Pennsylvania Act 1883-34 — IMITATION BUTTER AND CHEESE, LABELED

Act text

IMITATION BUTTER AND CHEESE, LABELED
                   Act of May 24, 1883, P.L. 43, No. 34               Cl. 31
                                  AN ACT

     For the protection of dairymen, and to prevent deception in
        sales of butter and cheese.

        Section 1.  Imitations of butter and cheese to be so marked
        Every person who shall manufacture for sale, or who shall
     offer or expose for sale, or who shall export to a foreign
     country, by the tub, firkin, box or package, or any greater
     quantity, any article or substance in semblance of butter or
     cheese, not the legitimate product of the dairy, and not made
     exclusively of milk or cream, but into which any oil, lard or
     fat not produced from milk or cream enters as a component part,
     or into which melted butter or any oil thereof has been
     introduced to take the place of cream, shall distinctly and
     durably stamp, brand or mark upon the side of every cheese, and
     also upon the top and side of every such tub, firkin, box or
     package of such article or substance, the words "oleomargarine
     butter," or if containing cheese the words "imitation cheese"
     only, where it can be plainly seen in Roman letters, which shall
     be burned in or painted thereon with permanent black paint in a
     straight line, and shall not be less than one-half inch in
     length, and if for export shall also invoice the same and clear
     the same through the custom house as "oleomargarine butter," or
     if cheese, as "imitation cheese," and in case of retail shall,
     in all of such articles or substances in parcels, the seller
     shall, in all cases, sell or offer or expose the same for sale
     from a tub, firkin, box or package stamped, branded or marked,
     as herein stated, and shall also deliver therewith to the
     purchaser printed label bearing the plainly printed words
     "oleomargarine butter," or if cheese, the words "limitation
     cheese" only, in Roman letters not less than one-half inch in
     length, which shall be printed in a straight line, and every
     sale of such article or substance, or export of the same, by the
     tub, firkin, box or package, or in any greater quantity, not so
     stamped, branded or marked, and, if exported, not invoiced and
     cleared through the custom house as "oleomargarine butter," or
     if cheese as "imitation cheese," and every sale of such article
     or substance at retail in parcels that shall not be sold from a
     tub, firkin, box or package so stamped, branded or marked, or
     without delivery of a label therewith as above stated, is
     declared to be unlawful and void, and no action upon any
     contract shall be maintained in any of the courts of this State
     to recover upon any contract for the sale of any such article,
     or semblance, not so stamped, branded, marked, labeled or sold.
     1883, May 24, P.L. 43, Sec. 1.
        Section 2.  Penalty for violation of act
        Every person who shall sell, or offer or expose for sale, or
     export to a foreign country, or have in his or her possession
     with intent to sell, by the tub, firkin, box or package, or in
     any greater quantity, any of the said article or substance
     required by the first section of this act to be stamped,
     branded, marked, and, if exported, invoiced and cleared through
     the custom house as "oleomargarine butter," or "imitation
     cheese," as therein stated, that shall not be so stamped,
     branded, marked and, if exported, invoiced according to the
     provisions of this act, or in case of retail sales in parcels,
     every person who shall sell or offer or expose for sale any of
     said article or substance without selling, offering or exposing
     for sale the same from a tub, firkin, box or package, stamped,
     branded or marked as in said first section stated, or without
     delivery of a label as required by section one of this act,
     shall for every such offense forfeit and pay a fine of one
     hundred dollars, to be recovered, with costs, in any of the
     courts of this State having cognizance thereof in an action to
     be prosecuted by any district attorney in the name of the
     commonwealth, and shall be paid into the county treasury. 1883,
     May 24, P.L. 43, Sec. 2.
        Section 3.  Violation of act a misdemeanor; evidence of
     guilty knowledge
        Every person who shall sell or offer or expose for sale, or
     export to a foreign country, or who shall cause or procure to be
     sold, offered or exposed for sale, by the tub, firkin, box or
     package, or in any greater quantity, any article or substance
     required by the first section of this act to be stamped,
     branded, marked and, if exported, invoiced and cleared as
     therein stated, not so stamped, branded, marked and, if
     exported, invoiced and cleared, or, in case of retail sales in
     parcels every person who shall sell, or offer or expose for
     sale, or who shall cause or procure to be sold, offered or
     exposed for sale any article or substance required by the first
     section of this act to be sold, offered or exposed for such sale
     from a tub, firkin, box or package, stamped, branded or marked,
     and labeled as therein stated contrary to the provisions of said
     section, shall be guilty of a misdemeanor, and upon conviction
     shall be punished by a fine of not less than fifty dollars, nor
     more than two hundred dollars, or by imprisonment in the county
     jail, for not less than ten nor more than thirty days, or by
     both such fine and imprisonment for each and every offense.
     1883, May 24, P.L. 43, Sec. 3.