BROKEN OR UNBROKEN PACKAGE DEFINED.

The term "Broken or unbroken package" as used in these Regulations, is the original package or part thereof, carton, case, box, barrel, bottle, phial, or other receptacle put up by the manufacturer to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food, drug, liquor or water article.

The original package contemplated includes both the wholesale and the retail packages.

REG. 4. STATE FOOD COMMISSIONER, DAIRY COMMISSIONER, ANALYST.

The President of the Louisiana State Board of Health shall be ex-officio State Food Commissioner. The State Food Commissioner may, with the advice and consent of the Louisiana State Board of Health, appoint two or more Assistant Commissioners, each one of acknowledged standing, ability, and integrity, one of whom shall be an expert in the matter of dairy products, and one of them shall be a practical Analytical Chemist, who shall be known as the State Analyst. The salaries of each assistant shall be fixed by the State Food Commissioner, by and with the consent of the Louisiana State Board of Health. In case of the absence or inability of the State Analyst to perform all the duties of his office or for the purpose of expediting the work of the Department, the State Food Commissioner may appoint some competent person to assist in the same temporarily.

REG 5. INSPECTORS.

The State Food Commissioner shall have authority, by and with the consent of the Louisiana State Board of Health, to appoint necessary inspectors, to assist in the work of the State Food Commissioner at such times and for such periods of time as may be required in the enforcement of the dairy, drug and food laws of the State. Such Inspectors shall have the same right of access to places to be inspected as the State Food Commissioner. The compensation of such Inspectors shall be fixed by the State Food Commissioner, by and with the consent of the Louisiana State Board of Health.

REG. 6. DUTY OF STATE FOOD COMMISSIONER.

It shall be the duty of the State Food Commissioner to enforce all the rules and regulations herein provided for or that may hereafter be enacted by this Board regarding the production, manufacture or sale of dairy products or the adulteration of any article of food or drugs, liquors or waters, and personally or through his assistants, to inspect any article of food, drugs, liquors or waters, made or offered for sale or held in possession for sale, which he may, through himself or his assistants, expect or have reason to believe to be impure, unhealthful, adulterated or misbranded, and to prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations, engaged in the manufacture or sale of any adulterated or misbranded article or articles of food, drugs, liquors or waters, contrary to these Regulations.

REG. 7.

EXAMINATION OF FOOD, DRUGS, LIQUORS OR
WATERS, COLLECTION OF SAMPLES..

METHODS OF ANALYSIS.

The examination of foods, drugs, liquors or waters shall be made by the State Analyst or his Assistants under the direction of the State Food Commissioner for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of these regulations, and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of these Regulations, the State Food Commissioner shall cause notice thereof to be given to the party from whom such sample was obtained; any party so notified shall be given an opportunity to be heard under such other rules and regulations as may be prescribed by this Board, and if it appears that any of their rules and regulations have been violated by such party, then the State Food Commissioner shall at once certify the facts to the District Attorney of the District wherein the offense was committed with a copy of the results of the analysis or the examination of such article duly authenticated by the Analyst or officer making such examination under the oath of such officer; after judg ment of the Court, notice shall be given by publication in such manner as may be prescribed by this Board.

Samples of broken or unbroken packages shall be collected only by Inspectors appointed by the State Food Commissioner, or by the Health, Food, or Drug Officer of the Cities and Towns of Louisiana. Samples may be purchased in the open market, and if in bulk, the marks, brands or tags upon the package, carton, container, wrapper or accompanying printed or written matter shall be noted. The Inspector shall also note the names of the Vendor and Agent through whom the sale was actually made, together with the date of purchase. The Inspector shall purchase representative samples. A sample taken from bulk goods shall be divided into three (3) parts and each part shall be labeled with the identifying marks. All samples shall be sealed by the Inspector with a seal provided for the purpose. If the package be less than four (4) pounds, or in volume less than two (2) quarts, three (3) packages of approximately the same size. shall be purchased when practicable, and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased, one sample shall be sent to the Food Laboratory of the State Analyst, and the third sample shall be held under seal by the State Food Commissioner.

REG. 9. METHODS OF ANAYLSIS.

Unless otherwise directed by the State Board of Health the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopoeia.

REG. 10. HEARINGS.

(A) When the examination or analysis shows that the provisions of the "Food and Drug Regulations of the Louisiana State Board of Health" have been violated, notice of the fact together with a copy of the findings shall be furnished to the party or parties from whom the sample was obtained, and a date shall be fixed at which

such party or parties may be heard before the State Food Commissioner, or such other official connected with the Food and Drug Inspection Service as may be commissioned by the State Food Commissioner for that purpose; the hearings shall be held at a place to be designated by the State Food Commissioner most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person, or by Attorney, and may propound interrogatories, and submit oral or written evidence to show any fault or error in the findings of the Analyst or Examiner. The State Food Commissioner may order a re-examination of the samples or have new samples drawn for further examination.

When an article examined by the State Analyst is found to come in conflict with the regulations of the Louisiana State Board of Health, a written notice shall be served at once on the person or persons, or dealers, offering the same for sale, warning him or them not to sell or expose for sale such condemned article or articles.

(B) Whenever it would appear to the best interest of the public health and welfare, the Food Commissioner of the Louisiana State Board of Health is required to render such condemned articles of food, drugs, liquors or waters, unfit for consumption by man or animals.

(C) In the event that such person or persons, shall continue to violate these Regulations by selling, offering for sale, or held in possession for sale or barter, such condemned article or articles, the State Food Commissioner shall lay before the District Attorney of the District in which the violation occurred, the evidence of such violation, together with a copy of the analysis of the State Analyst.

(D) In the event the District Attorney should fail to promptly institute proceedings in a Court of competent jurisdiction, the State Food Commissioner shall place the whole matter in the hands of the Attorney General of the State.

REG. 11. DEFINITION OF THE WORDS FOODS AND DRUGS AS USED HEREIN.

(A) The term drug as used in these Regulations shall include all substances, compounds and preparations recognized in the United States Pharmacopoeia or National Formulary, for internal or external use, and any other substance or mixture of substance intended to be used for the cure, mitigation or prevention of disease of either man or other animals.

(B) The term "food" as used herein, shall include all articles intended for food, drink, confectionery condiment, or used in the preparation thereof, whether simple, mixed, or compound.

REG. 12. FOOD ADULTERATIONS DEFINED.

For the purposes of these Regulations, an article shall be deemed to be adulterated in case of foods:

SEE STANDARDS FOR FOODS, REG. 45.

(1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

(2) If any substance has 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 mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

(5) If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, that when in the preparation of food products for shipment they are preserved by an external application applied in such manner that the preservative is necessarily removed mechanically, or by macration in water or otherwise, and directions for the removal of said preservatives shall be printed on the covering of the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.

Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and elimination in the further process of manufacture.

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

POWDERING, COATING AND STAINING.

(7) (a) The reduction of a substance to a powder to conceal inferiority in character is prohibited.

(b) The term "powder" means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder.

(c) The term "coated" means the application of any substance

to the exterior portion of a food product.

(d) The term "stain" includes any change produced by the addition of any substance to the exterior portion of foods, which in any way alters their natural tint.

The term "misbranded" as used herein shall apply to all drugs cr articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or Country in which it is manufactured or produced.

That for the purposes of these Regulations, an article shall also be deemed to be misbranded:

IN CASE OF DRUGS.

First-If it be an imitation of, or offered for sale under the name of another article.

Second-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 the package fail to bear a statement on the label of the quality or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third-If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth-If the package containing it or its label shall bear any statement, design or device which shall be false or misleading in any particular.

Provided: That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases.

First-In the case of mixture or compounds which may be new of from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand wih a statement of the place where said article has been manufactured or produced.

Second-In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, Imitations, or blends, and the word "compound," "imitation," or "blend" as the case may be, is plainly stated on the package in which it is offered for sale. Provided: That the term blend, as used herein, shall be construed to mean a mixture of like substances.

REG. 14. LABEL.

(a) The term "label" applies to any printed, written, pictorial, or other matter upon or attached to any package of a food or drug product, or any container thereof, including ink written, typewritten, or stencilled labels of druggists.

(b) The principal label shall consist, first-the name of the substance or product; the name of place of manufacture in the case of food compounds or mixtures; words which show that the articles are compounds, mixtures or blends; the words "compound," "mixture" or "blend," or the words designating the substances or their derivatives, and proporions required to be named in the case of drugs; and in the case of foods, the constituents are to be named in the order of their relative proportion.

All these required words shall appear upon the principal label with no intervening description or explanatory reading matter.

Second-If the name of the manufacturer and place of manufacture are given, they shall also appear upon the principal label.

Third-Elsewhere upon the principal label other matter may appear in the description of the manufacturer.

(c) The principal label on food or drugs for domestic commerce shall be printed in English (except as hereinafter provided for), with or without the foreign label in the language of the country where the food or drug product is produced or manufactured.

The size of type shall not be smaller than 8-point (brevier) caps; Provided, that in case the size of the package will not permit the use of 8-point (brevier) cap type, the size of the type may be reduced proportionately.

(d) The form, character and appearance of the labels, except as provided above, are left to the judgment of the manufacturer.

(e) Descriptive matter upon the label shall be free from any statement, design or device regarding the article or the ingredients or substances contained therein, or quality thereof or place of origin, which is false or misleading in any particular.

(f) An article containing more than one food product or active medicinal agent, is misbranded if named after a single constituent.

In the case of drugs, the nomenclature employed by the United