1895_public laws_123_4
CHAPTER 122 An act to prevent the adulteration, misbranding and sale of foods. The General Assembly of North Carolina do enact:
That for the purpose of this act an article shall be deemed to be adulterated in case of food or drink, first: If any substance, or substances, has or have been mixed and packed with it so as to reduce, or lower, or injuriously affect, its quality or strength, so that such product, when offered for sale, shall be calculated and shall tend to deceive the purchaser; second, if any inferior substance or substances, has or have been substituted, wholly or in part, for the article, so that the product, when sold, shall tend to deceive the purchaser; third, if any valuable constituent of the article has been, wholly or in part, abstracted, so that the product, when sold, shall tend to deceive the purchaser ; fourth, if it be an imitation of, or sold under, the specific name, brand or trade-mark of another article; fifth, if it be mixed, colored, powdered or stained in a manner, whereby damage is concealed, so that such product, when sold, shall tend to deceive the purchaser; sixth, if it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it; seventh, if it consists, of the whole or any part, of a discarded, filthy, decomposed or putrid animai or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if itis the product of a diseased animal which has died otherwise than by slaughter: Provided, that an article of food which does not contain any added poisonous ingredient shall not be deemed adulterated or misbranded, in the following eases: First, 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, and not included in definition fourth of this section ; second, in the ease of articles labeled, branded or tagged so as to plainly indicate that they are mixtures, compounds, combinations or blends; third, when any matter or ingredient has been added to the food because the same is required for the production or preparation thereof as an article of commerce ina state fitter for carriage or consumption and not fraudulently increase the bulk, weight or measure of the food or conceal the inferior quality thereof: Provided, that the same shall be labeled, branded or tagged so as to show them to be compounds: And provided, further, that nothing in this act shall be construed as requiring or compelling manufacturers of articles of food to disclose their trade formulas ; fourth, when the food is unavoidably mixed with some extraneous matter in the process of collection or preparation. ;