§ 36-a. Providing for the care and maintenance of carriers of disease. Whenever an individual is declared by the state commissioner of health as being a carrier of typhoid fever bacilli and whenever, for the protection of the public health, the state commissioner of health shall have certified to the necessity of continued quarantine; or, whenever, in accordance with rules and regulations adopted by the state commissoiner *‡ of health a carrier of the germs of typhoid fever is pre- Typhoid vented from carrying on any occupation which would carriers enable him to gain a livelihood, such individual may be given hospital or institutional care under the sur- Instituveillance of the local health officer at the expense of the state if such hospital or institution in the judgment of the state commissioner of health be properly equipped for the care and maintenance of said individual.

tional care

When no such hospital or institution is available Medical and when in the opinion of the state commissioner of maintenhealth such individual may be cared for at home or in home a private family with due regard to the protection of the public health the local charities commissioner or overseer of the poor shall, in accordance with rules and regulations adopted by the commissioner of health, furnish necessary medical attendance and maintenance. No expenditure for the purposes herein authorized Expendishall be contracted for or incurred by any local overseer authorized of the poor or charities commissioner until after such by the expenditure has been authorized and approved by the sioner state commissioner of health. A verified statement of any such approved expense incurred hereunder shall be transmitted by the local overseer of the poor or charities commissioner to the state commissioner of health. The commissioner of health shall examine this state- Verified ment and if satisfied that such authorized expenses of expenses

by poor official to

are correct and necessary in accordance with rules and be audited regulations adopted by him he shall audit and allow the

by commissioner and paid by state treasurer

Mandamus

New York city excepted

Manu

fertilizer, etc., prohibited

same and when so audited the amount thereof shall be paid by the state treasurer on the warrant of the comptroller to such institution or local poor officer. (Added by L. 1916, ch. 371, in effect May 1, 1916.)

§ 37. Mandamus. The performance of any duty or the doing of any act enjoined, prescribed or required by this article, may be enforced by mandamus at the instance of the state department of health or its president or secretary, or of the local board of health, or of any citizen of full age resident of the municipality where the duty should be performed or the act done.

§ 38. Exceptions and limitations as to city of New York. Sections twenty to thirty-eight inclusive of this article shall not be construed to affect, alter or repeal laws now in force relating to the board of health of the city of New York nor the sanitary code duly adopted and now in force in such city. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.)

§ 39. Certain kinds of business and manufacture pro

facture of hibited in cities or within three miles therefrom; exceptions. It shall not be lawful for any person or within city persons to engage in or carry on the business of fat Orrewithilles rendering, bone boiling or the manufacture of fertilizers therefrom or any business as a public nuisance within the cor

or

porate limits of any incorporated city of this state, or within a distance of three miles from the corporate limits of any incorporated city, provided, however, that nothing herein contained shall prevent the rendering of fresh killed cattle or swine. All departments of health or the commissioner or commissioners thereof in any incorporated city of this state shall have power to enforce the provisions of this section. Any person or persons offending against the provisions of this section shall, upon conviction thereof, be guilty of a misdemeanor. This section shall not apply to the counties of Fulton, Wayne, Tompkins, Chautauqua, Orange, Exceptions Dutchess, Erie, Monroe, Oneida, Onondaga, New York, Schoharie, Ulster, Greene, Cayuga, Cattaraugus, Niagara, Saratoga, Schenectady, Hamilton, Montgomery and Orleans.

ARTICLE IV
Adulterationst

Section 40. Definitions.

41. Adulterations.

42. Duties of state department of health in
respect to adulterations.

43. Analysis of spirituous, fermented or malt

liquors.

44. Samples to be furnished.

45. Seizure of milk.

46. Adulteration of wines.

47. Pure wine defined.

48. Half wine and made wine defined; packages,

how stamped or labeled.

49. Penalties.

50. Report to district attorney.

66

"Food"

§ 40. Definitions. The term "food," when used herein, shall include every article of food and every beverage defined used by man and all confectionery; the term drug," Drug when so used, shall include all medicines for external and internal use.

§ 41. Adulterations. No person shall, within the state, manufacture, produce, compound, brew, distill, have, sell cr offer for sale any adulterated food or drug. An article shall be deemed to be adulterated within the meaning of this chapter:

A. In the case of drugs:

defined

1. If when sold under or by a name recognized in the Adulter

United States pharmacopeia, it differs from the standard of strength, quality or purity laid down therein.

2. If, when sold under or by a name not recognized in the United States pharmacopeia, but which is found in some other pharmacopeia or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work.

3. If its strength or purity fall below the professed standard under which it is sold.

4. If it contains methyl or wood alcohol, in any of its forms, or any methylated preparation made from it. B. In the case of food:

1. If any substance or substances has or have been mixed with it so as to reduce or lower or injuriously affect its quality or strength.

2. If any inferior or cheaper substance or substances have been substituted wholly or in part for the article. 3. If any valuable constituent of the article has been wholly or in part abstracted.

4. If it be an imitation or be sold under the name of another article.

5. If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal.

6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value.

7. If it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it. Provided that an article of food which does not contain any ingredient injurious to health, shall not be deemed to have been adulterated, in the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food under their own distinctive names, or which shall be labeled so as to plainly indicate that they are mixtures, combinations, compounds or blends, and not included in definition four of this subdivision.

8. If it contains methyl or wood alcohol in any of its forms, or any methylated preparation made from it.

liquors

C. In the case of spirituous, fermented and malt liquors, if it contain methyl or wood alcohol in any of its forms, or any substance or ingredient not normal or Adulterhealthful to exist in spirituous, fermented or malt ated liquors, or which may be deleterious or detrimental to defined health when such liquors are used as a beverage. In the case of ale or beer, if it contains any substitute for hops, or pure extract of hops, or if any such substitute is used in the manufacture thereof.

ated

con

D. In the case of confectionery, if it contains terra alba, barytes, talc or other mineral substance or poison- Adulterous colors or flavors, or other ingredients deleterious or fectionery detrimental to health. If the standard of any article defined of food or any drug is not established in a national pharmacopeia, the state board of health shall, from time to time, fix the limit for variability permissible therein. The state board of health may, from time to time, with the approval of the governor, declare what articles or preparations shall be exempt from the provisions of this article, and publish a list of such articles which shall thereafter be so exempt. Every person violating any provision of this section shall forfeit to the people of the state the sum of one hundred dollars for every such violation.

§ 42. Duties of state department of health in respect state deto adulterations. The state department of health shall partment take cognizance of the interests of the public health as to enforce affected by the sale or use of food and drugs and the adulterations thereof, and make all necessary inquiries Appointand investigations relating thereto. It shall appoint ment of such public analysts, chemists and inspectors as it chemists may deem necessary for that purpose, and revoke any spectors