, any article, product or compound, made wholly or partly 
from any fat, oil or oleagionus substance or compuuna uiere- 
of, not produced from unadulterated milk or cream from the 
same which shall be in imitation of yellow butter produced 
from pure unadulterated milk or cream from the same; but 
the provisions of this section shall not prohibit the manu- 
facture or sale of oleomargarine in a separate and dis- 
tinct form and in such manner as will advise the consumer 
of its real character, free from coloration and from any ingre- 
dient intended to cause it to look like butter. No person 
shall sell any oleomargarine, butterine or renovated butter 
at retail except it be sold in packages containing not more 
than five pounds, such packages to have printed thereon on two sides in letters not less than one-quarter of an inch 
square the words “oleomargarine”, “butterine” or “renova- 
ted butter”, as the case may be, also the name and address 
of the manufacturer. No imitation butter shall be sold, ex- 
posed for sale or delivered except under the following con- 
ditions: 
(1) The seller shall maintain in plain sight, over the main 
outer entrance of the premises where the selling is done, a 
sign bearing in plain black Roman letters, not less than 
two inches wide and four inches long, on a white ground, the 
words “sold here” preceded by the name of the imitation 
article. If the selling be done from a vehicle, such vehicle 
shall conspicuously bear such sign upon both sides of such 
vehicle upon the outside; 
(2) All imitation butter shall be kept in an inclosing 
package which shall bear on the outside of its body and cover 
at all times in plain sight of a beholder of the package in 
black Roman letters, not less than one inch wide and two 
inches long on a white or light-colored ground, the name 
of the imitation article. 
All cases containing packages of imitation butter of five 
pounds or less, after being opened, shall bear a sign in black 
Roman, letters, not less than one inch wide and two inches 
long, on a white or light-colored ground, the name of the 
imitation article. 
All signs prescribed in this section and in sections 2447 
and 2448 shall be provided by the commissioner, and all signs 
required to be maintained in plain sight over the main outer 
entrance cf the premises where the selling is done shall be 
placed in position subject to the direction of the commissioner 
or his agents. All signs so furnished by the commissioner 
shall be paid for by the parties receiving the same, at the 
actual cost thereof. 
Sec. 2447. Vendor Must Expose Sign. No baker or ven- 
dor of food shall sell or expose for sale any article of food 
containing imitation butter unless such baker or vendor shall 
maintain the kind of a sign prescribed by sub-section (1) 
of section 2446 in the way and manner prescribed therein, 
except that the word “used” shall be susbtituted for the 
word “sold”: If the selling is done from a vehicle, such ve- 
hicle shall conspicuously bear such sign. 
Sec. 2448. Hotel Keeper Must Expose Sign. No keeper 
of a hotel, boarding house or restaurant, temporary or per- 
manent, shall furnish a guest with imitation butter or food 
containing it, unless such keeper shall maintain in plain 
84 sight of all guests sitting at tables where food is served such 
a sign or signs as prescribed by section 2446, except that 
the word “used” shalljie substituted fcr the word “sold”. 
Sec. 2449. Penalties. Any person violating any provi- 
sion of section 2444, 2446 and 2447, and any person, except 
a boarding house keeper, violating the provision of section 
2448 shall, for the first offense, be fined not more than one 
hundred dollars or imprisoned not more than sixty days or 
both; for each subsequent offense, he shall be fined not more 
than two hundred dollars or imprisoned not more than four 
months or both. Any boarding house keeper violating the 
provisions of section 2448 shall, for the first offense, be fined 
twenty-five dollars or imprisoned not more than thirty days 
or both; for each subsequent offense, he shall be fined not 
more than fifty dollars or imprisoned not more than sixty days 
or both. Evidence of any such violation shall be prima facie 
evidence of willful violation. 
Sec. 2450. Renovated Butter. No person, by himself 
or agent, or otherwise, shall sell, expose for sale or have in 
his possession with intent to sell, any article which is produced 
by taking original packing stock or other butter, or both, 
melting the same so that the butter fat can be drawn off, 
and mixing such butter fat with skim milk, cream or other 
milk product, and rechurning the mixture, or by any similar 
process, and which is commonly known as process butter, 
unless he shall have the words “Renovated Butter” conspic- 
uously stamped, labeled or marked, in a straight line in 
printed letters not less than one-half inch in length of plain 
Gothic type, so that said words cannot be easily defaced, 
upon the top, side and bottom of every tub, firkin, box or 
package containing such article or compound. The seller at re- 
tail of such article or compound, which is not in the original 
of such article or compound, which is not in the original 
package, shall, himself or by his agent, attach to each pack- 
age sold and deliver therewith to the purchaser a label or 
wrapper bearing in a conspicuous place upon the outside 
of the package, the words “Renovated Butter” in printed 
letters not less than one-half inch in length in a straight 
line of plain Gothic type* Any person who shall violate 
any provision of this section shall be fined not less than ten 
dollars nor more than one hundred dollars. The manufacture, 
sale and use of renovated butter shall be regulated by the 
use of such signs as are prescribed for the use and sale of 
oleomargarine in sections 2446, 2447 and 2448, but the words 
“Renovated Butter” shall be substituted for the word “Oleo- 
margarine”. 
85 Sec. 2451. Tub Butter. Repealed by Chapter 38, Public 
Acts of 1931. 
Sec. 2452. Print Butter. No person shall, by himself, 
his servant or agent, sell or offer or expose for sale, or have 
in his possession with intent to sell, any print butter unless 
the package or wrapper containing the same shall have con- 
spicuously printed thereon, in letters or figures not less 
than one-half inch in height, in plain Gothic type, the net 
weight of the butter contained therein. Any person who 
shall violate any provision of this section shall be fined not 
more than twenty-five dollars. 
REGULATION CONCERNING THE LABELING OF BUTTER 
As required in the Connecticut Food, Drug and Cosmetic 
Act, Section 13 (k), artificial color in butter for Connecticut 
must be marked “artificially colored” or “color added” in 
letters that are legible and easily read and are to be placed 
on the package in such a way as likely to be read under custo- 
mary conditions of purchase. Declaration should be on the main 
panel or panels in connection with the word “butter”. Quar- 
ter-pound prints must bear the declaration. 
When tub butter is offered for sale at retail, added color 
should be declared on conspicuous label or placard. Pack- 
ages of bulk butter put up in the presence of the purchaser 
do not require a label. 
REGULATION CONCERNING THE LABELING OF CHEESE 
Section 13 (k) of the Connecticut Food, Drug and Cosmetic 
Act requiring the declaration of artificial color in cheese will 
be considered to be complied with in the case of bulk cheese 
if the term “artificial color” or “added color” is plainly 
stamped on the rind, or if a placard bearing, this designation is 
displayed near the cheese on the show case or on the wall 
or shelf, so that the prospective purchaser will be properly 
informed. 
In the case of cartoned or packaged cheese the declara- 
tion of added color in the product may be plainly stamped 
on the carton or package in connection with the main nanel: 
or may be designated on a placard conspicuously displayed. 
86 DISPENSING OF ALCOHOLIC BEVERAGES 
CHAPTER 135 
Section 939c (A). Rooms used for the retail dispensing 
of alcoholic beverages shall be clean, well-lighted and ven- 
tilated and free from flies and vermin. 
All plumbing shall be of sanitary construction and kept 
in sanitary condition. 
Premises which are licensed to serve both men and women 
shall be provided with two separate toilets which shall bear 
suitable signs. Toilet rooms shall be adequately ventilated 
and screened to exclude flies. Wash bowls, water closets 
and other toilet fixtures shall be kept in good repair and in 
a sanitary condition. 
Single service towels shall be provided. 
(B). The bar shall be clean, in good repair and 
contain a suitable sink and drain board to which shall be 
piped an adequate supply of hot and cold running water. 
All beverages pipe lines shall be constructed entirely of 
metal and kept clean. 
Air intakes for pressure dispensing systems shall be to pure 
air supplies. 
(C). There shall be an adequate supply of clean 
drinking receptacles available at the bar at all times. 
All other utensils and bar equipment shall be thoroughly 
washed in hot water at least once each day. 
(D). All food in storage or on display shall be either 
wrapped or stored in clean, closed containers. 
(E). Operators and employees of such alcoholic 
beverage dispensing places shall have clean hands and wear 
clean clothing while engaged in dispensing such beverages, and 
shall be free from communicable diseases. 
(F). Any person who shall violate any provision 
of this act shall be fined not more than twenty-five dollars 
or imprisoned not more than ten days or both. Each viola- 
tion of any provision of this act shall constitute a separate 
offense. 
Section 880e. Beer pipe lines and barrel tubes used for 
the dispensing of alcoholic beverages in places where such 
dispensing is carried on shall be cleaned at least once each 
week, by the use of hydraulic pressure mechanism, hand 
pump suction cr a force cleaner or other system approved 
by the Food and Drug commissioner, or shall be permanently 
87 kept clean by a device approved by said commissioner. After 
cleaning, the lines shall be rinsed with clear water until 
all chemicals, if any have been used, have been removed. 
Sec. 881 e. Beer shall not be caused or permitted to flow 
through copper or lead tubing unless such copper or lead 
tubing shall be plated with tin so that the beer shall not 
come in direct contact with the copper or lead. 
Sec. 882e. Beer may be drawn by means of gas by any 
of the folowing described methods: By the use of carbon 
dioxide, or carbonic gas, or by the use of electrical, hydraulic 
or mechanical pumps. If pumps shall be used, the intake 
for such pumps shall be taken from the outside of the building 
where fresh and clear air is available, and such intake shall 
be protected by a suitable filter or filters. 
Sec. 883e. Each person, firm or corporation conducting 
a business in this state, in the operation of which is re- 
quired, by this act or any other statutory provision, the 
cleaning of beer coils or barrel tubes or the sterlization of 
receptacles in which alcoholic beverages are served, shall 
register its name, the address of its place of business and 
a statement of the methods and chemicals used in such 
cleaning, in the office of 'the Food and Drug commissioner. 
Sec. 884e. Each person, firm or corporation engaged in 
the business of cleaning beer coils and barrel tubes shall 
furnish, without charge, to each person employing it to 
clean such coils or tubes, a record card, the form of which 
shall be approved by the Food and Drug commissioner. Such 
record card shall, when correctly filled out, show the date 
of each cleaning during a period of six months and the 
method used, and shall be signed by the person who per- 
formed such cleaning operation and shall, thereinpoi be 
signed by such employer, notarized and forwarded immedi- 
ately to the Food and Drug commissioner. Such card shall 
be kept upon the permit premises during the period to which 
it applies and shall be available at all times for inspection by 
the Food and Drug commissioner and by the local enforce- 
ment officers. 
Sec. 885e. Any person who shall violate any provision 
of this act shall be fined not more than twenty-five dollars 
or imprisoned not more than ten days. 
88 REFRIGERATED LOCKERS 
CHAPTER 135 SECTION 602h 
SECTION A. When used in this act, unless the context 
otherwise requires, the following terms shall have the meanings 
hereinafter specified. “Food” shall mean articles used for 
food or drink for man or other animals; “locker” shall mean 
the individual sections or compartments of a capacity not 
to exceed twenty-five cubic feet in the locker room of a locker 
plant or branch locker plant; “locker plant” shall mean 
a location or establishment in which individual lockers are 
rented to individuals for the storage of food at or below a 
temperature of forty-five degree above zero Fahrenheit and 
having a chill room and sharp freezing facilities and facili- 
ties for cutting, preparing, wrapping and packaging foods; 
“branch locker” shall mean any location or establishment 
in which individual lockers are rented to individuals for the 
storage of food at or below a temperature of forty-five degrees 
above zero Fahrenheit,, after preparation for storage 
at a central plant; “sharp freezer” shall mean the freezing 
of food in a room in which the temperature is at zero Fah- 
renheit or lower; “operator” shall mean any person, firm 
or corporation operating or maintaining a locker plant or 
branch locker plant; “commissioner” shall mean the Food 
and Drug commissioner. 
SEC. B. No person, firm or corporation shall operate a 
locker plant or branch locker plant without obtaining from 
the Food and Drug commissioner a license for the operation 
of the same. Application for such license shall be on a form 
provided by said commissioner. All licenses shall expire 
annually December thirty-first. 
SEC. C. The license fee fcr a locker plant or branch 
locker plant shall be five dollars for a plant haying two 
hundred or fewer individual lockers, and an additional fee 
of one dollar for each additional one hundred lockers or 
fraction thereof shall be charged. 
SEC. D. The commissioner is authorized, after a public 
hearing duly called and held to> make reasonable regulations 
for the operation of refrigerated locker plants and branch 
locker plants including construction of such plants, temper- 
ature control, sanitation and such other matters as in his 
judgment may be necessary for the protection of the public 
health. 
SEC. E. For the purpose of enforcing the provisions of 
this act and the regulations promulgated hereunder, the 
89 commissioner or his authorized agents shall have free access 
at reasonable times to any locker plant or branch locker 
plant, but not to any individual locker therein*, for the 
purposes of inspection. 
SEC. F. The commissioner, after notice and hearing, may 
revoke or suspend the license issued for any locker plant or 
branch locker plant for failure by the person, firm or cor- 
poration operating the same to comply with the provisions 
pf this act or regulations promulgated under authority thereof. 
SEC. G. Any person aggrieved by the doings of the com- 
missioner under the provisions of this act may appeal 'to the 
superior court of the county in which said locker plant or 
branch locker plant is located or in which he resides, or, if 
the court is not in session, to a judge thereof, which court or 
judge may grant appropriate relief. 
SEC. H. Any person, firm or corporation which violates 
any provision of this act or regulation made hereunder, shall be 
fined not more than one hundred dollars. 
SEC. I. This act shall be known as the “Connecticut 
Refrigerated Locker Act”, and is intended in the interest of 
public health to regulate the operation of plants for the 
storage of food in individual refrigerated lockers. 
90 ADMINISTRATIVE REGULATIONS CONCERNING 
THE OPERATION OF REFRIGERATED LOCKER 
PLANTS 
A. All frozen food locker plants, branch locker plants, pro- 
cessing rooms and aging boxes, shall be maintained in 
a clean, sanitary and orderly manner. 
Adopted March 6, 1946 
B. Rooms used for the cutting, packing and processing 
of foods shall be properly screened to exclude flies dur- 
ing the fly season. 
1. No toilet shall open directly into any room used for 
the cutting, packing or processing of food. 
2. Each processing room shall be provided with a 
suitable sink and an adequate supply of running 
hot and cold water for washing and sterilizing equip- 
ment. 
3. Bones, scraps, and other refuse shall be kept in 
suitable containers and removed daily from the 
processing room. 
4. Clean, washable outer garments shall be worn by 
all persons working in a processing room. 
5. The operator shall see that no person afflicted with 
a communicable or contagious disease shall be al- 
lowed to work in any processing room and that the 
personal hygiene of all persons so engaged shall 
be such as to meet the approval of the commissioner. 
6. The outside surroundings of all processing rooms, as 
well as 'the locker-plant itself, shall be maintained 
in a clean sanitary manner. 
C. The temperature of refrigerated locker rooms shall be 
maintained at a temperature of 0° to plus 5° F. except 
in cases of unusual circumstances beyond the temporary 
control of the operator. 
1. Sharp freezing compartments, or sharp freezing plates, 
when used for the purpose of quick freezing foods 
shall be maintained at approximately 20° below zero 
F., plate temperature. 
2. Aging: rooms shall be maintained at a temperature 
of 37° above zero P. with a tolerance of 5° above 
or below, except where adequately (protected by 
bacteria control equipment. 
91 D. Not later than January 1, 1947, each locker room in a 
locker plant, or branch locker plant, shall be equipped 
with an accurate recording themometer. 
1. Each such recording thermometer shall be equipped 
with a chart perforator and chart so used shall de- 
signate the operating range of at least 10° above 
and 10° below zero in graduation of 1° so that 
accurate temperature readings can be made. 
2. The bulb of all recording thermometers shall be 
installed so as to indicate the temperature at the 
warmest levels of the locker room and in general shall 
be located in the upper third of the distance from 
floor to ceiling. Sa'id bulb shall not be placed in a 
direct bast of air from a cooling unit or cooling coil 
or other heat exchange device or near the entrance 
door. The temperature accuracy of the recording 
thermometer shall be checked at the time of in- 
stallation and thereafter periodically by plant op- 
erator. The inspector shall, likewise, check the tem- 
perature accuracy of the recording thermometer at 
the time an inspection is made. 
3. All recording thermometer charts shall be dated show- 
ing the date covered by each chart and shall be kept 
on file for inspection by the Commissioner for a period 
of one year. 
4. Electric clocks or hand-wound clocks as well as 24 
hour or 7 day charts for all recording thermometers 
may be optional and left to the discretion of the op- 
erator. 
# 
E. The operator of each frozen food locker plant, or branch 
locker plant, shall provide suitable means of safety for 
patrons entering locker rooms. 
1. All locker rooms shall be equipped with a bell, buz- 
zer, phone, or other similar device to insure the safe 
exit of persons visiting said locker rooms. 
92 SALE OF INEDIBLE EGGS 
(Chapter 107. Sec. 487h) 
(b) The sale of inedible eggs, as defined under the Federal 
Food, Drug and Cosmetic Act, or incubated eggs, is prohibited, 
except that incubated eggs may be sold as commercial feed 
or for other commercial purposes other than human con- 
sumption, provided such incubated eggs are broken and de- 
natured on the premises where incubated, in a manner ap- 
proved by the Food and Drug Commissioner. 
Subsection (b) of section 487h shall be administered by 
the Food and Drug commissioner as provided under section 
490h. 
93 SALE OF MOLASSES AND VINEGAR 
CHAPTER 135 
Sec. 2455. Adulteration of Molasses. Any person who 
shall adulterate molasses, or who shall sell, offer or expose 
for sale, or solicit or receive an order for the sale or de- 
livery of within this state or for delivery of without this 
state for shipment into this state, any molasses adulterated 
with salts cf tin, terra alba, glucose, dextrose, starch, sugar, 
corn syrup or other preparation of or from starch, shall be 
fined not more than five hundred dollars or imprisoned not 
more than one year or both. The delivery of any of the 
above-mentioned preparations, upon an order solicited or re- 
ceived within this state, shall be conclusive evidence that 
the order upon which such delivery was made was for such arti- 
cles and shall render the person soliciting or receiving such 
order liable to the penalty above prescribed. 
Sec. 2456. Impure Vinegar. No person shall make, sell 
offer or expose for sale or exchange or solicit or receive any 
order for the sale or delivery within the state, or for de- 
livery without the state for shipment into the State of; (1) 
Any vinegar, as cider, vinegar, not wholly produced from the 
juice of apples; (2) any vinegar or article sold or to be 
sold as vinegar, to which has been added any drug, or any 
hurtful or foreign substance, or any coloring matter, or any 
acid; or (3) any vinegar not having an acetic acidity equiv- 
alent therein of net less than four per centum by weight of 
absolute acetic acid and, in case of cider vinegar, not less 
than one and six tenths per centum by weight of cider vine- 
gar solids upon full_ evaporation over boding water. Any 
person who shall violate any provision of this section shall be 
fined not more than fifty dollars for a first offense, and for 
a subsequent offense shall be fined not more than one hun- 
dred dollars or imprisoned not more than thirty days or both. 
The delivery of any of the above-mentioned articles upon an 
order solicited or received within the state shall be conclusive 
evidence that the order upon which such delivery was made 
was for such articles. 
Sec. 2457. Sale of Vinegar Regulated. No person shall 
make and sell, or make and offer for sale, any vinegar with- 
out, conspicuously branding, stenciling or painting, upon the 
head of the barrel, cask, keg or package containing the same, 
the name of the maker, his residence, the place of manufacture 
and the true name of the kind of vinegar contained therein 
as “cider vinegar”, “wine vinegar”, “malt vinegar” or “wood 
94 acid vinegar”. The provisions of this section shall not apply 
•to retail sales at the place of manufacture in quantities of 
less than five gallons and in open packages. Any person 
who shall violate any provision of this section shall be fined 
not more than fifty dollars for the first offense and for each 
subsequent offense not more than one hundred dollars. 
SALE OF EQUINE MEAT IN PUBLIC EATING 
PLACES 
(Chapter 135. Sec- 519g.) 
No person, firm or corporation conducting a public eat- 
ing place shall sell or offer for sale for human consumption 
any food containing equine meat or equine meat products, 
in whole or in part, without indicating such contents on each 
item thereof, or after each item thereof on the menu or 
bill of fare, in the same size print or writing as the largest 
size print or writing used in naming or describing such food. 
The provisions of this section shall be under the control and 
supervision of the Food and Drug commissioner. Any per- 
son, or the responsible agent of any firm or corporation, 
who violates any provision of this section shall be fined not 
more than one thousand dollars or imprisoned not more 
than one year or both. Effective May 5, 1943. 
95 LICENSING OF MANUFACTURERS AND WHOLESALERS 
OF DRUGS BY THE COMMISSIONER OF 
FOOD AND DRUGS 
PUBLIC ACT 334, 1947 
Section 1. As used in this act, the word “wholesaler” shall 
mean a person who manufactures, bottles, packs or purchases 
drugs, medical devices or cosmetics for the purpose of resell- 
ing to retailers; the word “manufacturer” shall mean a per- 
son who manufactures, bottles or packs drugs, medical de- 
vices or cosmetics for the purpose pf selling to wholesalers 
or retailers. The words “drugs,” “devices” and “cosmetics” 
shall have the meanings ascribed to them in section 887e of 
the 1939 supplement to the general statutes, as amended, 
by section 436f of the 1941 supplement. 
Sec. 2, No wholesaler or manufacturer shall operate as 
such until he has received a certificate of registration issued 
by the Commissioner of Food and Drugs, which certificate shall 
be renewed annually. A fee of fifty dollars shall be charged 
for each such certificate and renewal thereof. No such cer- 
tificate shall be issued to a manufacturer unless such drugs, 
medical devices or cosmetics are manufactured or compounded 
under the direct supervision of a licensed pharmacist or a 
qualified chemist, nor to a wholesaler unless such drugs, med- 
ical devices or cosmetics are dispensed under the direct super- 
vision of a licensed pharmacist or a qualified chemist. 
Sec. 3. No manufacturer or wholesaler shall sell any drugs 
except to the state or any political subdivision thereof, to 
any hospital or dispensary, to a practicing physician, dentist 
or veterinarian or to a licensed pharmacy or a store to which 
a permit to sell proprietary and patent medicines has been 
issued as provided in sections 1148c and 1149c of the 1935 
supplement to the general statutes. 
Sec. 4. Any person who violates any provision of this 
act shall be fined not more than five hundred dollars or im- 
prisoned not more than six months or both. 
Sec. 5. This act shall take affect July 1, 1947. 
96 DISTRIBUTION OF DRUGS AND POISONS 
CHAPTER 135, GENERAL STATUTES 1930 
Sec. 2460. Distribution of Drugs and Poisons. Any per- 
son who shall, by himself, or his servant or agent, distribute 
or give away in any street or highway or from house to house, 
any bottle, box, envelope or package containing any liquid 
medicine, or any pill, powder, tablet or other article, which 
shall contain any drug or poison, shall be fined not more 
than fifty dollars or imprisoned not more than one year or 
both. 
FALSE ADVERTISING 
CHAPTER 332, GENERAL STATUTES 1930 
Sec. 6375. Untrue and Misleading Advertisements. Any 
person, firm or corporation or association, or any agent or 
employee thereof, who, with intent to sell or dispose of mer- 
chandise, real estate, securities or service or to induce the 
public to enter into any obligations relating thereto, shall 
make, publish, circulate or place before the public, in a 
newspaper, magazine or other publication or in form of a 
book, notice, circular, pamphlet, letter, handbill, poster, bill, 
sign, placard, card, label or tag, any advertisement or state- 
ment regarding merchandise, real estate, securities or ser- 
vice, which advertisement or statement shall contain anything 
untrue, deceptive or misleading, shall be fined not more than 
one thousand dollars. 
97 SALE OF WOOD ALCOHOL 
CHAPTER 147 
GENERAL STATUTES 1930 
Sec. 2674. Sale and Use of Art'cles Containing Wood 
Alcohol. Any person who shall sell, exchange, offer for 
sale or exchange or deliver to another, any wood alcohol, 
known as methyl alcohol, shall affix to the vessel or container 
holding the same a label bearing the words “wood alcohol, 
poison”, printed or written thereon in letters not less than 
one-fourth of an inch in height. No person shall sell, exchange, 
offer for sale or exchange, or deliver, or have in his possession 
with intent to sell, exchange or deliver, any article of food 
or drink, or any drug intended for external or internal use 
on or within the human body, or any perfume or toilet article, 
containing any wood alcohol known as methyl alcohol. Any 
person violating any provision of this section shall be fined 
not more than five hundred dollars or imprisoned not more 
than six months or both. The Food and Drug commissioner 
shall cause a prosecution to be instigated for any violation 
of the provisions of this section. 
98 ADULTERATION OF TURPENTINE 
CHAPTER 135 
Sec. 2461. Adulteration of Turpentine. No person, firm 
or corporation shall manufacture, mix for sale, offer or 
expose for sale, or have in his or its possession with intent 
to sell, or sell, under the name of turpentine or spirits of 
turpentine, any article not wholly distilled from rosin, tur- 
pentine gum or scraping's from pine trees, and unmixed and 
unadulterated with oil, benzine or any other substance, un- 
less the package containing the same shall be labeled “Adul- 
terated Spirits of Turpentine”. Nothing herein contained 
shall be construed as prohibiting the manufacture or sale of 
such compound or imitation, provided the package contain- 
ing the same shall be plainly marked as such. Any package 
in which such turpentine is delivered shall be plainly marked 
“Adulterated Spirits of Turpentine”. The Food and Drug 
commissioner and the director of the Connecticut Agricul- 
tural Experiment Station, acting jointly, shall enforce the 
provisions of this section. Said commissioner and his as- 
sistants, deputies, experts, chemists or official agents shall 
have access to all places of business and buildings where 
turpentine is kept for sale or stored, and shall have author- 
ity to open any receptacle supposed to contain turpentine, 
inspect the contents and take samples thereof for analysis. 
Any person who shall violate any provision of this section, 
or any member of a partnership or officer of a corporation 
who shall authorize or direct any such violation, shall be 
fined not more than one hundred dollars for the first offense 
and not less than one hundred nor more than two hundred 
dollars for the second offense and shall be fined not more 
than five hundred dollars or imprisoned not more than thirty 
days or both for the third offense. Prosecutions for such 
violations shall be conducted pursuant to the provisions of 
section 2440. 
99 INSECTICIDES AND FUNGICIDES 
(Chapter 137 
Sec. 2501. The term “insecticide” shall include any sub- 
stance, or mixture of substances intended to destroy or repel 
insects. The term “Paris green” shall include the product com- 
mercially known as Paris green and chemically known as 
acetoarsenite of copper. The term “lead arsenate” shall include 
the products commercially known as lead arsenate consisting 
chemically of products derived from arsenic acid (H3As04) by 
replacing one or more hydrogen atoms by lead. The term 
“fungicide” shall include any substance or mixture of sub- 
stances intended to lessen the growth of or destroy fungi. 
Sec. 2502. Paris green shall be deemed adulterated; (a) 
When it shall not contain at least fifty per centum of arsenious 
oxide (As203) ; (b) when it shall contain arsenic in water- 
soluble forms equivalent to more than three ana one naif per 
centum arsenious oxide (As203) ; or (c) when any substance 
ate, not dry or powdered, shall be deemed adulterated: (a) 
shall have been mixed and packed with it so as to reduce, 
lower or injuriously affect its quality or strength. Lead arsen- 
When it shall contain more than fifty per centum of water; 
(b) when it shall contain total arsenic equivalent to less than 
twelve and one-half per centum arsenic oxide (As206); (c) 
when it shall contain arsenic in water-soluble forms equivalent 
to more than seventy-five one-hundredths per centum arsenic 
oxide (As205) ; or (d) when any substance shall have been 
mixed and packed with it so as to reduce, lower or injuriously 
affect its quality or strength; provided lead arsenate and 
mixture shall be labeled lead ax-senate and water and the per- 
ture shall contain more than fifty per centum of water if such 
water shall not be deemed to be adulterated when such mix- 
centage of water shall be plainly and correctly stated on the 
label. Dry or powdered lead arsenate shall be deemed adulter- 
ated when it shall contain total arsenic equivalent to less than 
twenty-five per centum of arsenic oxide (As205) and arsenic 
in water soluble forms equivalent to more than one and one- 
half per centum of arsenic oxide (As206). Insecticides and 
fungicides other than Paris green and lead arsenate shall be 
deemed adultei’ated: (a) When the strength or purity shall 
fall below the standard or quality under which it shall be sold; 
(b) when any substance shall have been substituted wholly 
or in part for the article described; (c) when any valuable 
constituent of the ax-tide shall have been wholly or in part 
abstracted; or (d) when it shall be intended for use on vegeta- 
tion and shall contain any substance which, although destroy- 
100 ing or repelling insects or lessening the growth of or destroy- 
ing fungi, shall be injurious to vegetation upon which it may 
be used. 
Sec. 2503. The term “misbranded” as used in this act, 
shall apply to any insecticide or fungicide, or any article which 
shall enter into the composition of any insecticide or fungicide, 
the package or lable of which shall bear any statement design 
or device regarding such article or any ingredient or substance 
contained therein which shall be false or misleading in any par- 
ticular, including any statement, design or device which shall 
be false or misleading as to the place of manufacture thereof. 
Any insecticide other than Paris green or lead arsenate, and 
any fungicide shall be deemed misbranded: (a) When it shall 
contain arsenic in any of its combinations or in the elemental 
form and the amount of arsenic present shall not be stated on 
the label as thp per centum of metallic arsenic; (b) when it 
shall contain arsenic in any of its combinations or in the ele- 
mental form and amount of arsenic in water-soluble forms 
shall not be stated on the label as the per centum of metallic 
arsenic; (c) when it shall consist partially or completely of 
any inert ingredient which shall not destroy or repel insects 
or lessen the growth of or repel insects or lessen the growth 
of or destroy fungi and shall not have the name and per- 
centage amount of each of such inert ingredients plainly and 
correctly stated on the label; provided, in lieu of naming and 
stating the percentage amount of each inert ingredient, the 
producer may, at his discretion, state plainly on the label the 
correct name and percentage amount of each ingredient of 
the insecticide or fungicide having insecticidal or fungicidal 
properties, and make no mention of the inert ingredients 
except to state the total percentage thereof. 
Sec. 2504. The Food and Drug commissioner and the direc- 
tor of the Connecticut Agricultural Experiment Station, acting 
jointly, shall make all necessary rules and regulations for 
carrying out the provisions of this act, such rules and reg- 
ulations to conform, where possible, to the rules and regula- 
tions of the government of the United States authorized by 
the federal insecticide act of 1910. Upon complaint or infor- 
mation of a violation of any provision of this act, submitted 
by the Connecticut Agricultural Experiment Station, said com- 
missioner and said director shall hold a hearing thereon, giving 
reasonable notice and opportunity to any person accused of 
any violation hereof to be present and be heard. If said com- 
missioner and said director shall be of the opinion that any 
person shall have committed a violation of any provision of 
this act, they shall place all evidence thereof which they shall 
have secured with any prosecuting authority having juris- 
diction; but no person shall be penalized under the provisions 
101 of this act for selling or offering for sale any article of insect- 
icide or fungicide in the original unbroken package in which 
it was received by him, provided he shall establish a guaranty 
by the wholesaler, jobber, manufacturer or other person resid- 
ing in the United States, from whom any such article shall 
have been purchased, that such article is not adulterated or 
misbranded within the meaning of this act, which guaranty 
shall contain the name and address of the guarantor, but such 
guarantor shall be amenable to prosecution and penalties. 
Sec. 2505. Manufacture and sale. Penalty. Any person who 
shall manufacture, sell or offer or expose for sale any Paris 
green, lead arsenate or other insecticide or any fungicide which 
is adulterated or misbranded, or who shall violate any other 
provision of this chapter, shall be fined not more than two hun- 
dred dollars for the first offense and not more than three hun- 
dred dollars for each subsequent offense. 
Sec. 2506. The Connecticut Agricultural Experiment Sta- 
tion or the Food and Drug commissioner, or both, or their dep- 
uties, may, upon tendering the market price thereof, take dup- 
licate samples from any lot, parcel or package of insecticide 
or fungicide which may be in the possession of any person. 
Each such sample shall be taken in the presence of the owner 
or his representative, and shall be sealed and properly marked 
for identification. One of such sample shall be left with the 
person from whom taken and the other shall be retained by the 
official taking the same. The Connecticut Agricultural Exper- 
iment Station shall annually analyze at least one sample of 
each brand of insecticide or fungicide so collected and such 
analysis shall include determinations of the active ingredients 
which the article contains, with such other determinations as 
may be deemed advisable. Results of such analyses shall be 
published in the bulletins of said Connecticut Agricultural 
Experiment Station,; with such inforipa'tion regarding the 
character, composition and use thereof as may be of interest 
or importance. Such bdletins shall be issued annually or at 
such other intervals as may be deemed advisable. 
102 RULES AND REGULATIONS FOR CARRYING OUT 
THE PROVISIONS OF THE INSECTICIDE 
AND FUNGICIDE LAW 
By authority of Section 2504, Chapter 137, General Statutes, 
Revision of 1930, the following rules and regulations have 
been adopted for carrying out the provisions of the act. 
As further provided in said Section these rules and regula- 
tions conform, so far as possible, to those promulgated by the 
Production and Marketing Administration of the United States 
Department of Agriculture for the enforcement of the Federal 
Insecticide Act of 1910. 
Sections cited under each regulation refer to the section of 
the State law wherein the term defined, or the clause inter- 
preted, occurs; and the citation following each regulation re- 
fers to the Federal regulation which corresponds thereto. 
JAMES G. HORSFALL 
Director of the Conn. Agricul- 
tural Experiment Station. 
FREDERICK HOLBROOK 
Food aiid Drug Commissioner. 
Regulation 1. Terms Defined. 
(a) “Package” includes the carton, box, barrel, or other re- 
ceptacle into which an insecticide or fungicide, Paris green, or 
lead arsenate is placed for use, handling, removal, shipment, or 
conveyance; a single container of such article or articles or 
several containers packed together, including both the immed- 
iate container or the material and the box carton, or other 
container (if any) in which it is enclosed or displayed. 
“Unbroken package” and “original unbroken package” means 
the original package delivered by the shipper to the carrier at 
the initial point of shipment and also the unit package as 
ordinarily displayed on the shelves of the retail dealer or 
distributor. 
(b) “Label” includes any legend and descriptive matter 
or design printed, stencilled, stamped, seared, or impressed up- 
on the article or its container or wrapper, and also includes any 
circular pamphlet, or other descriptive matter packed with or 
accompanying the article at any time while such article is in 
intrastate commerce, and such letters, circulars, pamphlets, 
and other descriptive matter to which reference is made, either 
on the label attached to the package or on the package itself, 
or any circular, pamphlet, or other descriptive matter accom- 
panying the package in intrastate commerce. 
(c) “Insect” means any of the numerous small invertebrate 
animals generally having the body more or less obviously seg- 
103 merited, for the most part belonging to the class Insecta, com- 
prising six-legged, usually winged forms, as, for example, 
beetles, bugs, bees, flies, and to other allied classes of arth- 
ropods whose members are wingless and usually have more 
than six legs, as, for example, spiders, mites, ticks, centipedes, 
and wood lice. 
(d) “Fungi” means all nonchlorophyll-bearing plants of a 
lower order than mosses and liverworts (i. e. nonchlorophyll- 
bearing thallophytes), as, for example, rusts, smuts, mildews, 
molds, yeasts, and bacteria. (F. R. 161.2.) 
Statements on Labels must conform to the following require- 
ments : 
Regulation 2. Labeling. 
(a) To be in English language.—All words, statements, 
and other information required by the act to appear on the 
label shall be in the English language. 
(b) Ingredient statement.—The ingredient statement, 
where required on the labels of insecticides and fungicides, 
shall: (1) be placed on that part of the label of each individual 
package or container (also on the carton or outer container, 
if there is one) which is presented or displayed under custom- 
ary conditions of purchase; (2) run parallel with other printed 
or reading matter on the label; (3) not be materially less con- 
spicuous than other word, statement, or information on the label 
(4) be on a clear, contrasting background and not obscured by 
designs or vignettes, or crowded with other written, printed, 
or graphic matter; (5) give the specific names by which the 
ingredient is commonly known, other than a trade name or 
collective name, or, if it does not have such a name, its correct 
chemical name; (6) give equal prominence to the names of 
the ingredients where more than one is present; (7) give 
single values for the percentages of the ingredients and shall 
not use a sliding scale form of statement; and (8) shows the 
term “Inert Ingredient” in type and position equally as con- 
spicuous as the term “Active Ingredient” when both these 
terms are used. 
(c) Phenol coefficient statement.—If a label of a disinfec- 
tant bears a phenol coefficient statement it shall not be in a 
sliding scale form. 
(d) False and misleading statements. —The use of any 
false or misleading statement on any part of the label or label- 
ing, given as the statement or opinion of an expert or other 
person or based on such statement or opinion, shall not be just- 
ified, nor may such statement be justified by any descriptive 
matter explaining the use of the false or misleading statement. 
104 Any statement on the label or labeling, either directly or 
indirectly implying that the product is recommended or en- 
dorsed by any agency of the Federal or State Government, 
is considered misleading. 
(e) When labels are required.—Whenever, by the terms 
of the act, information is required to be on the label of an 
insecticide or fungicide, a label must be placed on the article 
or its container in order that the statement can be made. The 
omission of a label will not excuse the absence of the required 
statement. 
(f) Name and address of manufacturer. The name of 
the manufacturer or producer or the place of manufacture 
need not be given upon the label, but, if given, it must be the 
true name and true place. The words “Packed for 
“Distributed by ,” or some equivalent phrase, shall be 
added to the label in case the name which appears upon the 
label is not that of the actual manufacturer or producer (F. R. 
161.12.) 
Section 2506 of the General Statutes provides that duly 
authorized agents of the Connecticut Agricultural Experiment 
Station or of the Food and Drug Commissioner may take du- 
plicate samples of any insecticide or fungicide upon tendering 
the market price thereof. 
Reflation 3. Collection Of Samples. 
Such samples shall be representative of the lot or parcel 
sampled. In the case of bulk goods the sample shall be divided 
in two parts each sealed, dated and marked for identification. 
In case of goods in package form, if each package be 2 pounds 
or less in weight or 1 quart or less in volume, two packages 
may be taken each sealed, dated and marked for identification. 
If packages are more than 2 pounds in weight or more than 
1 quart in volume, a sample may be taken in whatever way 
is most practicable, divided into two parts, each sealed, dated, 
and marked for identification. In all cases one of the duplicate 
samples shall be delivered by the sampling agent to the Con- 
necticut Agricultural Experiment Station for analysis and the 
other left with the person whose stock is sampled. 
Regulation 4. Methods of Examining Samples. 
The methods of examining samples shall be those adopted 
and published by the Association of Official Agricultural 
Chemists (where applicable), and such other methods as may 
be necessary to determine whether or not the product and its 
labeling are in compliance with the law. These methods may 
include chemical, microscopical, physical, and bacteriological 
methods, and tests in orchard, field, garden and greenhouse, 
105 on animals, in or about premises, in cages, in the laboratory, 
and in such other places as may be necessary. (F. R, 161.6.) 
Guaranty against adulteration and misbranding. The follow- 
ing provisions apply to the furnishing and use of the guaranty: 
Regulation 5. Guaranty. 
(a) To dealer.— Any wholesaler, manufacturer, jobber or 
other person residing in the United States may furnish to any 
person, to whom he sells any insecticide, Paris green lead arsen- 
ate, or fungicide, a guaranty that such article is not adulter- 
ated or misbranded within the meaning of the act. 
(b) Essential wording Each guaranty to afford protec- 
tion shall be signed by, and shall contain the name and ad- 
dress of the wholesaler, manufacturer, jobber, or other person 
residing in the United States who sold the article and it shall 
be stated in the guaranty that such article or articles are not 
adulterated or misbranded within the meaning of the act. The 
guaranty shall not appear on the labels or packages. 
(c) Holder not to be prosecuted.—No dealer in insecticides, 
Paris greens, lead arsenates, or fungicides will be liable to 
prosecution if he can establish that the articles were sold un- 
der a guaranty given in compliance with the regulations in 
this part. (F. R. 161.15.) 
Testing and Labeling Disinfectants 
CHAPTER 138 
Sec. 2517. Testing and Labeling Disinfectants. The recep- 
tacle containing any disinfectant for external use, the phenol 
co-efficient of which can be determined by a bactericidal test, 
manufactured, sold or offered for sale within the state, shall 
bear a label showing the carbolic acid co-efficient or relative 
germicidal value of such preparation as compared with pure 
carbolic acid. The relative germicidal value of a disinfectant 
shall be determined by the application of either the Rideal- 
Walker or the hygienic laboratory method. Any such disinfec- 
tant shall be misbranded if the statement contained on the 
label shall be false. Any person who shall misbrand any disin- 
fectant within the meaning of this section or shall sell or offer 
the same for sale shall be fined not more than one hundred 
dollars or imprisoned not more than sixty days or both. 
106 COMMERCIAL FEEDING STUFFS 
Chapter 239 
Sec. 4717. Definitions. The te,rm “concentrated com- 
mercial feeding stuffs”, within the meaning of this chapter, 
shall include linseed meals, cottonseed meals, pea meals, bean 
meals, coconut meals, gluten meals, gluten feeds, dried brewers, 
grains, dried distillers’ grains, malt sprouts, dried beet pulp, 
hominy feeds, cerealine feeds, rice meals, alfalfa meals, oat 
feeds, corn and oat chop, corn and oat feeds, scratch feeds, 
digestor tankage, ground meat scraps, ground fish scraps, 
mixed feeds, provenders, bran, middlings and mixed feeds made 
wholly or in part from wheat, rye or buckwheat, and all ma- 
terials of a similer nature intended for the feeding of domes- 
tic animals, including poultry; but shall not include hays, 
straws, corn stover, ensilage, whole grains or the unmixed 
meals made directly from the whole grains of wheat, rye, 
barley, oats, Indian corn, broom corn, buckwheat and flaxseed, 
or feed ground from whole grain and sold directly from the 
manufacturer to the consumer. The term “importer” shall in- 
clude such persons as shall bring into or offer for sale within 
this state concentrated commercial feeding stuffs manufac- 
tured without this state. 
Sec. 4718. Package To be Marked. Each lot or parcel 
of concentrated commercial feeding stuff sold or offered or 
exposed for sale shall have conspicuously affixed thereto a 
plainly printed statement certifying (1) the number of net 
pounds of feeding stuff contained therein, (2) the name, brand 
or trademark under which the article is sold, (3) the name and 
address of the manufacturer or importer, (4) a statement of 
the minimum percentages of (a) crude protein, (b) crude fat 
and (c) the maximum percentage of crude fibre contained 
in the feeding stuff, all constituents to be determined by the 
methods adopted by the Association of Official Agricultural 
Chemists of the United States and in force at the time and 
(5), in the case of feeds composed of two or more ingredients, 
the name of each ingredient contained therein; provided such 
statement shall not be affixed by wire or other metallic device, 
and provided, in the case of cottonseed meal which shall be 
sold for fertilizer or in the case of any concentrated feeding 
stuff sold in bulk, the dealer may issue, in lieu of the printed 
statement herein described, a certificate which shall contain 
the information required by this section. 
Sec. 4719. Certificate Required and Registration Fee. 
Before any concentrated commercial feeding stuff shall be 
sold or offered or exposed for sale in this state, the person 
who shall cause it to be sold or offered or exposed for sale 
shall file with the Connecticut Agricultural Experiment Station 
107 two certified copies of the statement prescribed in the preced- 
ing section on forms supplied by it, and shall pay a registration 
fee of fifteen dollars for each brand to be sold or offered or ex- 
posed for sale in this state. Such registration shall expire on the 
first day cf the following January and may be annually renewed 
upon payment of a like fee and the filing of like statements. 
When any feeding stuff shall have been registered and the 
fee paid thereon, the director of said station shall issue a cer- 
tificate of registration for such feed, and a list of the brands 
so registered shall be published annually in the station report. 
Fees so paid to said station shall be used toward defraying the 
expense of inspection. Whenever registration and payment 
as prescribed herein shall have been made on any brand of 
feeding stuff by any person, no other person shall be required 
to register such brand or to pay a registration fee thereon. The 
director may refuse registration of any feeding stuff, or may 
cancel any registration which shall have been made, if it shall 
appear or shall be found that all the provisions of this chapter 
have not been fulfilled, or if the feeding stuff shall bear any 
statement, design or device which shall be false or misleading 
in regard to the materials of which it is composed. No feeding 
stuff on which registration shall have been refused or cancell- 
ed shall be sold or offered or exposed for sale in this state. 
Sec. 4720. Analysis, How Made. The Connecticut Agricul- 
tural Experiment Station may collect a sample, not exceeding 
two pounds in weight, for analysis, from any lot, parcel or 
package of concentrated commercial feeding stuff or unmixed 
meals, br*ans or middlings, which may be in the possession of 
any manufacturer, importer, agent or dealer, but such sample 
shall be taken in the presence of the parties in interest or their 
representatives, and taken from a number of parcels or pack- 
ages which shall not be less than five per centum of the whole 
lot inspected, and shall be thoroughly mixed, divided into two 
samples, placed in glass vessels or other suitable containers, 
carefully sealed and a label placed on each stating the name 
or brand of the feeding stuff or material sampled, the name of 
the party from whose stock the sample was taken and the time 
and place of taking the same. Such label shall be signed by 
the station chemist or his deputy and one of such samples shall 
be retained by such chemist or his deputy and the other by the 
party whose stock shall have been sampled. Said station shall 
cause at least one sample of each brand of feeding stuff so 
collected to be analyzed annually by or under the direction 
of such chemist. Such analysis shall include a determination 
of crude fat, crude protein and crude fibre and any such other 
determination as may be advisable. Said station shall cause 
the analysis so made to be published in station bulletins, to- 
gether with such additional information in relation to the char- 
108 acter, composition and use thereof as may be of importance 
and shall issue the same annually or more frequently if ad- 
visable. 
Sec. 4721. Enforcement. The Food and Drug commissioner 
shall enforce the provisions of this chapter and, when evidence 
shall be submitted by the Connecticut Agricultural Experiment 
Station that any provision of sections 4718 and 4719 have been 
violated, he shall make complaint to the prosecuting officer 
having jurisdiction. 
Sec. 4722. Penalty. Any manufacturer, importer, agent or 
person selling or offering or exposing for sale any concentrat- 
ed commercial feeding stuff in relation to which all the pro- 
visions of sections 4718 and 4719 shall not have been complied 
with, shall be fined not more than one hundred dollars for 
the first offense and not more than two hundred dollars for 
each subsequent offense. 
109 Regulation 1. Feeds Not Classed As Concentrated 
Commercial Feeding Stuffs 
(Sec. 4717) 
REGULATIONS 
It is held that the law exempts from classification as con- 
centrated commercial feeding stuffs, and therefore from reg- 
istration: (1) roughages such as hays, straws, corn stover and 
ensilage; (2) whole grains and mixtures thereof; (3) meals 
made from whole grains when not mixed with other materials 
or with each other; (4) feed ground from whole grain and 
sold by the manufacturer directly to the consumer; and (5) 
feed mixed according to a formula furnished by the consumer, 
for his own use. 
Under clause (2), above, registration will not be required 
for mixtures in which the ingredients, excepting corn, are 
whole grains. Corn, if present, may be whole or cracked. 
Clause (4) refers to feed ground from materials furnished 
by the consumer. 
Under clause (5) feed is regarded as “mixed to order" and 
must be so tagged together with the name of the customer for 
whom it is mixed, or otherwise identified to distinguish it from 
regular brands offered for general sale. Such feed must be 
sold only to the customer for whom it was mixed; if sold to 
others it becomes a regular brand and subject to registration 
and other provisions pertaining to feeds in general. 
Regulation 2. Method of Labeling 
(Sec. 4718) 
All concentrated commercial feeding stuffs, other then vit- 
amin D carriers, must be labelled either by a statement printed 
on the bag or upon a properly attached tag; in the case of con- 
centrated feeding stuff sold in bulk, a certificate which shall 
contain the information otherwise required to appear upon the 
bag or upon the tag, may be issued by the dealer in lieu there- 
of. 
The use of wire or any metal in affixing tags is prohibited 
by law. 
The law requires a statement of (1) the net weight of the 
feed contained in the package; (2) the name, brand or trade- 
mark, under which the feed is sold; (3) name and address of 
the manufacturer or importer; (4) the minimum percentages 
of (a) crude protein and (b) crude fat, and the maximum 
percentage of (c) crude fiber contained in the feed; (5) the 
separate ingredients of which the feed is composed. 
110 While the law requires only a statement of the items enum- 
erated above no objestion will be raised to more complete 
statements of chemical composition or formula. 
Vitamin D carriers are required to be registered in the same 
manner and under the same conditions as obtain for feeds in 
general. 
Regulation 3. Concerning Vitamin D Carriers 
Information to be given on labels and in applications for 
registration is (1) name of product; (2) vitamin D potency 
in terms of A. 0. A. C. chick units per gram; (3) name and 
address of manufacturer, distributer or other person respon- 
sible for the product; and, (4) on the label, a statement of net 
weight or volume. 
The A. O. A. C. chick unit is the vitamin D activity produced 
by one U. S. Pharmacopoeia unit of vitamin D from the U. S. 
P. “Reference Cod Liver Oil”, determined by the method of 
assay adopted by the Association of Official Agricultural 
Chemists. 
Cottonseed meal, linseed meal, soybean meal, and other 
vegetable feeds that are sold as fertilizer, are required to be 
registered under the provisions of the fertilizer law in addi- 
tion to registration as feeds. If sold exclusively for one or the 
other of these purposes, the articles may be registered only 
under the law which applies. 
Regulation 4. Concerning Cottonseed Meal, Etc. 
For such of these articles as are used for fertilizer purposes 
chiefly or entirely as sources of nitrogen, only nitrogen (or 
protein) need be declared in the application for registration as 
fertilizer; and the tags or labels generally attached to such 
articles when intended for feeding purposes will be acceptable 
for them when sold as fertilizer. 
Regulation 5. Duties of Manufacturers, Jobbers and 
Dealers with Reference to Registration 
(Sec. 4719) 
All concentrated commercial feeding stuffs, including vita- 
min D carriers, must be registered with the Connecticut Agri- 
cultural Experiment Station annually on January 1, or before 
they are offered for sale. Registration blank forms are sup- 
plied by the Station. 
Manufacturers, jobbers or individuals shipping feeds into 
Connecticut will be expected to register their brands and pay 
the necessary fees thereon. Connecticut dealers should assure 
themselves that the brands they handle are properly registered 
and labelled. In case the manufacturer or jobber outside the 
111 State neglects or refuses to register, the dealer who handles 
such feeds will be held responsible for such registrations, reg- 
istration fees and other legal requirements. 
Dealers within the State who mix their own brands are re- 
sponsible for the registration and proper labelling thereof. 
Regulation 6. Definitions of Terms Used in the Law, 
and of Other Terms 
Person. The term “person” is accepted as defined in Gen- 
eral Statutes, Section 2432; it imports the singular or the 
plural as the case demands; and includes corporations, com- 
panies, societies and associations. 
Importer. The term “importer” is defined in the act. 
Brand. It is held that a distinct brand name, or a distinct 
analysis, constitutes a distinct brand. 
Definitions for Feeding Stuffs. The definition and stand- 
ards for feeding stuffs adopted from time to time by the 
Association of Feed Control Officials of the United States 
are accepted as official in carrying out the provisions of this 
law; and the rules and regulations as adopted by that associa- 
tion are accepted as far as possible and when not inconsistent 
with the Connecticut Statutes. 
Regulation 7. Methods of Analysis 
(Sec. 4718) 
The methods of analysis employed shall be those prescribed 
by the Association of Official Agricultural Chemists, where- 
ever such methods have been adopted for the determinations 
desired. 
Regulation 8. Concerning Medicated Feeds and 
Mineral Mixtures 
The law does not include medicated products used as “con- 
ditioners” for stock and poultry, and which consist essentially 
of substances possessing or claimed to possess, medicinal or 
condimental properties; nor does it include products consisting 
of supplemental minerals. 
Regulation 9. Feeds in Different Physical Forms 
The same feed offered in different physical forms, e. g., 
mash and pellets, requires but one registration. 
Regulation 10. Revisions and Substitutions of Registrations 
A feed registration after being filed may be revised without 
payment of an extra registration fee. 
A brand of feed duly registered and subsequently discontin- 
ued may be replaced by another brand for the unexpired period 
of registration without payment of an extra registration fee. 
112 WEIGHTS AND MEASURES 
CHAPTER 127 
Sec. 2330. Standard of Weight and Measure*. The weights 
and measures received from the United States under a resolu- 
tion of Congress approved June 14, 1836, and such new weights 
and measures as shall be received from the United States as 
standard weights and measures in addition thereto or in re- 
newal thereof, and such as shall be supplied by the state in 
conformity therewith and certified by the national bureau of 
standards, shall be state standards, by which all county and mu- 
nicipal standards of weights and measures shall be tried, 
proved and sealed. 
Sec. 2331. (As amended by Sec, 826e of the Cumulative 
Supplement of 1939). State Commissioner of Weights and 
and Measures. Inspectors. The commissioner of state police 
shall be state commissioner of weights and measures. Any 
state policeman shall act as inspector of weights and 
measures, with all the powers incident to that office, 
when directed so to act by the commissioner. Said commis- 
sioner shall take charge of the standards adopted under the 
provisions of Section 2330 as the standards of the state, 
and cause them to be kept in a fireproof building belonging 
to the state, or in a suitable place in his office, from which 
they shall not be removed except for repairs or for certifi- 
cation, and he shall take all other necessary precautions 
for their safe-keeping. He shall maintain the state stand- 
ards in good order and shall submit them, at least once in 
ten years, to the national bureau of standards for certifica- 
tion. He shall, at least once in two years, test by the state stand- 
ards all standard weights, measures and other apparatus which 
belong to any county, city or borough and shall seal such 
apparatus as is found to be accurate, by stamping thereon 
with seals kept for the purpose, the letter “C” and the last 
two figures of the year of certification. He shall have gen- 
eral supervision of the weights, measures and weighing and 
measuring devices sold, offered for sale or used in the state. 
He, or the inspectors by his direction, shall, at least once in 
each year, test all scales, weights and measures used in 
checking the receipt or disbursement of supplies in each insti- 
tution for the maintenance of which moneys are appropriated 
by the general assembly, and he shall report, in writing, his 
findings to the supervisory board and to the executive officer 
of the institution concerned, and, at the request of such 
board or executive officer, he shall appoint, in writ- 
ing, one or more employees, in the service of each insti- 
tution, who shall act as special deputies for the purpose of 
113 checking the receipt or disbursements of supplies. He shall keep 
a complete record of the standards, balances and other appara- 
tus belonging to the state, and take a receipt for the same from 
his successor in office. He, or the inspectors at his direc- 
tion, shall, at least once in two years, inspect the work of 
the local sealers throughout the state and shall have power 
to inspect and ascertain the correctness of all weights, scales, 
beams, measures, instruments or mechanical devices for 
measuring, and tools, appliances or accessories connected with 
any such instruments or measures kept, offered or exposed 
for sale, sold, used or employed by any proprietor, agent, 
lessee or employee in proving the size, quantity, extent, 
area or measurement of quantities, things, produce or arti- 
cles for distribution or consumption, offered or submitted 
by such person or persons for sale, hire or reward; and shall 
from time to time, weigh or measure packages or amounts 
of commodities of any kind kept for the purpose of sale, 
offered for sale or sold, or in the process of delivery, in or- 
der to determine whether the same contain the amounts re- 
presented, and whether they be offered for sale or sold in 
accordance with law. They may, for such purpose, and in 
the performance of their official duties, enter, without war- 
rant, into or upon any stand, place, building or other premises, 
or stop any vendor, peddler, junk dealer or driver of 
any vehicle transporting or containing coal, coke, ice or 
other commodity, or any dealer, and require him, if nec- 
essary to proceed to some place which they may specify 
for the purpose of making tests. Said Commissioner or the 
inspectors may seal such weighing or measuring instruments 
or apparatus as is found tc be correct and may seize and des- 
troy any incorrect weights, measures or weighing or mea- 
suring instruments. The commisioner shall issue, from time 
to time, regulations for the guidance of county, city and 
borough sealers, and such regulations shall govern proce- 
dure to be followed by such officers in the discharge of their 
duties. 
Sec. 2332. County Commissioners and Common Council 
of Cities to Procure Complete Set of Standards. The county 
commissioners of each county and the common council of 
each city required to appoint a sealer under the provisions 
of this chapter shall procure, at the expense of the county 
or city, and shall keep, at all times a complete set of weights 
and measures and other apparatus, of such materials and 
construction as the commissioner of weights and measures 
may direct. All such weights, measures, and other apparatus 
having been tried and accurately proven by him, shall be 
114 sealed and certified to by him, and shall then be deposited 
with and preserved by the county or city sealer as public 
standards for such county or city. Whenever the county com- 
missioners of any county or the common council of any such 
city shall neglect, for six months, so to do, the treasurer 
of the county, or the city clerk or comptroller of said city, 
as the case may be, on notification and request by the com- 
missioner of weights and measures, shall provide such stand- 
dards and cause the same to be tried, sealed, and deposited 
at the expense of the county or city. 
Sec. 2333, as amended by Sec. 828e of the Cumulative 
Supplement of 1939 and Sec. 899c. County Sealer* of Weight* 
and Measures. The county commissioners of each county shall, 
on Nov. 1, 1935, and quadrennially thereafter, appoint a county 
sealer of weights and measures, who shall hold office for 
the term of four years from said date and until his succes- 
sor shall be appointed and shall have qualified. Said county 
sealer shall keep a complete record of all his official acts 
and shall make an annual report to the county commissioners, 
and, on or before November first in each year, shall make 
a report, duly sworn to, to the state commissioner of weights 
measures, on blanks to be furnished by the commissioner. 
He shall be paid such compensation as shall be fixed by the 
senators and representatives resident in the same county 
at their biennial meeting, and no fee shall be charged by 
him, or by the county, for the inspection, testing, or sealing 
of weights, measures or weighing or measuring devices. Un- 
less otherwise provided by law, the county sealer shall have 
power, within his county, to inspect, test, try, and ascertain 
the correctness of all weights, scales, beams, measures, in- 
struments or mechanical devices for measuring, and tools, 
appliances, or accessories connected with any such instru- 
ments or measures kept, offered, cr exposed for sale, sold, 
or used, or employed within the county by any proprietor, 
agent, lessee, or employee in proving the size, quantity, ex- 
tent, area, or measurement of quantities, things, produce, or 
articles for distribution or consurryptnon, offered) or sub- 
mitted by such person or persons for sale, hire, or reward; 
and he shall have power to and shall, from time to time, 
weigh or measure packages or amounts of commodities of 
anv kind kept for the purpose of sale, offered for sale, or 
sold or in the process of delivery, in order to determine 
whether the sarnie contain the amounts represented, and 
whether they are offered for sale or sold in accordance with law. 
He shall, at least twice each year, and as much oftener as he 
may deem necessary, see that the. weights, measures, and all 
apparatus used in the county, including those under the 
115 care of city and town sealers of weights and measures, are 
correct. He may, for such purposes, and in the performance 
of his official duties, enter, without warrant, into cr upon 
any stand, place, building or other premises, cr stop any 
vendor, peddler, junk dealer or driver of any vehicle trans- 
porting coal, coke, ice or any similar commodity, or any 
dealer and require him to proceed to some place which such 
sealer may specify, for the purpose of making tests. The 
county sealer of weights and measures shall cause any per- 
son violating any of the provisions of this chapter relating 
to weights and measures to be prosecuted. Whenever such 
sealer shall compare weights, measures, or weighing or 
measuring instruments, and find that they correspond, or 
shall cause them to correspond, with the standards in his 
possession, he shall seal or mark such weights, measures, or 
weighing or measuring instruments with appropriate devices 
to be approved by the commissioner of weights and measures. 
He shall condemn, and seize, and may destroy, incorrect 
weights, pleasures, or weighing or measuring instruments 
which in his judgment are not susceptible to satisfactory 
repair; but he shall mark or tag such as are incorrect and 
yet may be repaired, as “condemned for repairs” in a man- 
ner prescribed by the commissioner. The owner or user of 
any weights, measures or weighing or measuring instruments 
which are so marked shall have the same repaired or cor- 
rected within ten days, and until so repaired or corrected, 
such owner or user shall neither use nor dispose of the same 
in any way, but shall hold the same at the disposal of the 
sealer. Any apparatus which has been so condemned for 
repairs and has not been repaired as hereinbefore required 
shall be confiscated by the sealer. The county sealer shall keep 
a complete record of all his official acts and shall make an an- 
nual report to the County Commissioners, and on or before 
October first in each year, shall make a report, duly sworn to, 
to the commissioner of weights and measures, on blanks to 
be furnished by the commissioner. The county sealer of 
weights and measures shall, forthwith upon his appointment, 
give a bond in the penal sum of one thousand dollars, with 
sureties to be approved by the county treasurer, for the 
faithful performance of the duties of his office. Nothing in the 
foregoing provisions shall be construed to prevent two or more 
counties from combining the whole or any part of their respec- 
tiye counties, as may be agreed upon by the county com- 
missioners, with one set of standards and one sealer, upon 
written consent of the commissioner of weights and measures. 
A county sealer appointed in pursuance of an agreement 
116 of such combination shall, subject to the same terms of his 
appointment, have the same authority, jurisdiction, and duties 
as if he had been appointed by each of the authorities who 
are parties to the agreement. The salary of the county sealer 
of weights and measures shall be paid by the county treas- 
urer on order drawn by the county commissioners. 
Sec. 2334. City Sealers of Weight* and Measures. There 
shall be a city sealer of weights and measures in each city of 
not less than twenty-five thousand population, according to 
the last preceding official state or United States census, to be 
appointed by the mayor, subject to the approval of the common 
council. He shall, in such city, perform the same duties and have 
the same powers as the county sealer in the county. In those 
cities in which no sealer is required by this section, the county 
sealer of the county shall perform the same duties and have 
the same powers as in the county. Nothing in the foregoing 
provisions shall be so construed as to prevent any county 
and any of the cities situated therein from combining the whole 
or any part of their respective territories, as may be agreed 
upon, with one sealer, subject to the written approval of 
the commissioner of weights and measures. A sealer ap- 
pointed in pursuance of any agreement for such combination 
shall, subject to the terms of his appointment, have the same 
jurisdiction and duties as if he had been appointed by each 
of the authorities who are parties to the agreement. 
Sec. 2335. Arrest Without Warrant. The commissioner 
of weights and measures, his inspectors, and the county and 
city sealers of weights and measures shall each have power to 
arrest, without warrant, any violator of the laws in relation 
to weights and measures, and to seize, without warrant, for 
use as evidence, any false cr unsealed weight, measure or 
weighing or measuring device, or package or amount of any 
commodity, found to be used, retained, offered or exposed 
for sale or sold in violation of the law. 
Sec. 2336. Standards for Towns, Duties and Salaries of 
Inspectors. The selectmen of each town shall provide stand- 
ard weights and measures of various kinds, as may be recom- 
mended and approved by the commissioner of weights and 
measures, and cause them to be tried and compared with 
the state standards. The board of selectmen in any town 
may appoint an inspector of weights and measures and fix 
his salary to be paid by the town. The inspector of weights 
and measures in each town shall have the custody of its 
weights and measures. He shall annually try, by the town 
standards, the weights and measures used in trade in such 
117 town; destroy such as he shall be unable to make correspond 
with the standards and stamp such as shall be found or 
made true, with the capital initial letter or letters of the 
name of the town, and year of such inspection. 
Sec. 2337. Penalties. Any person, who, by himself or 
by has servant or agent or as the servant or agent of another, 
shall offer or expose for sale, sell or use in the buying or 
selling of any commodity or thing for hire or reward or 
shall retain in his possession a false weight} or measure 
or weighing or measuring device which shall not have been 
sealed by the sealer of weights and measures within one 
year; or who shall dispose of any condemned weight, measure 
or weighing or measuring device contrary to the provisions 
of the statutes or shall remove any tag placed thereon by 
a sealer of weights and measures; or who shall sell or offer 
or expose for sale less than the quantity he shall represent; 
or who shall buy and receive any commodity the weight or 
measure of which is determined by weights or measures of 
the purchaser and shall give credit or pay for a quantity 
of such commodity less than that received by him; or who 
shall sell or offer or expose for sale any commodity in a 
manner contrary to the provisions of the statutes; or who 
shall sell or offer for sale or have in his possession for the pur- 
pose of selling any device or instrument to be used to, or 
calculated to, falsify any weight or measures, shall, upon 
a first conviction, be fined not less than twenty dollars, 
nor more than two hundred dollars or imprisoned not more 
than three months or be both fined and imprisoned. Upon 
any subsequent conviction any such person shall be fined not 
less than fifty dollars nor more than five hundred dollars 
or imprisoned in the county jail not more than one year or 
be both fined and imprisoned. 
Any person who shall hinder or obstruct the commissioner 
of weights and measures, or any inspector or any county or 
city sealer, in the performance of his official duties, shall 
be fined not less than two dollars nor more than two hundred 
dollars, or imprisoned not more than ninety days or be both 
fined and imprisoned. 
Any person who shall impersonate the commissioner of 
weights and measures, or any inspector, or any county or 
city sealer, by use of his seal or a counterfeit of his seal, 
or otherwise shall be fined not less than one hundred dollars 
nor more than five hundred dollars or imprisoned not more 
than one year or be both fined and imprisoned- 
Sec. 832e. Manufacture, Sale and Use of Milk Bottles. 
Typical glass milk bottles conforming to the requirements 
118 of this section may be used and re-used as liquid measures 
in dispensing milk, skimmed milk, buttermilk, or cream. Such 
bottles may be made in the following capacities: one quart; 
one pint; ten fluid ounces; one-half pint; and one gill. Bot- 
tles conforming to such requirements, made of paper com- 
position or similar substance, may be used in dispensing such 
commodities, but shall not be used more than once. All such 
bottles shall be so made as to hold their rated capacity when 
filled to a well defined mark, and, when in use, shall 
be so filled. Each bottle shall have its capacity, in terms 
expressed as above, blown into or otherwise clearly and per- 
manently marked on the side of the bottle, and, in or on 
the side or bottom of the bottle, shall be the name, initials, 
or trademark or the manufacture, a designating number and 
the last figure of the calendar year of manufacture. Each 
manufacturer of bottles selling marked bottles in this state 
shall register with the Commissioner of Weights and Meas- 
ures his name, address and the mark, designated by said 
commissioner, by which their bottles may be clearly distin- 
guished from the bottles of other manufacturers. Said Com- 
missioner shall prepare a table of tolerances 'to be allowed 
in excess or deficiency on individual bottles and on the 
average capacity of bottles in any one lot, a copy of which 
table of tolerances shall be furnished to all sealers of weights 
and measures and to other interested persons. Any person 
receiving, in this state, a shipment of new milk bottles in a 
quantity equal to one gross or more shall immediately notify 
the city or county sealer of weights and measures having 
jurisdiction, and such sealer, being so notified, shall imme- 
diately proceed to examine a reasonable number of such 
bottles and shall ascertain as to whether the bottles are ac- 
curate in capacity within the tolerances to be allowed in ex- 
cess or deficiency on individual bottles, and on the average 
capacity of bottles, as prepared by said commissioner. If 
such bottles shall be found to be accurate within the spe- 
cified tolerances, the sealer shall notify the owner of his 
finding and permit the use of such bottles in this state. When 
he shall find that the bottles are inaccurate beyond the limits 
of the tolerances in excess or deficiency as to individual bot- 
tles, or inaccurate beyond the prescribed tolerance for the 
average bottle, he shall immediately impound such bottles 
and hold them in his possession for a period of not less 
than ten days. On making such seizure, he shall immediately 
notify both the purchaser and the manufacturer of such bot- 
tles and, at the end of thirty days from seizure, he may 
destroy such bottles. Any person who, by himself or by his 
agent or as the servant or agent of another, shall violate 
119 the provisions of this section, shall be subject to the penal- 
ties provided in Section 2337 for the violation of the statutes 
relating to weights and measures. 
Sec. 833e. Tampering With or Counterfeiting Seals or 
Tags. The word “seal”, when used in statutory provisions 
relating to weights and measures, shall mean a mark of iden- 
tification which may, in the form of a stamped impression, 
paster, wafer or certificate, be attached to, or made a part 
of, any weighing or measuring instrument or device, by a 
sealer of weights and measures, as visible evidence that the 
device or instrument bearing such mark of identification has 
been legally tested, found correct and sealed by such sealer. 
The word “tag”, when so used, with respect to weighing 
or measuring instruments or devices, shall mean a mark, 
label, tag or certificate indicating that the instrument or 
device to which it is attached is defective and illegal for use- 
Any person who shall tamper with, mark, deface, remove, 
forge or counterfeit any seal or tag attached to a weighing 
or measuring instrument or device by sealer of weights and 
measures shall be subjected to the penalties provided in 
Section 2337. RULES AND REGULATIONS 
The publication of Rules and Regulations is mandatory 
by statute as previously recited, but can be of little practi- 
cal avail, unless the law is fully understood and carefully 
followed. As regards County Sealers, their appointments, 
powers and duties are dealt with fully in Section 2333, Gen- 
eral Statutes. The matter of appointment, salary and filing 
of a bond is a local matter with County Commissioners. The 
vital part of this Chapter as concerns the office of the Com- 
missioner and the enforcement of the law is contained in 
Sections 2331, 2333 and 2334, General Statutes, and refers 
to the powers and duties of County Sealers, which, for the 
convenience of all parties at interest, is herewith separated 
into its elemental parts, which are serially numbered and 
classified. 
SECTION 2333 
Power 
1. “Unless otherwise provided by law, the County Sealer 
shall have power, within his County, to inspect, test, try 
and ascertain the correctness of all weights, scales, beams, 
measures of every kind, instruments or mechanical devices 
for measuring and tools, appliances, or accessories connected 
with any such instrument or measures kept, offered, or ex- 
posed for sale, sold or used or employed within the County 
by any proprietor, agent, lessee, or employee in proving 
the size, quantity, extent, area, or measurement of quantities, 
things, produce, or articles for distribution or consumption, 
offered or submitted by such person or persons for sale, hire or 
reward 
“He may for said purpose, and in the performance of his 
official duties, enter, without warrant, into or upon any stand, 
place, building, or premises, or stop any vendor, peddler, 
junk dealer, driver of any vehicle transporting coal, coke, ice 
or similar commodity, or any dealer and require him to pro- 
ceed to some place which such sealer may specify, for the 
purpose of making tests.” 
First Item. It is the opinion of this department that this 
gives sealers broad powers of access to all weighing and 
measuring instruments and is firmly supported by Section 
2337, of the General Statutes, which provides severe penalties 
for all who interfere with a Sealer in the performance of his 
duties. 
121 Power and Duty 
2. * * * * *“and he shall have the power to, and 
shall from time to time, weigh or measure packages or amounts 
of commodities of any kind kept for the purpose of sale, 
offered for sale, or sold, or in the process of delivery, in 
order to determine whether the same contain the amounts 
represented, and whether they are offered for sale or sold in 
accordance with the law.” 
Second Item. This is in connection with a portion of 
Section 2337, reading as follows: * * * * * * 
“or who shall sell or offer or expose for sale less than the 
quantity he represents” is the broadest of net weight and 
short weight package laws, as it applies to all classes and 
kinds of commodities not otherwise expressly provided for 
by law. 
Another important law to which your attention is directed 
is Section 897e of the 1939 Supplement to the General 
Statutes concerning the “Uniform State Food, Drug and Cos- 
metic Act.” 
In enforcing this law you are to be guided by certain rules 
and regulations prepared by statutory direction, copy of 
which you will find in this book. It is plainly the duty of 
sealers to examine packages to see that these laws are not 
violated. 
3. “He shall at least twice each year and as much oftener 
as he may deem necessary, see that the weights, measures and 
all apparatus used in the County, including those under the 
care of City and Town Sealers of Weights and Measures, 
are correct.” 
Duty 
Third Item. This is construed to mean that a County 
Sealer shall personally examine in detail all weighing and 
measuring equipment that is not sealed by other authority 
of law than that possessed -by himself. He shall inspect 
City and Town standards and see that they have been sealed 
by State officers within the time prescribed by law and that 
they are in good order and he shall make such inspection in 
each City or Town where there is a lawfully appointed Seal- 
er as may be necessary to satisfy himself as to whether or not 
the local Sealer is fully performing his duties. 
Duty 
4. “The County Sealer of Weights and Measures shall 
cause any person violating any of the provisions of this 
122 Chapter of the General Statutes relating to weights and 
measures to be prosecuted.” 
Fourth Item. This clause makes it mandatory for sealers 
to enforce the weights and measures laws. The elimination 
of faulty equipment is but the first step in a sealer’s work. 
The really important action is insuring of honest weights and 
measures to and from all persons by getting a full observance 
of the law. The legal remedy for failure to comply with the 
law is prosecution. Sealers who permit violations of law 
in their jurisdictions are derelict in their duty. It is the duty 
of sealers to find violations, if any exist, and to present real 
evidence of same to the proper prosecuting official and as- 
sist in bringing such prosecution to a successful conclusion. 
Duty 
5. “Whenever such Sealer compares weights, measures 
or weighing or measuring instruments and finds that they 
correspond, or causes them to correspond, with the standards 
in his possession, he shall seal or mark such weights, meas- 
ures, or weighing or measuring instruments with appropriate 
devices, to be approved by the Commissioner of Weights and 
Measures.” 
Fifth Item. The wording of the law and its apparent 
failure to differentiate in this instance between commercial 
weighing and measuring devices and City and Town stand- 
ard?, may be confusing. This provision of law is herewith con- 
strued to mean that every Sealer shall seal with an authorized 
device every weighing and measuring Instrument in his ju- 
risdiction that is not lawfully sealed by other authority than 
his own. County and City Sealers are not given authority to 
seal City Standards, as it is expressly stated in Section 2331 
of the General Statutes, that County and Municipal standards 
shall be tried, proved and sealed by the State standards. 
Power and Duty 
6. “He shall condemn and seize, and may destroy in- 
correct weights, measures, or weighing or measuring instru- 
ments, which, in his judgment, are not susceptible of satis- 
factory repair; but he shall mark or tag such as are in- 
correct and yet may be repaired, as ‘condemmed for repairs’ 
in a manner prescribed by the Commissioner of Weights and 
Measures.” 
Sixth Item. Herein are given to Sealers broad powers. 
The seizing, condemning and destroying of property without 
other process of law than the Sealer’s personal judgment 
requires most careful consideration, first, as to whether or 
123 not the instrument can be made sealable; second, has the 
use of an instrument fit only for destruction caused suffi- 
cient violation of the law to warrant prosecution. The law 
explicitly states that the Sealer shall seize instruments not 
susceptible of repairs; this means that he shall actually take 
them into his possession and as it is unlawful for any other 
person than a Sealer to have condemned weighing and meas- 
uring instruments in his possession, it follows that the Seal- 
er must either retain condemned property in his possession 
or actually and fully destroy it. 
Instruction to the Public 
7. “The owner or user of any weights, measures, or 
weighing or measuring instruments which are so marked 
shall have the same repaired or corrected within ten days, 
and until so repaired or corrected such owner or user shall 
neither use nor dispose of the same in any way, but shall 
hold the same at the disposal of the Sealer. 
Seventh Item. Weighing and measuring instruments con- 
demned for repairs shall be firmly tagged or marked so as 
to set forth clearly that they are illegal instruments. The 
owner should: be fully advised of the time allowed by law for 
repairs and of the penalty for the use of or removal of tag 
from condemned property. 
8. “Any apparatus which has been so condemned for re- 
pairs and has not been repaired as hereinbefore required 
shall be confiscated by the Sealer.” 
Duty 
Eigth item. This item is a continuation of the last 
above item and expresses specific direction for action on the 
part of the Sealer. “Confiscation” as used here is construed to 
mean seizure with a right to destroy as referred to in the 
Sixth Item, 
9. “The County Sealer shall keep a complete record of 
all of his official acts and shall make an annual report to the 
County Commissioners, and on or before November first 
of each year shall make a report, duly sworn to, to the Com- 
missioner of Weights and Measures, on blanks to be furnished 
by the Commissioner.” 
Duty 
Ninth Item, The duty of the Sealers in the matter of 
records and reports is very plain and should he followed 
explicitly. These records should be in such form that re- 
ports to the Commissioner of Weights and Measures can be 
124 readily made; such reports to contain the particular in- 
formation required under the different headings of the re- 
port blanks furnished. 
SECTION 6 
10. This Section says in part: “In those cities in which no 
Sealer is required by this Section, the County Sealer of the 
County shall perform the same duties and have the same 
power as in the County.” 
Power and Duty 
Tenth Item. The Honorable Attorney General in an 
opinion officially rendered December 9, 1913, said in part 
as follows: “Each City of not less than 25,000 must have 
such an official (referring to a City Sealer) and except in 
cities of that size, Town Sealers of Weights and Measures 
have jurisdiction subject to such oversight, direction and 
control as the law provides shall be exercised by the State 
Commissioner and County Sealers of Weights and Measures.” 
SECTION 8 
Power 
11. “Arrest May be without Warrant. The Commissioner 
of Weights and Measures, his Inspectors, and the County 
and City Sealers of Weights and Measures shall each have 
power to arrest without warrant, any violator of the laws 
in relation to weights and measures, and to seize, without 
warrant, for use as evidence, any false or unsealed weight, 
measure, or weighing or measuring device, or package, or 
amount of any commodity, found to be used, retained, offered, 
or exposed for sale, or sold in violation of law,” 
Eleventh Item. This Section gives definite powers to Sealers 
to make arrests without warrant. The advantage of this 
law is that when an offender is caught violating the law, he 
can be taken forthwith without having a chance to escape 
or destroy the evidence essential to his conviction. This law 
also implies the power to serve warrants relative to weights 
and measures violators when so directed by proper prose- 
cuting officials. The power to seize false or unsealed weighing 
and measuring devices and packages is designed to put the 
Sealer in a position to get all of the evidence required for 
the prosecution of violations of the law. 
125 City Sealers are given the same authority and powers 
within their respective precincts as are given the County 
Sealers. (Section 2334 of the General Statutes.) 
CITY SEALERS 
CHAPTER 240 
Sec. 1577c. Pound, Hundred Weight, Ton, Barrel, Gallon 
The avoirdupois pound shall bear to the troy pound the re- 
lation of seven thousand to five thousand seven hundred 
and sixty. The hundred weight shall contain one hundred 
avoirdupois pounds, and the ton, twenty hundred weight. 
The barrel for liquids shall contain thirty-one and one-half 
gallons, except the barrel for beer, ale and porter which shall 
contain thirty-one gallons; and the hogshead, two barrels. 
The dry gallon shall contain two hundred and eighty-two 
cubic inches; and the liquid gallon shall contain two hundred 
and thirty-one cubic inches. 
Weight and Measurement of Specific Articles 
Sec. 1578c. Bushel. Charcoal, Flour, Potatoes. The 
bushel in struck measure shall contain twenty-one hundred 
and fifty and forty-two hundredths cubic inches, and in heap 
measure twenty-five hundred and sixty four cubic inches, 
except that each bushel of charcoal shall contain twenty- 
seven hundred and forty-eight cubic inches. When sold by 
weight, the bushel of charcoal shall weigh twenty pounds 
when commercially dry; the barrel of flour, one hundred 
and ninety-six pounds and the barrel of potatoes, one hun- 
dred and fifty pounds. 
Sec. 4725. Weight of a Bushel in Various Articles. The 
bushel of apples shall contain forty-eight pounds; of dried 
apples, twenty-five pounds; of barley, forty-eight pounds; 
of dried beans, sixty pounds; of lima beans in pod, twenty- 
eight pounds; of string beans, twenty-four pounds; of beets, 
table size, fifty pounds; of beet greens, twelve pounds; of 
bran or shorts, twenty pounds; of buckwheat, forty-eight 
pounds; of carrots, fifty pounds; of clover seed, sixty pounds; 
of hard coal, eighty pounds; of Indian corn, fifty-six pounds; of 
corn meal, fifty pounds; of sea island cotton seed, forty-four 
pounds; of upland cotton seed, thirty pounds; of cranberries, 
thirty-two pounds; of dandelions, twelve pounds; of flaxseed, 
fifty-five pounds; of grass seed, timothy or herdsgrass, forty- 
five pounds; of redtop seed, fourteen pounds; of hickory 
nuts, fifty pounds; of horseradish, fifty pounds; of kale, 
commercially dry, twelve pounds; of lime, seventy pounds; 
of mangelwurzel, sixty pounds; of oats, thirty-two pounds; 
126 of onions, fifty-two pounds; of parsley, eight pounds; of 
parsnips, forty-five pounds; of peaches, fifty-tw/b pounds; 
of dried peaches, thirty-three pounds; of pears, fifty-two 
pounds; of dried peas, sixty pounds; of peas in pod, twenty 
six pounds; of peppers, twenty-four pounds; of plums forty- 
eight pounds; of potatoes, sixty pounds; of sweet potatoes, 
fifty-four pounds; of quinces, forty-eight pounds; of rough 
rice, forty-five pounds; of rye, fifty-six pounds; of rye meal, 
fifty pounds, of fine salt, seventy pounds; of coarse salt, 
seventy pounds; of spinach, commercially dry, twelve pounds; 
of tomatoes, fifty-six pounds; of summer turnips, fifty 
pounds; of rutabaga turnips, fifty-five pounds; of wheat, sixty 
pounds; Any person who by himself, or by his servant or 
agent, or as the servant or agent of another, shall sell or offer 
for sale any of the above mentioned commodities at a less 
weight per bushel than herein specified shall be fined or 
imprisoned or both as provided in section 2337. 
Sec. 4726. Weight of Sand and Gravel. A cubic yard of 
sand shall contain twenty-six hundred pounds, and a cubic 
yard of gravel twenty-eight hundred pounds. 
Sec. 4727. Quantity of Cotton Thread to he Designated. 
Penalty. Each manufacturer of cotton sewing thread, and 
each person engaged in putting up such thread on spools 
or in packages of one pound weight or less, intended for sale, 
shall, before the same be offered for sale, affix to or impress 
upon, each spool or package, a label or stamp designating its 
weight or length in yards. Any such manufacturer, or per- 
son engaged as aforesaid, who shall neglect to affix to, or 
impress upon, each spool or package such a label or stamp, 
or shall, with intent to deceive, affix to or impress upon, 
or suffer to be affixed! to or impressed upon, any such spool 
or package, a label or stamp specifying that it contains a 
greater number of yards, or a greater quantity of thread 
by five per cent, than it does contain, snail be fined five 
dollars for each of such spools or packages; and any trader 
who shall offer for sale such thread, knowing or having reason 
to believe that it is falsely labeled or stamped in regard 
to length or quality, shall be subject to the same fine. 
Sec. 1279e. Sale of Coal and Co'ke by Weight. (a) All 
coal and coke sold, except in accordance with a written 
ageement with the purchaser otherwise, or offered for sale, 
in this state, shall be sold or offered for sale by weight. No 
person, firm or corporation shall deliver any coal or coke 
without first having such coal or coke weighed by a public 
weigher or a licensed weighmaster designated to weigh coal 
127 or coke, on stationary scales suitable for the weighing of 
coal or coke, which have been tested and sealed by an au- 
thorized sealer or inspector of weights and measures. Such 
coal or coke shall be accompanied while in transit by a de- 
livery ticket and a duplicate original thereof, on which 
shall be distinctly expressed in ink, or other indellible sub- 
stance, in pounds, the weight of the coal or coke contained 
in the vehicle or other receptacle, together with the name 
and address of the seller, the name and address of the pur- 
chaser, the signature and license number of the licensed weigh- 
master or public weigher and the date of the weighing, to- 
gether with the number of bags or sacks of such commodity, 
when the bags or sacks shall be representative of the quan- 
tity contained in the vehicle used for transporting such coal 
or coke, provided coal or coke sold or offered for sale in 
in this state in quantities of fifty pounds or less, in paper 
bags, sacks or similar containers, when the name and address 
of the dealer and the net contents of avoirdupois weight 
shall be distinctly and indellibly marked in ink or other- 
wise on such paper bags, sacks or similar containers, shall 
be exempt from the provisions of this subsection requiring 
delivery tickets and duplicates thereof. One of such dupli- 
cate delivery tickets shall be surrendered, upon demand, 
to any sealer or inspector of weights and measures for his 
inspection, and such ticket, or when the sealer shall desire 
to retain one of the duplicate tickets, a weight slip, issued 
by the seller and signed and dated by the sealer or in- 
spector, shall be delivered to the purchaser or his agent 
or representative, at the time of the delivery of such coal or 
coke, and other duplicate ticket shall be retained by the 
seller for a period of one year, subject to inspection by any 
sealer or inspector of weights and measures. If the pur- 
chaser or his agent shall take such coal or coke from the 
seller’s place of business, a delivery ticket in the form re- 
quired by this section and signed by a public weigher or 
licensed weighmaster, shall be given to the purchaser or his 
agent at the time of delivery. No person! shall sell, or deli- 
ver, or attempt to sell or deliver, or offer to sell or deliver 
less than the amount of coal or coke represented in the 
delivery tickets therefor, provided a tolerance at the rate 
of five pounds to the ton shall be allowed for unavoidable 
wastage and variation in scales. No public weigher or li- 
censed weighmaster shall weigh coal or coke loaded on a 
vehicle for transportation thereon and sign a delivery ticket 
therefor, unless he shall have first weighed the vehicle em- 
pty on the same day and on the same scales, in order to de- 
termine the true net weight of such load of coal or coke. 
128 Any person who shall violate any provision of this subsection 
shall be fined not more than two hundred dollars or im- 
prisoned not more than six months or both, (b) All scales 
tested and approved by the commissioner shall be located 
within this state or within an additional adjoining area extend- 
ing a’t least five miles, but not more than ten miles, from 
the state boundaries; the outside boundary of such additional 
adjoining area beyond the five mile minimum to be fixed by 
the commissioner of weights and measures, and to be based 
upon the commissioner’s facilities for testing and inspecting 
scales located outside the state and for maintaining reasonable 
supervision of weighing at such scales. The commissioner shall 
charge a fee of ten dollars for testing and approving any 
scales located outside the state. All fees collected by the com- 
missioner of weights and measures under this section shall be 
added to the appropriation for the commissioner of weights 
and measures and said commissioner shall pay from said ap- 
propriation all expenses incurred in carrying out the provisions 
of this section. Each person licensed under this subsection shall 
be given a numbered licence certificate which shall be kept 
at the place where the weighmas'ter is engaged in weighing 
and such certificate shall be available for inspection at all 
times. Such license may be revoked by the commissioner af- 
ter a hearing, on due notice to the licensee, for dishonesty, 
incompetency, inaccuracy, refusal to weigh coal or coke 
as required by law, or for any violation of the provisions 
of this section. A licensed weighmaster under this section 
shall be entitled to charge a fee not exceeding the sum 
of twenty cents for weighing each load of coal or coke for 
which a delivery or weight ticket is required, and, upon 
payment of such fee, shall weigh any coal or coke brought 
to him for that purpose and shall sign a delivery ticket, 
weight slip or certificate of weight therefor. 
129 LICENSING OF PUBLIC WEIGHERS. 
Sec. 495g. Any person who is in possession of suitable 
scales or is employed by a person, firm or corporation in pos- 
session of suitable scales may be licensed as a public weigher 
by the commissioner of weights and measures, provided said 
commissioner is satisfied ’that such person is of good reputa- 
tion and competent to perform the duties of such office and 
that the scales, to be used by such person are of suitable de- 
sign, in good repair and sealed by a sealer of weights and 
measures or by a state inspector of weights and measures. 
Each such licensee shall be qualified to perform the du- 
ties of a weighmaster as prescribed in section 12T9e of the 
1939 supplement to the general statutes, and upon payment 
in the sum of three dollars shall receive a license to serve 
as a public weigher. 
Sec. 496g. All weighmaster licenses issued under the pro- 
visions of section 1279e of the 1939 supplement to the gen- 
eral statutes shall expire on July 1, 1943, and the holders 
thereof shall be eligible to obtain public weighers’ licenses. 
All licenses issued to public weighers under the provisions 
of this act shall be for the period ending on the first day 
of July, 1946, and thereafter such licenses shall be issued 
for the period ending on the first day of July in each suc- 
cessive three-year period. 
Sec. 497g. Each public weigher shall weigh all articles 
brought to him for weighing, provided such articles are cus- 
tomarily sold by weight, and provided such public weigher 
is equipped with the particular kind of scales customarily 
used for weighing such articles. 
Sec. 498g. A licensed public weigher shall be entitled to 
charge a fee in such amount as is approved by the com- 
missioner of weights and measures and upon the payment 
of such fee shall issue a certificate of the weight of such 
articles. 
Sec. 499g. Any public weigher who violates any provision 
of the statutes relating to weights and measures shall be 
subject toi the penalties provided for in section 2337' of the 
general statutes. 
130 DUTIES OF PUBLIC WEIGHERS 
CHAPTER 22 
Sec. 373. Duties of Public Weighers. Each public weigher, 
upon payment of his lawful fees, shall accurately weigh any 
heavy or bulky article of merchandise brought to him for 
that purpose, and sign and give a certificate of its weight 
to the person bringing the same. 
Sec. 374. Scales and Fees. Towns in which public weigh- 
ers are appointed shall make such regulations relative to the 
scales and other apparatus to be used by such weighers 
as they may deem necessary for the public protection and 
convenience, and prescribe the fees, not exceeding twenty 
cents for each weighing, to be paid to such weighers, half by 
the seller and half by the purchaser, or may delegate to the 
selectmen the powers and duties specified in this section; 
and the rate of fees so established shall be recorded in the 
town records and shall not be changed during the time which 
such weighers are appointed. 
S,ec. 375. Penalties. Any public weigher who shall wil- 
fully neglect to weigh any article legally brought to him 
for that purpose and to giye a certificate of the weight there- 
of according to law, except in a matter in which h© has an 
interest, or who shall give a certificate of the weight of any 
article in which he has an interest, and any person selling 
any heavy or bulky article of merchandise, usually sold by 
weight, who shall, upon the request of any purchaser thereof 
who shall offer to_ pay for the weighing of same, refuse to 
have the same weighed by a public weigher in the town 
where sjich purchaser resides, shall be fined five dollars. 
Sec. 376. Duties of Measurers of Wood. The selectmen 
of each town may appoint annually, and oftener if necessary, 
two or more of its inhabitants to be measurers of wood offered 
for sale within the town, who shall be duly sworn, and re- 
ceive such compensation for their services as the town may 
prescribe; and any of them, on request of the owner of any 
wood so offered for. sale, shall, without delay, measure it 
and sign and give him a certificate of its quantity. 
Sec. 484g. International Log Rule. The international log 
rule is adopted as the standard log rule for determining the 
board foot content of saw logs and all contracts hereafter 
entered into for the purchase and sale of saw logs shall be 
made on the basis of such standard rule, unless some other 
method of measurement is specifically agreed upon. 
131 SALE OF GASOLINE AND MOTOR OIL 
CHAPTER 84 
Sec. 556e- Standard Gallon, (a) The standard gallon 
shall be the unit of measurement for all sales of gasoline, 
kerosene, fuel oil, or similar substances sold or offered for 
sale for the purpose of creating power or heat, and each 
retail delivery of gasoline in a quantity of fifty gallons or 
more and each retail delivery of kerosene, fuel oil or simi- 
lar substance in a quantity of five gallons or more shall 
be the complete contents of a vehicle tank or it shall 
be through a meter. Each such tank or meter shall be 
sealed by a sealer of weights and measures before being 
used. The term “vehicle tank” as used herein, shall mean 
a container, which may or may not be subdivided into two 
or more compartments, mounted upon a wagon or motor 
truck and used for the delivery of such fluid. The term 
“compartment” shall mean the entire tank whenever the tank 
shall not be sub-divided; otherwise it shall mean any one 
of those sub-divided portions of the tank which are designed 
to hold such fluids. Each delivery shall be accompanied by 
a delivery ticket and duplicate thereof, on which shall be 
distinctly expressed in ink or other indellible suostance. 
in gallons, the quantity of such fluid delivered, together 
with the name of the seller and the name of the purchaser 
of such fluid. One of such tickets shall be surrendered, upon 
demand, to the sealer of weights and measures, for his in- 
spection, and such ticket, or, when the sealer shall desire 
to retain the original ticket, a measure slip issued by the 
seller or his agent, shall be delivered to the purchaser or 
his agent or representative at the time of the delivery of 
such fluid, and the other ticket shall be retained by the 
seller. If the purchaser or his agent, shall take such fluid 
from the place of purchase, a delivery ticket showing the ac- 
tual plumber of (gallons delivered shat} he given to jthe 
purchaser or his agent, at the time of delivery. The method 
of determining the number of gallons of any such fluid 
delivered shall be by measuring the same in measures that 
have been tested and sealed by a sealer of weights and 
measures, (b) The provisions of this shall not apply to‘barge, 
railroad tank car or drum delivery- (c) Any person who 
shall, by himself or by his agent pr servant, or as the servant 
or agent of another, violate any provisions of this section, shall 
be subject to the penalties provided in Section 2337 of the 
General Statutes. 
132 SALE OF PREHEATED PETROLEUM PRODUCTS. 
CHAPTER 127 
Sec. 572h. The quantity of all preheated petroleum products 
sold, offered for sale or delivered at retail shall be determined 
by weight, such weighing to be done by a public weigher li- 
censed by the State of Connecticut, who shall weigh such prod- 
ucts, in the container or vehicles in which they are to be de- 
livered and on scales that have been tested and sealed by an 
authorized sealer or inspector of weights and measures. 
Sec. 573h. Each vehicle or container of such petroleum 
products while in transit for delivery shall be accompanied by 
a delivery ticket and a duplicate original thereof, on which 
shall be distinctly expressed in ink or other indelible substance 
(a) in pounds, the gross and tare weights of the vehicle or 
container; (b) the net weight of such petroleum products con- 
tained in such vehicle or container and its specific gravity or 
the gravity determined by accepted standard practice of using 
the formula of the American Petroleum Institute at sixty de- 
grees Fahrenheit; (c) the quantity of petroleum products so 
transported expressed in gallons or in barrels computed at 
forty-two gallons per barrel, the method of determining such 
gallonage or barrelage to be by accepted standard practice on 
the basis of the products being at a temperature of sixty 
degrees Fahrenheit; (d) name and address of the seller; (e) 
the name and address of the purchaser; (f) the signature and 
license number of the public weigher and (g) the date of the 
weighing. One of such duplicate delivery tickets shall be sur- 
rendered upon demand to any sealer or inspector of weights 
and measures for his inspection, and such ticket or, when such 
sealer desires to retain one of the duplicate tickets, a weight 
slip issued and signed and dated by the sealer or inspector 
shall be delivered to the purchaser or his agent or represent- 
ative at the time of dlivery of such petroleum products, and 
the other duplicate ticket shall be retained by the seller for a 
period of one year, during which time it shall be subject to 
inspection by a sealer or inspector of weights and measures. If 
the purchaser takes such petroleum products from the vendor’s 
place of business, a delivery ticket in the form required by 
this section, signed by a licensed public weigher, shall be given 
to the purchaser or his agent at the time of delivery. No person 
shall sell or deliver, attempt to sell or deliver or offer to sell 
or deliver less than the amount of such petroleum products 
represented by the delivery tickets therefor, provided a 
tolerance at the rate of five pounds to the ton shall be allowed. 
Sec. 574h. No public weigher shall weigh such petroleum 
products loaded on a vehicle or in a container for transporta- 
tion and sign a delivery ticket therefor unless he has secured 
133 the tare weight of the vehicle or the container in which such 
petroleum products are loaded for the purpose of delivery. 
Sec. 575h. The provisions of section 572h to 576h, inclusive, 
shall not apply to barge, railroad track cars or drum deliveries. 
Sec. 5. Any person who, by himself, his employee or agent, 
or as the employee or agent of another, violates any of the 
provisions of this act shall be subject to the penalties provided 
for in section 2337 of the General Statutes. 
Sec. 945c. Testing Machines Used In Weighing Milk or 
Cream. The state commissioner of weights and measures, or 
his deputy or inspectors, at his direction, shall, at least once in 
each year, and oftener if in his judgment it shall be necessary, 
inspect and ascertain the correctness of all weights, scales, 
beams, instruments or mechanical devices used by any person, 
firm or corporation engaged in the business of purchasing milk 
or cream by weight. They may, for such purpose, and in the 
general performance of their official duties, enter, without 
warrant, into any place, building or premises. Said commission- 
er, or his deputy or inspectors, shall seal any such weighing 
instrument or instruments, or apparatus found to be correct, 
and may seize and destroy any such instruments or apparatus 
found to be incorrect. 
Sec. 1454e. Sale of Clams by the Barrel. Any person 
who shall sell clams by the barrel, unless such barrel shall con- 
tain not less than three bushels, shall be fined not more than 
twenty-five dollars. 
CHAPTER 330 
Other information concerning weights and measures, toler- 
ances, etc. may be secured from the Weights and Measures 
Division of the Food and Drug Commission. 
134 SPECIAL REGULATIONS MADE UNDER AUTHORITY 
OF THE FOOD, DRUG AND COSMETIC ACT 
APPENDIX 
(1) Allowances for variations in weight, measure or nu- 
merical count. (Authority of Sec. 897e (e1) (2). 
Allowances for the articles listed are for individual packages. 
Material 
Size 
Allowances 
Ale 
Qt. 
% 
Ale 
Pt. 
% 
Artichokes 
No. 2 
1 
Asparagus 
No. 2% 
% 
Asparagus Tips 
No. 1 
% 
Bacon 
1 lb. 
% 
Baking Powder 
*4 lb. 
% 
Baking Powder 
y2 ib. 
% 
Beans, Kidney 
No. 2 
y2 
Beans, Lima 
No. 2 
% 
Beans, Refugee 
No. 2 
V2 
Beans, String 
No. 2 
Vi 
Beans, Wax 
No. 2 
Vz 
Beef, Corned 
No. 1 
y* 
Beef, Corned 
No. 2 
i 
Beef, Sliced 
12 oz. 
H 
Beer 
Qt. 
% 
Beer 
Pt. 
% 
Beets 
No. 2 
y2 
Biscuits and Crackers 
Less than 2 oz. 
% 
Biscuits and Crackers 
2.11 4.0 oz. 
% 
Biscuits and Crackers 
4.1—8.0 oz. 
u 
Biscuits and Crackers 
8.1—16.0 oz. 
Brandy 
Qt. 
Brandy 
Pt. 
% 
TjBread 
16 oz. loaf below 
Vz 
above 
Vz 
flBread 
24 oz. loaf below 
1 
above 
1 
Butter 
1 lb. 
% 
Carbonated Drinks 
Qt. 
% 
Carbonated Drinks 
Pt. 
Cherries 
No. 2 
y2 
Cherries 
No. 3 
i 
Cherry Cider 
Gal. 
2 
Cherry Cider 
2 Qt. 
1 Material 
Size 
Allowances 
Cherry Cider 
Qt. 
Vt 
Chicken, Boned 
No. 1 
Vi 
Chili Sauce 
— 
v2 
Chocolate 
4 oz. 
% 
Chocolate 
8 oz. 
% 
Chow-Chow 
— 
% 
Cider 
Qt. 
Clams 
— 
% 
Cocoa 
8 oz. 
V. 
Cocoa 
4 oz. 
% 
Cocoanut, Shred. 
V lb. 
% 
Cocoanut, Shred. 
% lb. 
1 
Coffee 
1 lb. 
% 
Corn 
No. 2 
% 
Corn Flakes 
Standard 
% 
Cordials 
Qt. 
U 
Cordials 
Pt. 
Vi 
Crab 
— 
Vi 
Crackers (see Bis- 
cuits) 
— 
_ 
Cream 
V Pt. 
Vi 
Cream 
Pt. 
Vi 
Cream 
Qt. 
u 
Cream of Tartar 
M lb. 
% 
Crisco 
IVt lbs. 
Vi 
*Dr:ed Fruits 
1 lb. 
1 
*Dried Fruits 
% ib. 
% 
Farina 
2 lbs. 
% 
Fish Flakes 
— 
% 
Flavoring Extracts 
1 oz. 
1/10 
Flavoring Extracts 
2 oz. 
1/10 
Flavoring Extracts 
4 oz. 
1/5 
Flour 
49 lbs. 
12 
Flour 
24.5 lbs. 
8 
Flour, Prepared 
m ibs. 
% 
Flour, Prepared 
2 lbs. 
% 
Fruit Juices 
Qt. 
H 
Fruit Juices 
Pt. 
U 
Gelatin 
2 oz. 
% 
Gin 
Qt. 
% 
Gin 
Pt. 
V 
Ham, Potted 
M lb. 
V 
Ham, Potted 
M lb. 
V 
Herring in Tomato 
— 
1 
136 Material 
Size 
Allowances 
Herring, Kippered 
Honey, liquid or 
— 
% 
strained 
— 
Ice Crean Powder 
— 
XA 
Jam (see Preserves) 
— 
— 
Jelly 
— 
XA 
Karo 
2 lbs. 
1 
Ketchup 
y2 ib. 
H 
Ketchup 
i ib. 
% 
Macaroni 
% ib. 
% 
Macaroni 
i ib. 
% 
Milk 
Qt. 
% 
Milk 
Pt. 
% 
Milk Condensed 
Baby 
Vi 
Milk Condensed 
Family 
Vi 
Milk Condensed 
Tall 
X/2 
Mince Meat 
— 
VA 
Molasses 
2 lbs. 
l 
Mushrooms 
— 
% 
Noodles 
y2 ib. 
% 
Oats, Rolled 
Small 
y2 
Oleomargarine 
1 lb. 
*4 
fOlives 
Large 
y2 
fOlives 
Small 
% 
Olive Oil 
2 oz. 
Vs 
Olive Oil 
4 oz. 
% 
Olive Oil 
8 oz. 
*4 
Olive Oil 
32 oz. 
*4 
Oyster Cocktail Sauce 
v2 ib. 
Vs 
Paprika 
2 oz. 
% 
Peaches 
No. 3 
1 
Peanut Butter 
— 
y2 
Pears 
No. 2 
V* 
Pears 
No. 3 
i 
Peas 
No. 2 
% 
Peas, Split 
1 lb. 
Vt. 
Peppers 
No. 1 
V2 
Peppers 
No. 2 
1 
Pickles, Sweet 
— 
% 
Pickles, Relish 
— 
y2 
Pineapple 
No. 2 
1 
Plums 
No. 2 
y2 
Pork and Beans 
No. 2 
H 
Porter 
Qt. 
Vi 
137 Material 
Size 
Allowances 
Porter 
Pt. 
y. 
Preserves 
— 
% 
Pumpkins 
No. 3 
y 
Rice 
1 lb. 
Vs 
Rum 
Qt. 
y 
Rum 
Pt. 
y 
Salad Dressing 
— 
y 
Salmon 
No. % 
y 
Salmon 
No. 1 
1 
Shrimp 
— 
y 
Sirup, Compound 
(table) 
— 
y 
Sirup, Maple 
Imperial, med. 
i 
Soda Water Sirup 
Qt. 
i 
Soda Water Sirup 
Pt. 
y 
Soup 
y Pt. 
y 
Soup 
pt. 
y 
Soup 
No. 1 
y 
Spaghetti, Dry 
1 lb. 
y 
Spaghetti, Cooked 
No. 2 
y 
Spices 
2 oz. 
y 
Spices 
4 oz. 
y 
Spinach 
No. 3 
y 
Starch, Corn 
1 lb. 
H 
Stout 
Qt. 
y 
Stout 
Pt. 
y 
Strawberries 
— 
y 
Succotash 
No. 2 
i 
Tomatoes 
No. 2 
iy 
Tomatoes, high grade 
No. 3 
iy 
Tomatoes, low grade 
No. 3 
Tongue 
No. 1 
% 
Vinegar 
Qt. 
y 
Vinegar 
Pt. 
y 
Whiskey 
Qt. 
y« 
Whiskey 
Pt. 
y 
Wine 
Qt. 
y 
Wine 
Pt. 
y 
Wine 
2 Qt. 
i 
Wine 
Gal. 
2 
The tolerance for beer, ale, and other malt beverages in bar- 
rels, half barrels, quarter barrels, drums, casks, or kegs shall 
be two per cent (2%) of the volume marked on the con- 
tainer. 
138 TJFixed by Statute, Sec. 2454, G. S. 
* Based on net weights when packed, said products at the 
time of packing not to contain more moisture than permitted 
by the best trade practice. 
fOr 2 Olives. 
Also other edible oils. 
TOLERANCES FOR SPRAY RESIDUE ON APPLES 
AND PEARS 
The following tolerances are made under authority of Sec. 
899e (a), and are in accord with government regulations, 
(a) Lead. The maximum permitted is 0.05 grain of lead 
(Pb) per pound of fruit. 
(b) Arsenic. The maximum permitted is 0.025 grain of 
arsenic (expressed in terms of the trioxide, As-Ou) per pound 
of fruit. 
(c) Fluorine. The maximum permitted is 7 milligrams of 
fluorine (F) per kilogram of fruit ( approximately 0.05 grain 
per pound). 
DRUGS WHICH CAN BE SOLD ON PRESCRIPTION 
ONLY 
Section 901e (k) of Chapter 135b of the 1939 Supplement 
to the General Statutes, known as the Food, Drug and Cos- 
metic Law, makes illegal the sale at retail of any drug which 
“shall contain any quantity of amidopyrine, barbituric acid, 
cinchophen, dinitrophenol, sulfanilamide or thyroid, or any 
derivative of any of these substances, unless it shall b© sold 
on a written prescription signed by a member of the medical, 
dental or veterinary profession who is licensed by law to 
administer such drug, and its label shall bear the name and 
place of business .of the seller, the serial number and date 
of such prescription and the name of such member of the 
medical, dental or veterinary profession. No such prescrip- 
tion shall be refilled except upon written or oral order of 
the physician. 
Violations of this law render the seller liable to imprison- 
ment of up to six months and a fine of up to five hundred 
dollars for a first offense, and to a larger penalties for a 
second offense. 
As the name of a drug does not always reveal whether 
it contains a derivative of one of the drugs named in the 
statute, the following list has been prepared for your guid- 
ance. All of the listed drugs have at some time been reported 
to contain one or more of the drugs specified in the statute, 
139 or one of their derivatives. The list is not a complete list of 
all such drugs, and it is possible that the composition of 
some of the drugs listed may have been changed so that 
they now no longer contain one of the drugs whose sale is 
restricted. If you are in doubt on this point as to any par- 
ticular drug on the list, you are advised to ask the manufac- 
turer for assurance that its composition is now such that 
its sale otherwise than on precription is not a violation of 
the law. 
It is the suggestion of this Commission that drugs which 
can only be sold on prescription according to Connecticut 
law, be handled in the same manner as narcotic drugs: kept 
in a separate compartment and segregated from other drug 
supplies, with the compartment carrying a proper and con- 
spicuously placed warning against sale except on prescrip- 
tion. 
It should be borne in mind that the Connecticut Food, 
Drug and Cosmetic Act is patterned after the Federal Act. 
Section 886e (c) provides that it is the legislative intent that 
the Act “promote uniformity of such legislation and its 
administration and enforcement, in and throughout the United 
States.” 
For that reason, the Food and Drug Commission, in its 
administration of the Act, follows the Federal regulations 
as closely as possible and it is the Commission’s desire to 
keep you informed as to the latest Federal regulations and 
opinions, as well as to those applicable only to Connecticut 
and adopted under the provisions of the Connecticut law- 
140 For your guidance in this respect you will find attached 
to the lists mentioned above, a list of those drugs which 
the Federal Food and Drug Administration feels unsafe for 
indiscriminate distribution, and which should be sold only 
on prescription. 
DRUGS WHICH MAY NEVER BE SOLD AT RETAIL 
EXCEPT ON PRESCRIPTION 
Drugs Containing Amidopyrine or a Derivative 
*Allonal 
Alphebin 
Amarbital 
Amidol 
Amido-Neonal 
Amidophen' 
Amidopyrine 
(Aminopyrine) 
Amidos 
Antidotal Compound 
Amifeine 
Aminol 
Am-Phen-Al 
Ampydin 
Amytal Compound 
Baramid 
Barb-Amid 
Benzedo Compound 
Cibalgine 
Compral 
Cronal 
Dormalgin 
Dymen 
Dysco 
Eu Med 
Cardan 
Gynalgos 
II exin 
Ipral-Aminopyrine 
Kalms 
Lumodrin 
*Midol 
Mylin 
Neonal Compound 
Neurodyne 
Nod 
*Nurito 
Optalidon 
*Peralga 
Phenamidal 
Phenopyrine 
Pyramidon 
Pyramidon Acid 
Camphorate 
Pyramidon Neutral 
Camphorate 
Pyramidon Salicylate 
Pyraminal 
Seequit 
Trigemin 
Yeast-Vite 
* Old formula; new samples do not contain amipodyrine. 
Drugs Which Contain Cinchophen or A Derivative 
Acitrin 
Agotan 
Artamin 
Atophan 
Atophanyl 
Leucotropin 
Lytophan 
Novatophan 
Oxyl-Iodide 
Paratophan 
141 Atoquinol 
Biloptin 
Cass Laboratories 
Preparations 
Chloroxyl 
Cinchophen 
Cincodin 
Cincosal 
Cinsa-Vess 
Fantan 
Farastan 
Harrell’s Rheumatism 
Cure 
Hexophan 
Iriphan 
Phenoquin 
Quinophen 
Renton’s Rheumatic 
Tablets 
Rheuma-Non 
Todd’s Rheumatic 
Capsules 
Tolysin 
Van Ard Sanitorium 
Treatment 
Weldona 
W. E. L. Specialized 
Preparations Nos. 1 
and 2 
Aldinol 
Corpu-Lean 
Dekrysil 
Dilex-Redusols 
Dinitra Tablets 
Dinitrenal 
Dinitriso 
Dinitrocatechol 
Phenyl Ether 
Dinitrocresol 
Dinitrocyclohexyl. 
phenol 
Dinitrognaiacol 
Dinitrol 
Dini'trolac 
Dinifrole 
Dinitronal 
Dinitronaphtol 
Dinotro-o- 
hydroxybiphenyl 
Drugs Containing Dinitrophenol or a Derivative 
Dinitrophenol 
Dinitrophes 
Dinitropyrocatechol 
Dinitrose 
Dini'trothymol 
Formula 281 
Formula 761 
Nitra-phen 
Nitromet 
Nitrophen 
Nox-Ben-Ol 
Prescription No. 17 
Re-Du 
Redusols 
Slim 
Sodinal 
Tabolin 
Techni Dinitrophen 
Thyo-Nitrol 
Drugs Containing Sulfanilamide or a Derivative 
Albucid 
Aldanil 
Ambesid 
Azosulfamide 
Proseptazine 
Pyriamid 
Rubiazol 
Sanamide 
142 Bayer 102 
Coccolase 
Colsulanyde 
Dagenan 
D B 32, 87 and 90 
Deseptyl 
Diseptal A, B and C 
Disulon 
1162 F 
Es’treptocida 
Eubasin 
Eubasinum 
Lysamide 
Lysococcine 
M & B 125, 13T and 
693 
Neoprontosil 
Novamide 
P. A. B. S. 
Prontosil 
Prontosil Album, 
Flavum, and 
Rubrum 
Prontosil S. 
Protylin 
Septazine 
(Setazine) 
Septoplex 
Soluseptazine 
Setramide 
Streptal and Streptal 
Soluble 
Streptamid 
Streptasol 
Streptocid Album and 
Rubrum 
Streptocide 
Streptozon and 
Streptozon S. 
Sulamyd 
Sulfa-Calamine Lotion 
Sulfa-Ceepryn Cream 
Sulfa Compound 
Sulfadrine 
Sulfaguen 
Sulfallantoin 
Sulfanvidazole 
Sulfamone 
Sulfapac 
Sulfarea 
Sulfasuxidine 
Sulfathiadox 
Sulfavitin 
Sulfonamides Ointment 
Sulfedex 
Sulf-Opto 
Sulmefrin 
Sulthigel 
Sulzadestrin Ointmer 
Sulfacet 
Sulfadiazine 
Sulfamethylthiazole 
Sulfamidyl 
Sulfanilamide 
Sulfaphenylthiazole 
Sulfapyridine 
Sulfathiazole 
Sulphonamide P. 
Trisulfa 
Trisulfin 
Uleuron (Uliron) 
Proseptasine 
Drugs Containing Both Amidopyrine and Cinchophen 
Amidonine 
Cincbopyrine 
DRUGS CONTAINING BARBITURIC ACID DERIVATIVES. 
Acoma 
fAllonal 
Alphenal 
Alurate 
Amytal 
Neonal 
Neuronidia 
Nobro 
Noctal 
Nostal 
143 Anli 
ARC 
Atasol 
Barbaphen 
Barbenzal 
Butisol Sodium 
Barbidon 
Barbital 
Barbitone 
Barlupulin 
Chineonal 
Cyclobarbital 
Cyclopen 
Delvinal 
Dial 
Dormelix 
Dormin 
Epilepson 
Ethalyl 
Evidorn 
Evipal 
Hunter’s Epilepsy 
Cure 
Ipral 
Isobutal 
Isonal 
Luminal 
Lumodrin 
Magrbees’s Epilepsy 
Treatment 
Mebaral 
Medinal 
Neorophen 
Nembutal 
Nurone 
Ortal 
Pentobarbital 
Pentothal Sodium 
fPeralga 
Pernocton 
Pembules Pental 
Phanodorn 
Phenobarbital 
Phenoleptol 
Prominal 
Proponal 
Renesol 
Renicin 
Rurosol 
Rutonal 
Sandoptal 
Seconal 
Sigmodal 
Somnacetin 
Somnifene 
Soneryl 
Tuinal 
Valisan 
Veronal 
Vitasol 
Warn’s Epilepsy 
Treatment 
Western Medical 
Corporation 
Treatment 
* See “Note” below, 
t New formula. 
Under Section 90le (j) a drug is misbranded “if it shall 
be dangerous to health when used in the dosage, or with the 
frequency or duration, prescribed, recommended or suggested 
in the labeling thereof.” A section with identical wording oc- 
curs in the Federal Food, Drug and Cosmetic Act. Under 
this section Federal authorities have expressed the opinion 
that certain drugs are so inherently dangerous that it is 
not possible to label them in such a manner as to remove the 
danger from their indiscriminate sale to the consumer, and 
NOTE 
144 ’that consequently they should be sold at retail only on pre- 
scription. A list of such drugs is given in the following table. 
The list includes babiturates some commercial preparations 
of which are listed on pp. 143-144- 
DRUGS WHICH FEDERAL AUTHORITIES CONSIDER 
DANGEROUS FOR SALE AT RETAIL EXCEPT 
ON PRESCRIPTION 
Aconite 
Amidopyrine 
Anthelmintic drugs: 
Carbon tetrachloride 
Male fern (aspi- 
dium) 
San'tonin 
Te'trachlorethylene 
Thymol 
Wormseed oil 
(chenopodium oil) 
Barbiturates 
Benzedrine sulfate 
(for internal use) 
Cinchophen, and 
derivatives includ- 
ing neocinchophen 
Cantharides (for in- 
ternal use) 
Chrysarobin or goa 
powder 
Chrysophanic acid 
Colchicine 
Colchicum 
Emetine 
Phosphides 
Phosphorus 
Radium 
Sulfanilamide 
Sulfapyridine 
Sulfathiazole 
Tansy, Tansy oil 
Thiocyanates 
Thyriod 
Bromides—requiring dosage of more than thirty grains per 
day or more than fifteen grains during any three-hour period. 
Acetanilid—in the case of medicines providing a total daily 
intake of more than five grains or more than three grains 
during any three-hour period. 
Bromide-Acetanilid Combniation—'providing for more than 
a total daily dosage of fifteen grains sodium bromide and five 
grains acetanilid, or more than hVz grains sodium bromide 
or 2Vz grains acetanilid during any three-hour period- 
Comparable amounts of other bromide preparations are 
subjected to the same restrictions. 
Acetophenetidin—in daily dosages of more than fifteen grains 
Antipyrine—in daily dosages of more than fifteen grains- 
Epinephi'ine—in solution of 1% or stronger. 
Ipecac—in daily doses greater than 10 grains- 
Strychnine—in daily dosages greater than 1/20 grain. 
145 The Federal Food and Drug Adimnistration also feels that 
products containing therapeutically effective proportions of 
digitalis, squill, strophemthus or any other pharmacologically 
related drugs will not be safe for indiscriminate distribution. 
It has been ruled that the enforcement of the State and 
local Acts relating to the sale of drugs and the practice of 
Pharmacy in no way restricts the application of the Federal 
Law to the distribution by retailers of drugs which have 
been in interstate commerce.