153 P. 417 | Or. | 1915
delivered the opinion of the court.
This litigation arises under the pure food law of February 26, 1915. According to the prevalent fashion of Oregon legislation involving boards and commissions, the act first provides for salaried commissioner and deputies, chemists and agents. This important purpose of the enactment having been accomplished, it takes up the subject of food, defining it thus in Section 20:
*403 “The term ‘food’ as used herein, shall include all articles used for food or drink, or intended to be eaten or drank sby man, whether simple, mixed or compound.”
The preceding section declares that:
“No person shall within this state manufacture for sale, have in his possession with the intent to sell, offer or expose for sale, or sell, any article of food which is adulterated within the meaning of this act.”
It is said in Section 21:
“An article shall be deemed to be adulterated within the meaning of this act: (1) If any substance has been mixed with it so as to lower or depreciate, or injuriously affect its quality, strength or purity. # * (7) If it contains any added substance or ingredient which is poisonous or injurious to health. * # (16) Candy containing terra alba, barytes, talc, chrome yellow, or any other mineral substances, poisonous color, or flavor or other ingredient injurious or detrimental to the health of consumers”: Laws 1915, p. 564.
It is also made unlawful for any person, firm or corporation to manufacture, sell or offer or expose, or have in possession with intent to sell within this state, any article of food which is misbranded within the meaning of the act.- Section 35 says:
“The term ‘misbranded,’ as used herein, shall apply to all articles of food or articles which enter into the composition of food, the package or label of which bears any statement, design, or devise regarding such article, or the ingredients or substance contained therein which shall be false or misleading in any particular and to any food product which is falsely branded as to the state, territory, county or country in which it is manufactured or produced. That, for the purpose of this act, an article shall be deemed to be misbranded: (1) In case of drugs: If its package or*404 label shall bear or contain any statement, design or device regarding the curative or therapeutic effect of such article or any of the 'ingredients or substances contained therein, which is false and fraudulent. (2) If it be an imitation, or offered for sale under a distinctive name of another article. (3) If it be labeled, branded, or placarded so as to deceive or mislead the purchaser, or purport to be foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if it. fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine,, opium, cocaine, heroin, formaldehyde, saccharine, salicylic acid, boric acid, alpha or beta eucaine, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any such substances, or any other poisonous acid or substance. * * (5) If the package or its label shall bear any statement, design or device regarding the ingredients or substance contained therein, which statement, design or device be false or misleading in any particular; provided, that an article of food which does not contain any added poisons or deleterious substance shall not be deemed to be adulterated or misbranded in the following cases: (1) In case of mixtures or compounds which may be now or from time to time known as articles of food, under their own distinctive name, and not an imitation of or offered for sale under a distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the name and address of the manufacturer and the place where said * * articles labeled, branded or tagged so * * blends, and the word ‘compound,’ ‘vimitation,’ or ‘blend’ as the case may be, is plainly stated on the package in which it is offered for sale * * ”: Laws 1915, p. 567.
In the earlier sections of the act the commissioner is required to make uniform rules and regulations for the purpose of carrying out and enforcing the provisions of the act and cause them to be published in the
Affirmed.