The Key West Citizen Newspaper, September 7, 1939, Page 19

ee ee eee nee: practicing deceit or other fraud up- on the public or individual patients, in obtaining, or attempting to obtain practice; or of false notice, advertis- ment. publication, or circulation of false claims, or fraudulent and mis- jJeading statements of his or her art or skill or knowledge, or his or her methods of treatment, or practice, or shall be guilty of any offense in- volving moral turpitude, or of ad- vertising professional services in a superior manner, or of advertising by means of a large and glaring display. light signs or containing as @ part thereof. the representation of a foot, leg. or any portion of the human foot or leg, or of employ- ing or making use of advertising s0- lieitors or of free publicity press agents. or advertising any free Chi- ropody work or free examinations, or of advertising to guarantee any Chiropody services or to perform any Chiropody operation painlessly, the Board shall revoke the license of such person. These charges may be preferred by any person or corporation, or the Board may, on its own motion direct the executive office; of said Board to prefer said charges. An accusa- tion may be filed with the Secretary and Treasurer of the Board charg- ing any licensed Chiropodist with any of the offenses herein enumerat- ed. Such accusation to be in writ- ing. signed by the accuser and veri- fied under oath. (13) HEARING OF CHARGES AGAINST ACCUSED; FORM OF NOTICE TO ACCUSED.—Whenever such accusation as provided for in the preceding paragraphs is filed, the Board shall set a day for a bearing and the Secretary-Treasurer of the Board shall transmit to the accused a true copy of any and all charges filed with him relating to such accusations, and shall notify in writing the accused that on the day fixed for the hearing, which day shall not be less than ten days from the date ef such notice, he or she may appear or show cause, if any, whv his or her license to’ practice Chiropody, in the State of Florida, should not be revoked. For the pur- pose of such hearing, the Board is hereby empowered to require by sub- poena the attendance of witnesses, to administer oaths and hear testi- mony, either oral or documentary, for and against the accused and said accused shall have the right at said hearing to cross-examine the wit- nesses, to procure witnessse in his defense and to appear personally or by counsel. The notice provided for im this Section shall be substantially an the foollowing form: Florida: You are hereby notified that charges have been filed with the Secretary-Treasurer of the Florida State Board of Chiropody Examiners against you as a practic- ing Chiropodist, in the State of Florida. a true copy of such charges being attached thereto, and that the said Board has fixed 'the . day of A. D., 19.., at the hour of @Oclock. ......... +, in Florida, for a hearing on such charges, at which time you are hereby notified to appear before said Board and show cause, if any you can, why your license to practice Chiropody in the State of Florida should not be revoked. At the same time and place, the Board will hear testimony. either oral or documentary both for and against you, relating to such charges. Dated at ...++-,)Florida. Secretary - Treas- urer of the Florida Board of Chiro- pody Examiners. Such notice shall be sent to the accused by registered mail, directed to his or her last known mailing ad- dress. and the post office registration receipt therefor. or the post office registration receipt signed by the ac- cused. or his or her agent, shall be prima facie evidence of such notice. (4) BOARD'S POWER TO RE- VOKE LICENSE OF CHIROPO- DIST. Said Board may, upon satisfactory proof made that any licentiate has been guilty of any of the charges against him, suspend such licentiate from the practice of Chiropody and call in the license of said licentiate upon a two-thir majority vote of the Board; prov ed. however, that such suspended Chiropodist may have the proceed- ings of said Board reviewed by cer- tiorari to the circuit court of the cir- cuit in which said license is record. ed. The accused shall have the right to demand a trial de novo before the circuit court, and thereafter the court shall hear and determine the guilt or innnocence of the accused according to the evidence and law applicable to the facts which shall be produced before him, and unless the guilt of the accused shall appear bevond a reasonable doubt, the court shall render the decision in favor of the accused and restore him to all rights to practice under this Chap- ter. Said writ shall issue upon the petition of the person whose license has been revoked, at any time within ninety days after such revocation. Appeals from any decision of the cireuit court may be taken to the Supreme Court of Florida in the same manner and subjects to like conditions as appeals in chancery are taken. In the event that any such license shall be revoked or reg- istration annulled under the provis- jons of this Chapter, the said Board* hall forthwith transmit to the clerk of the circuit court or courts in which said accused is registered as a Chiropodist. a certificate under its seal. certifying that such registration has been annulled, and such clerk shall, upon receipt of such certifi- cate. file the same and forthwith mark such registration “annulled.” Any person who shall practice after hb license has been revoked and registration annulled, shall be deemed to have practiced Chiropody without a license. However, at any time after six months from the date ef said conviction, said Board may, by a majority vote. issue a new | cense. or grant a license to the per- son affected. restoring, or conferring all the rights and privileges of and pertaining to the practice of Chir pody as defined and regulated b: this Chapter; the fee therefor shail be the same as upon the issuance of the original license. (15) RECORDS TO BE KEPT BY SECRETARY - TREASURER OF BOARD.—The _Secretary-Treasurer of the Board shall keep a record book in which shall be entered the names of all persons to whom li- censes have been granted under this papter. the license number, and the dates of granting such licenses and other matters of record, and the book so provided and kept shall be ceemed a book of records, and a transcript of any record therein, or @ certificate that there is not enter- therein the name and_ licens license to. a person charged with a violation of any of the provisions of this Chapter. certified under the hands of the Secretary-Treasurer and the seal of the Board, shall be admitted as evidence in any of the courts of this, State. The original books. records and papers of the Board shall be kept at the office of the Secretary - Treasurer of said Board. which office shall be at such place as may be designated by the Board. The said Secretary-Treasur- er shall furnish to any person mak- ing application therefor, a copy of any part thereof, certified by him as Secretary - Tresaurer, upon pay- ment of a fee of twenty-five cents per hundred words so copied, the said fee to belong to the Secretary- Treasurer Sec. 4. That said Chapter 15911. Acts of 1933, Laws of Florida, be and the same is hereby amended by the addition thereto of the follow- ing section, designated and known as (16) to read as follows:— if (46) PRACTICING CHIROPODY WITHOUT LICENSE, ETC. — Any licensed Chiropodist ‘who fails or neglects to register by January first of any year as required by the pro- visions of Section One to Eleven shall upon conviction be punished by a fine of not more than fifty dol- lars. ‘Any person who shall ‘ (a) Sell. or fraudulently obtain or furnish any Chiropody diploma, li- cense record or registration, or aid or abet in the same; or (b) Practice Chiropody under cav- er of any diploma, license, record or registration illegally or fraud- lJently obtained or secured, or issued unlawfully on fraudulent represen- tation; or ; (c) Advertise to practice Chiro- pody under a name other than his own or under an assumed name; or (d) Falsely impersonate another practitioner of a like or different name, and Any person who not being then lawfully licensed and authorized to practice Chiropody in this State, shall (a) Practice or advertise to prac- tice Chiropody. (b) Use in connection with his name any designation tending to im- ply or designate as a practitioner of Chiropody; and (c) Use the title “Doctor,” or any abbreviation thereof in connection with his name, or with any trade name in the conduct of any occupa- tion or profession, involving or per- taining to the public health, or the diagnosis or treatment of any hu- man disease, pain, injury, deformity or physical condition unless duly li- censed by a Board created under the laws of the State of Florida; and, Any person who during the time his license to practice Chiropody shall be suspended or revoked, shail practice Chiropody, shall upon cgn- viction be punished by a fine of not more than five hundred dollars, or by imprisonment in the County Jail not exceeding six months. (17) EFFECT OF PARTIAL IN- VALIDITY OF CHAPTER.—If any clause or section of this Chapter be declared unconstitutional, or in- valid for any other reason,’ by any competent court of this State, the remaining portion or portions of this Chapter shall be and remain in force and valid as if such clause or section had not been incorporated therein. ec. 5. This Act shall go into into effect immediately upon its pass- age and approval by the Governor or becoming a law without his ap- proval. Approved by the Governor May 29. 1939. CHAPTER 19570 AN ACT Regulating the Distribu- tion and Sale of Domestic Malt or Brewed Beverages as Defined in Chapter 16774, Laws of Florida, Acts of 1935, Entitled “An Act Regulating and Taxing the Manufacture, Distri- bution ann Sale of Beverages Con- taining More Than One Per Centum of Alcohol, Creating and Providing Penalties for the Violation of This Act and Repealing Existin Laws Concerning Said Beverages,’ Pro- viding for a Minimum Cash Deposit on Each Case of Twenty-four Bot- tles of Such Beverage, and Provid- ing for Enforcement of said Pen- alties for the Violation of this, Ac’ Be It Enacted the Legisiatire of the State of Florida: Sec. 1. that all licensed wholesal- ers and distributors of domestic malt or brewed beverages as defined in Chapter 16774, Laws of Florida, Acts of 1935, must require a mini- mum cash deposit of fifty cents on the sale of each case of twenty-four bottles of any domestic malt or brewed beverage herein referred to from their vendors, and all vendors thereof must make a minimum cash desposit of fifty cents on the pur- chase of each case of twenty-four bottles of any domestic malt or brewed beverage herein referred to, and must require a minimum cash deposit of fifty cents on the sale of each case of twenty-four bottles of any domestic malt or brewed bev- erage herein referred to from their purchasers. Sec. 2. The director and supers visors of the Beverage Department created under Chapter 16774, Laws of Florida, Acts of 1935, and any amendment thereto, shall enforce the provisions of this Act and are hereby vested with the same rights and authority to enforce this said Act as are provided for in said Chapter 16774, Laws of Florida, Acts of 1935, and ‘any amendment there- to. Sec. 3. The violation of any of the provisions of this Act shall con- stitute a violation of Chapter 16774, Laws of Florida, Acts of 1935, and any amendment thereto, and shall be punishable in the same manner as provided in said Act, and any amendment thereto. Sec. 4. None of the provisions of Chapter 16774, Laws of Florida, Acts of 1935, or any amendment thereto, is hereby repealed, but this law shalj be supplemental to and cumulative to the provisions of said Act. Sec. 5. This Act shall take effect immediately unon its becoming a law. Became a law ernor’s approval. CHAPTER 19617 AN ACT To Amend Section 5918, Revised General Statutes of Florida, the Same Being Section 8182, Com- piled General Laws of Florida, Re- lating to Expenditures Allowable in Furtherance of the Candidacy of any Person at a Primary Election. Be It Enacted by the Legisiature of the State of Florida: Se 1. That Section 5918, Revised General Statutes of Florida, the same being Section 8182, Compiled General Laws of Florida, be and the same is hereby amended to read as follows “Sec. 5918. Only certain expendi- tures allowed in furtherance of can- didacy at primary election; penal- ty.—No person, in the furtherance if his candidacy for nomination for Public office or public position, in a primary election, shall himself, or by or through any other person or persons, or on behalf of any other person, directly or indirectly, give, pay or expend any money or to pay or give anything of value or autho- rize any expenditure or become pe- cuniarily liable, except and only for the following purposes, to-wit: For his traveling expenses while campaigning, fee for qualifying, stenographic work, clerks at his campaign headquarters to address, prepare and mail campaign litera. ture, telegrams, telephones, wireless telephone (Radio) postage freight, express, stationery, list of voters, of- fice rent, newspaper advertising, ad- vertising in campaign books, print- ing and the renting of halls in which to address the voters. The expenditures of any money or giving, paying, or promising to or pay any money or anything of value directly or indirectly by any candidate in furtherance of his can- didacy for nomination in a primary election, except in the manner and for the purposes authorized by the provisions of this section, is hereby expressly prohibited. Any person who violates any of the »rovisions of this section shall upon conviction be punished by a fine of not exceed+ ing One Thousand Dollars or be im- prisoned not exceeding one - year, or may be punished by both such fine and imprisonment. and. shali from and after his conviction be dis- qualified and ineljgible to hold the office or position to which he aspires or any other State or county. office or position, and his name sual not be allowed or printed on the pri- mary election ballot or upon the of- ficial ballot to be used in the general State and county election, and no officer. committee or board autho- rized by law to issue commissions or certificates of election, or certif- icates of nomination, shall issue any such certificate or commission without the Gov- to such person. If at the time of conviction such. person is serving in the position or office to which he as- pired. his conviction shall be cause for his removal or for his impeach- ment.”” Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. : : See. 3. If any section of this Act or any part of any section shall be declared invalid or unconstitu- tional, such declaration of invalidity shail ‘not affect the validity of the remaining portions hereof. Became a law without the Gover- nor's approval. CHAPTER 19568 AN ACT Regulating the Distribu- tion, Sale of Domestic Malt, Brew- ed or Vinous Beverages as Defined in Chapter 16774, Laws of Florida Acts of 1935, Entitled “An Act Reg- ulating and Taxing the Manufacture, Distribution and Sale of Beverages Containing More Than One Per Cen- tum of Alcohol, Creating and Pro- viding for a State Beverage Depart- ment, Providing Penalties for the Violation of This Act and Repeal- ing Existing Laws Concerning Said Beverages,” Providing That all Sales of Said Beverages Be for Cash Only, and Providing for the Enforcement of and Penalties for the Violation of this Act. Be It Enacted by the Legislature of the State of Florida: 4 Sec. 1. That all*sales of domestic malt, brewed or vinous beverages, as defined in Chapter 16774, Laws of Florida, Acts of 1935, made by wholesalers and distributors to retail licensees must be for cash only, and cash in this instance means that delivery and payment therefor is to be a simultaneous transactions, and any maneuver, device or shift of any kind whereby credit is extended shail constitute a violation of this Act. Sec. 2. All monies due and ow ing to the wholesalers and distrib- utors for the purchase of said be’ erages, at the time this Act becom a law, must be paid in twelve equal monthly installments, with the priv- ilege of paying any or all of the said installments before the same become due. See. 3. The director and super- visors of the Beverage Department created under Chapter 16774, Laws of Florida, Acts of 1925, and any amendment thereto, shall enforce the same rights and ‘authority to en- force this said Act as are provided for in said Chapter 16774, Laws of Florida, Acts of 1935, and any am- endment thereto. i Sec. 4. The violation of any of the provisions of this Act shall ‘con- stitute a violation of Chapter 16774, Laws of Florida, Acts of 1935, and any amendment thereto, to the same extent as through originally incor- porated in said Act, or amendment thereto, and shall be punishable in the same manner as provided in said Act, and any amendment thereto. Sec. 5. None of the of Chapter 16774, Laws of Florida, Acts of 1935, or any amendment thereto, is hereby repealed, but this laws shall be supplemental to and cumulative to the provisions of said Act. Sec. 6. Thi immediately law. Became a law ernor’s approval provisions Act shall take effect upon its becoming a without the Gov- CHAPTER 19500 AN ACT Relating to Alcoholic Beverages, Supplementing the Bev- erage Act’ of This State, Providing That Persons, Firms, or Corpora- tions Holding’ a Licence as a Club for the Sale of Intoxicating Bever- ages Shall Purchase such Beverages Only From Wholesalers in Sizes Not Larger Than Quarts, Nor Smaller Than Fifths of a Gallon, and May Sell Such Intoxicating ' Beverages by Drink Only, and Providing Pen- alties for the Violation Hereof. Be It Enacted by the Legisiature of the State ef Florida: 5 From and after the pa: age of this Act it shall be unlawful for any person, firm, or corporation holding a license as’a Club for the sale of into: ating liquors and bev- erages to purchase any of said bev erages except from a licensed dis- tributor in the State of Florida, and in individual containers not larger than one quart, nor smaller than one fifth of one gallon. Sec. 2: From and after the pass- age of this Act it shall be unlawful for any person, firm, or corporation holding a license as'a Club for. the sale of intoxicating liquors and bev- erages to sell the same except by the individual drink. * Sec. 3. Any person, firm, or cor- poration violating the’ provisions of this Act shall be guilty of a misde- meanor and shall’ be punished as such. and the license held by such person, firm, or corporation shall be subject to revocation therefor. Sec. 4. All laws and parts of laws in conflict herewith are hereby re- pealed, Became a nor’s appro’ ae without the Gover- al. CHAPTER 19198 AN ACT Relating to Alcoholi Beverages, Supplementing the Be: € Act of This State. Providing That No Wines Shall Be Sold Within This State in Individual Containers Holding More than One Gallon, and Providing Penalties for the Violation Hereof. Be It Enacted by the Legislature of the State of Florida; See. 1. From and after the pass age of this Act it shall be unlawful for any person, firm, or corporati to sell within ‘this State any wine in individual containers holding more than one gallon of such wine. Sec. 2. “Any person, firm, or cor- poration convicted ofa violation of this Act shall be guilty of a misde- meanor and shall’ be punished as such, Sec. 3. All laws and parts of laws in conflict herewith-are hereby repealed. Became a law without the Gover- nor’s approval. CHAPTER 19472 AN ACT Requiring the State Agri- cultural Marketing Board to Es- tablish Houses Where Citrus May Be Washed, Polished and Graded for Shipment and Placing a Limita- tion on the Time Such Houses Shall be Operated; Authorziing the State Agricultural Marketing Board _ to Make Rules and Regulations to Car- ry out the Purpose of This Act; De- scribing the Places Where said Houses Shall Be Located and Mak- ing Appropriation for the Purposes of this Act. Be It Enacted by the Legislature of the State of Florida: Sec. 1. The State Agricultural Marketing Board is hereby required to establish, and have in operation before the first day of December, 1939, three establishments or houses to be used for the purpose of wash- ing, grading and/or polishing citrus fruit." Said Board is authorized and required to purchase such equipment as is necessary for this purpose. The Board is further authorized, if it is deemed necessary, to establish other places for the same purposes expressed in this Act. Sec. 2. The three establishments mandatorily ired under this Act shall be located as follows: One house to be located in Duval County, Florida, near the intersec- tion of U. S. Highway No. 1 and U.S. Highway No. 17° One house to be located in Co- lumbia County, Florida, near the intersection of U. S. Highway No. 41 and U. S. Highway No. 44; One house to be located in Levy County, Florida, adjacent to U. S. Highway No. 19. Other establishments selected by the Board shall be placed where the Board deems most advisable. Sec. 3, The State Agricultural Marketing Board shall operate the houses established under this Act for the purpose of enabling citrus growers or truck buyers handling citrus fruit to have bulk shipments or fruit in bags or similar contain- ers (but not in wooden boxes) wash- ed and graded and, if desired by the owner of the fruit, polished. All processing shall be done at ac- tual cost to the grower or owner, plus one cent for quantity equal to one standard citrus box, which one cent shall be used by the State Agricultural Marketing Board to pay for the cost of equipment and con- struction necessary to carry out the provisions of this Act and for main- tenance and replacement costs. Sec. 4. The State Agricultural Marketing Board shall have auth- ority to make rules and regulations to carry out the provisions of this Act. Sec. 5. The establishments created under thic Act shall begin operations on the first day of December of each year and cease operations on June 1 of each year. Sec. 6. All fruit processed under this Act shall be inspected as now or hereafter required by any State or Federal law, rule or regulation relative to the handling, processing or marketing of citrus’ fruit, and the owner shall pay all advertising taxes required by law. Sec. 7. For the purpose of cart ing out the provisions of this Act the State Agricultural Marketing Board shali_use from the General Inspection Fund the sum of Fifty Thousand (50,000.00) Dollars or any part thereof. and there is hereby specifically appropriated said sum of money for this purpose from the General Inspection Fund. Sec. 8. This Act shall take effect immediately upon becoming a law. Became a law without the Gover- nor’s approval. CHAPTER 19477 AN ACT Relating to and Regulat- ing the Marking and Labeling of Containers of Canned Citrus Fruit and Canned Citrus Juice; Permitting Certain Labeling and/or Stamping or Embossing When Canned_ Citrus Fruit or Canned Citrus Juice is Canned to a Certain Standard; Pro- hibiting the Use of Such Labeling and Stamping or Embossing Unless the Canned Citrus Product is Can- ned in Accordance With Certain Grades and Providing Penalties for the Violation of this Act. Be It Enacted by the Legislature of State of Florida: Sec. 1. That. as used in this Act: (a) The term ‘person’ means and includes individuals, firms, par- tnership, association, ‘corporation, and any other business unit. (b) The term “‘citrus fruit’ means and includes only the fruits Citrus Grandis, Osbeck, commonly called grapefruit, and/or Citrus Sinensis, Osbeck. commonly called oranges. (c) The term “‘canner"” means and includes any person engaged in the business of processing or preserving or canning in any manner or form whatsoever grapefruit and oranges or their juices. (d) The term “canned citrus prod- ucts” shall include canned grape- fruit, canned grapefruit juice and canned orange juice. Sec. 2. “Packed to standard” when used in this Act refers only to cit- rus fruit grown in the State of Florida_means: (a) GRAPEFRUIT When used in connection with canned grapefruit, that the said can- ned grapefruit has been prepared from the properly matured whole- some fruit of the grapefruit tree, after having been properly trimmed, peeled and washed, membranes com: prising the segment walls, cores and seeds removed, segments separated, packed with the addition of sugar or syrup in heremiteally sealed con- tainers, and sterilized by heat Canned Grapefruit is composed of segments of whict. not less than 80 percent by weirht, are whole, or practically whole ‘after processing which are reasonably uniform in ve a typical, bright color, a firm, but not fibrous tex ‘up surrounding the reasonably clear and tests not less than 18 degrees Brix The drained net weight of the fruit is not less than 55 precent of the capacity the in. The product is practically free from defects and possesses a typical grapefruit flavor. “18 degrees Bri that the syrup shall test 18 degrees at 68 de. grees Fahrenheit, when tested with a Brix spindle, or hydrometer, cali- brated at that’ temperature. “Practically whole’ means that the conformation of the segments has been preserved to the extent that the segment is not less than 7 percent of its original size, but no piece shall be considered prac- tically whole which weighs less than one-quarter once. “Properly maturtd — wholesome” means that the fruit has been pre- pared from fruit meeting the re- quirements of the State as set for canning fruit, as well as the re- requirements of the Federal Food, Drug and Cosmetic Act and State Food and Drug Act. “Capacity of Can” means weight of the volume of distilled water, at 68 degrees Fahrenheit, the can will hold when completely filled, DRAIN BY WEIGHT Drained net weights of grapefruit determined by emptying the con- of the can upon a circular sieve of proper diameter, containing 8 meshes to the inch, and allowing ii two minute: leve di- ameters used are 8 inches for No. 2 size cans, or smaller, and 12 inches for No. 2% size, or larger, (b) CITE D. When us in connection with Canned Salad that the said canned salad has been pre- pared from sections of the prop- erly matured wholesome citrus fruit after having been properly trimmed, peeled and washed, membranes comprising the segmnets walls, cores and seeds removed, segments sep- arated, packed with addition to sug- are or syrup in hermetically sealed containers, and sterilized by heat. Canned Citrus Salad is composed of grapefruit and orange segments (not more than 60 percent of either grapefruit or oranges) of which not less than 80 percent by weight, are whole, or practically whole after processing, which are reasonably uni- form in size, have a typical, bright color, possess a firm, but not fib- rous ‘texture; the syrup surrounding the segments is reasonably clear and tests not less than 18 degrees Brix. The drained net weight of the fruit is not less than 55 percent of the capacity of the can. The product is practically free from defects and Possess esa typical flavor of or- ange and grapefruit canned accord- ing to the standards set out herein. “I8 degrees Brix” means that the syrup shall tst 18 degrees at 68 de- syrup shall test 18 degrees with a Brix spindle, or hydrometer, cali- brated at that temperature. “Practically whole’ means that the conformation of the segments has been preserved to the extent that the segment is not less than 7 percent of its original size, but no piece shall be considered practically whole which weighs less than one- quarter ounce. “Properly matured wholesome” means that the fruit has been pre- bared from fruit meeting the re- quirements of the State as set for canning fruit, a- well as the re- auirements of the Federal Food, Drug and Cosmetic Act and State Food and Drug Act. “Capacity of can" means weight of the volume of distilled water, at 68 degrees Fahrenheit, the can will hold when completely’ filled. DRAINED BY WEIGHT Drained net weights of citrus sal- ad are determined by emptying the contents of the can upon a circular sieve of proper diameter, contain- ing 8 meshes to the inch, and allow- ing to drain for two minutes. Sieve diameters used are ¢ inches for No. 2 size cans, or smaller, and 12 inches for No. 2% size, or larger. (c) GRAPEFRUIT JUICE When used in connection with can- ned grapefruit juice, that the juice is composed of the unfermented juice obtained from the properly matured wholesome fresh fruit of the grapefruit tree which has first been properly washed: may be pack- ed with or. without the addition of sugar, and sufficiently pasteurized to assure preservation in hermeti- cally sealed containers. Canned Grapefruit juice possesses the color of fresh pressed juice and is practically free from defects. The juice tests not less than 9.5 degrees Brix if unsweetened, and not less than 13.5 degrees Brix if sweetened; contains not less than 1.0 percent and not more than 1.9 percent anhydrous citric acid; possesses a normal grape- fruit juice flavor, free from objec- tionable bitterness or foreign flavor. Juice must be free from foreign ma- terials. If product is “unsweet- ened,” the declaration “‘unsweeten- ed’ must be stated on the display side of labels in conspicuous size and style type or preferably directly be- low or above the word “Grapefruit Juice.” “18.5 degrees Brix’’ means that the juice test 13.5 degrees at 68 degrees Fahrenheit when tested with a Brix spindle, or hydromoter, when read at the proper temperature for the instrument used. “Properly matured wholesome” means that the juice has been pre- prepared from fruit meeting the re- quirements of the State as set for canning fruit, as well as the require- ments of the Federal Food, rug and Cosmetic Act and State Food and Drug Act. {d) ORANGE JUICE bs When used in connection with can- ned orange jucie, that the canned juice is composed of the unfermented juice obtained from the properly ma- ured fresh wholesome fruit of the orange tree, which has first been properly washed; may be packed with or without the addition of sug- ar, and sufficiently pasteurized to as- sure preservation in hermetically sealed containers. Canned Orange Juice must possess the color of fresh pressed juice and be practically free from defects. The juice tests not less than 9 degrees Brix if unsweetened; contains not less than 0.6 percent and not more than 1.5 nercent anhydrous citric acid; possesses a normal orange juice flavor, free from objectionable bitterness or foreign flavor. Juice must be free from foreign materials. If product is ‘‘unsweetened” the dec- laration “unsweetened” must be stated on the display side of labels in conspicuous size and style type or preferably directly below or above the words ‘Orange Juice.’’ “9. degrees Brix’ means that the juice shall test 9 degrees at 68 de- grees Fahrenheit when tested with a Brix sprindle, or hydrometer, when read at the proper temperature for the instrument used. “Properly matured wholesome” means that the juice has been pre- pared from fruit meeting the re- auirements of the State as set for canning fruit, as well ag the re- quirements of the Federal Food, Drug and Cosmetic Act and State Food and Drug Act. fe) BLENDED JUICE When used in connection with can- ned blended grapefruit and orange juice, that the juice is composed of the unfermented juice obtained from the properly matured whole- some fresh fruit of the grapefruit and orange tree which has first been properly washed; may be pack- ed with or without the addition of sugar, and sufficiently pasteurized to assure preservation in hermetically sealed containers, Canned blended Grapefruit and Or- ange Juice possesses the color of the fresh pressed juices when properly blended and is practically free from defects. The juice tests not less than 9 degrees Brix if unsweetened and not less than 12.5 degrees Brix if sweetened; contains not less than 0.6 and not more than 1.9 percent anhydrous citric acid; possesses a normal blended juice flavor, free from objectionable bitterness or for- eign flavor. Juice must be free from foreign materials. If product is “unsweetened,” the declaration “unsweetened’”’ must be stated on the display side of labels in con- spicuous size and style type or pre- ferably directly below or above the designation of the contents of the container. “12.5 degrees Brix’ means that the juice test 12.5 degrees at 68 de- grees Fahrenheit when tested with a Brix spindle, or hydrometer, when read at the proper temperature for the instrument used. “Properly matured wholesome”’ means that the juice has been pre- pared from fruit meetine the re- quirements of the State as set for canning fruit, as well as the re- cuirements of the Federal Food, Drug and Cosmetic Act and State Food and Drug Act. “Properly blended” means that the canned product is composed of or- ange and grapefruit juice with not more than 60 percent of grapefruit juice Sec. 3. In determining the total soluble solids of citrus fruit within the purpose and meaning of this Act. the Brix hydrometer shall be used, and the reading of the hydro- meter corrected for temperature shall be considered as the per cen- tum of the total soluble solids. An- hydrous citric shall be determined by titration of the juice, using stan- dard alkali and Phenolphthalein as the indicator, the total acidity being calculated as anhydrous citric acid. All juice used in determining ratios of solids to acid in all citrus fruit, and the juice contents of oranges. shall be extracted by hand, without the use of any kind of mechanical pressure or other device. CONDITION OF CONTAINER Containers shall be round and clean. If the containers are metal, they shall be free from rust and serious dents, and the ends shall be flat or concave. “ONDITION OF PACKAGE AND LABEL. If cased, the canned citrus prod- uct shall be packed in clean, neat, unbroken packages. If labeled, the labels on the container and pack- age shall be neatly and securely af- fixed, and shall comply in all re- sects with the requirements of the Yederal Food, Drug and Cosmetic ct. FILL OF CONTAINERS Cans of citrus products shall be considered as of standard fill if-the headspace, measured from top of the product to the under side of the lid, does not exceed 10 percent of the to: tal inside height of the container. The provisions of this Section shali amply to Section 2 (a), (b), (c), (d), and (e). Sec. 4. Any person who has can- ned in any container Florida grown citrus products ked te standard as above set fo all be permitted to stamp or emi on the top or bottom of the. container the word “FLORIDABEST” as one word in either one or two lines and he may also show on every label of canned citrus products ‘wn in Florida and canned under the above standards the word “FLORIDABEST.” Sec. 5. It shall be unlawful for any person to show the word ‘FLORIDABEST” on the label or to stamp or emboss on the bottom or_top of the can the word “FLORIDABEST” or to do both or either. unless such canned citrus product has been packed to stand- ard in accordance with the stand- ards hereinbefore set forth. Sec. 6. If. for any reason the word “FLORIDABEST” cannot be registered, copyright, or trade- marked so as to protect the same uses herein set forth, the Florida Citrus Commission shall have power with the advice of the Advisory Committee of Grapefruit Canners created under Chapter 17780 Laws of Fi Acts of 1937, to, by resolution, adopt some other ap- propriate word or words to be used in lieu and instead of the word “FLORIDABEST.” Sec. 7. The Florida Citrus Com- mission shall with the advice of the Advisory Committee of Grapefruit canners created under Chapter 17780, Laws of Florida, Acts of 1937, have full and plenary power to prescribe rules, regulations and orders govern- ing the method and manner of mark- ing the labels and stamping or em- bossing the tins, glass, and all other kinds of containers, including the size and type of the lettering, re- quired under this Act. Sec. 8. It shall be the duty of the Commissioner of Agriculture to en- force the provisions of this Act and to that end he is hereby given the right to inspect samples of canned citrus products in containers that are labeled, embossed or stamped as herein provided. Sec. 9. Any person who shall be convicted of violating ay of the provisions of this Act shall be pun- ished by imprisonment not exceeding one year or by fine not exceeding one year or by fine not exceeding $1,000.00 or by both, such imprison- ment and fine in the discretion of the Court. and seizure and confiis- cation of all canned products, which have been misbranded in accordance with the provisions of this Act. Sec. 10. If any provision or ap- plication of this Act shall be held invalid, such holding shall not af- fect or impair any other provision or application of this Act. Sec. 11. Chapter 17783 Laws of Florida, Acts of 1937, and any or all other laws in conflict herewith are hereby repealed. Sec. 12. This Act shall take effect on August 1, 1939. Became a law without the Gover- nor‘s approval. CHAPTER 19437 AN ACT Forbidding the Sale of Intoxicating Liquors, Other Than Malt Beverages of Legal Alcoholic Content, by the Drink, Except With- in the Building Which is the Ad- dress of the Person or Corporation Holding License to Sell Such Intox- icating Liquors and Forbidding the Practice Known as Curb or Drive- in Service with Respect to Such In- toxicating Liquors; Forbidding the Consumption Thereof at Curb or Drive-in Stands, Except Within the Building Which is the Address of the Person, Firm, or Corporation Hold- ing a License for the Sale of Such Intoxicating Liquor and Providing Penalties for the Violation Hereof. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That from and after the passage of this Act it shall be un- Jawful for any person, firm or cor- poration to sell or serve, by the drink, any intoxicating liquor, other than malt beverages of legal alco- holic content, except within the building which is the address of the person, firm, or corporation holding a license for the sale of such intox- icating liquor. It is intended hereby to forbid the practice of curb or drive-in service in connection with such intoxicating liquors when sold by the drink; provided, however, that nothing in this Act contained shall be construed to prevent the regular delivery by licensed dealers of seal- ed, stamped containers containing such intoxicating liquors. Sec. 2. From and after the pass- age of this Act it shall be unlawful for any person to consume any in- toxicating liquor except malt bever- ages of legal alcoholic content at curb or drive-instands except within the building which is the address of the person, firm or corporation hold- ing a license for the sale of such intoxicating liquors. Sec. 3. Any person who shall be convicted of a violation of this Act shall be guilty of a misdemeanor and shall be punished as such, and the license of any person convicted of any illegal sale hereunder shall be subject to revocation therefor. , Sec. 4. All laws and parts of laws in conflict herewith are hereby re- pealed. Became a law without the Gov- ernor’s approval. CHAPTER 19432 _ AN ACT Providing for the Certif- ication of Inspected Seed Potatoes, Agricultural and Vegetable Seeds: Prohibiting the Use of the Words “Certified,” “Registered,” ‘‘Inspect- ed,” or Similar Terms, in Connec- tion with the Sale of Seed Potatoes and Agricultural and Vegetable Seeds, Unless Inspected and Certified as Provided in this Act: Providing for the Enforcement of This Act by the Commissioner of Agriculture; Prescribing Penalties, and Confer- ring Jurisdiction. Be It Enacted by the Legislature of the State of Florida: Sec. 1. SHORT TITLE.—This Act shall be known by the title of The Florida Certification Seed Law. Sec. 2. The term “Department”, as used in this Act, shall mean the Department of Agriculture of the State of Florida. The word “Commissioner,” as used in this Act. shall mean the Commis- sioner of Agriculture of the State if Florida. The term “certified seed,” as used in this Act, shall include seed pota- toes, and such agricultural or vege- table seeds as shall have been in- spected during their period of growth and preparation for market by the department or its authorized agents (or by the legally constituted inspec- tion officials of ‘the State in which such seed potatoes or agricultural or vegetable seeds were grown, or by such other agencies as may be approved or recognized by the Com- missioner of Agriculture) and found to be reasonably free from diseases and other defects, as specified in the rules and regulations issued by the Commissioner under the provisions of this Act. The term ‘seed potatoes,” as used in this Act shall be construed to mean the tubers of the Irish potato, which are grown and intended to be used as seed. The term “agricultural seeds" shall include all seeds which are com- monly known as farm crop seeds, which are grown and intended to be used as seed in raising farm crops. The term “vegetable seeds” shall include all seeds which are common- ly known as vegetable seeds, and which are grown and intended to be used as seed in raising garden and truck crops. Sec. 3. Any grower of seed po- tatoes, agricultural or vegetable eeds. located in Florida, may make lication to the Commissioner of Agriculture for inspection and certif- ication of his crop for seed purposes, under such rules and regulations as the Commissioner may issue. The Commissioner, or his autho- orized agents, shall issue such cer- tificates of inspection and designate or provide such official tags for marking containers of ‘“‘certified seeds,‘ and establish such standards of grade and oualitv. as are neces- sary to safeguard the privileges and service provided for in this Act. Sec. 4. The Commissioner of Agri- culture shall have authority to fix, assess and collect, or cause to be collected, fees for the certification inspection service authorized by this Act, the same to be paid in such manner as he may direct. Such fees shall be large enough to meet the reasonable expenses incurred by the Commissioner of Agriculture or his agents in making such inspections as may be necessary for certification. Fees so collected shall be placed to the credit of the Commissioner in the hands of the State Treasurer, to be expended by the Commissioner as provided by law @@ to other ex- Penditures of the Commissioner. Sec. 5. It shall be a violation o this Act to use the terms *‘ ." “registered,” “inspected,” or any form or modification of such terms which tends to convey to the pur- chaser of such seed that the same has been certified as defined in Sec- tion One of this Act, on tags or octainers. either orally or in Afi | or in advertising material intend to promote the sale of seed potatoes or agricultural or vegetable seeds, or on labels or containers, except when such seed potatoes or agricul- tural or vegetable seeds shall have been inspected and certified to un- der the provisions of this Act by the Commissioner of Agriculture or by an inspection agency duly authorized by State or Country and recog- nized ‘and approved by the Commis- sioner of Agriculture of the State of Florida. Sec. 6. Authority to make all necessary rules and regulations to carry out the provisions of this Act is hereby conferred on the Com- missioner of Agriculture. _ Sec. 7. The Commissioner is here- by authorized to employ such assis- tants, inspectors, specialists and others as may be necessary to carry out the provisions of this Act, to fix their salaries and to pay same from such funds as may be available for the purpose. Sec. 8 Any person, copartner- ship, association or corporation, and any’ officer, servant or employee thereof, violating any of the provis- ions of this Act, shall be deemed guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine of not more than One Hun- dred Dollars ($100.00) for such of- fense. Sec. 9. The Commissioner of Ag- riculture is vested with power and authority to enforce the provisions of this Act and the rules and regula- tions made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings. It shall be the duty of the Attorney General, the State Attorneys, Prose- cuting Attorneys, County Solicitors, and all public prosecutors in ‘each county to represent the Commis- sioner when called upon to do so. The Commissioner in the discharge of his duties and in the enforce- ment of the powers herein delegated may send for books and papers, ad- minister oaths and hear witnesses, and to that end it is made the duty of the various sheriffs throughout the State to serve all summons and others papers upon request of said Commissioner. Sec. 10. All Acts and parts of Acts inconsistent with the provis- ions of this Act are hereby repealed. Should any section or part of sec. tion of this Act. or any clause, be held unconstitutional or invalid, such fact shall not affect the other pro- visions of this Act. Sec. 11. This Act shall take effect upon the passage and approval by the Governor or upon its becoming a law without his approval. Became a law without the Gover- nor’s approval. CHAPTE 19333R. AN ACT Providing for the Re- registration of Qualified Electors to Vote in Primary Elections, Who, By Reason of Holding an’ Official ion with the Government of the United States, are Required to be Absent from the State During the Period Allowed for Such Reregis- tration and who are, Therefore, not Able to Reregister as Provided By Law. Be It Enacted by the Legislature of the State of Florida: Sec. 1. Whenever any person hold- ing an official position with the Gov- ernment of the United States is, by reason of his or her duties inci- dent to such position, required to be absent from the State of Florida dur- ing the whole of the period provided by law for the biennial registration of qualified electors to vote at pri- mary elections as now or hereafter may be required by law, it shall be lawful for such elector, if retaining his qualiifications to vote under his jJast prior registration, to make out and forward to the supervisor of registration for the county in which he is registered the following affi- davit, or one insubstantially the same form: “STATE OF ... COUNTY OF . , ae . Before me, the undersigned thority, authorized to take personally appeared .... pe who, being by me first duly sworn, deposes and says that he (she) is a Qualified electors of the State of Florida and that he (she) is register- ed as such elector in ...... Pre- cinct, County of ...... , State of Florida, and that since the time of such registration he (she) has not by any act of omission or commis- sion become disqualified to serve as a qualified elector in the precinct and county aforesaid. That he (she) reaaffirms the oath taken by him (her) upon his (her) original regis- tration; that he (she) hereby autho- rizes the supervisor of registration in the county aforesaid to transfer his (her) name from the present regis- tration books and reregister the same in the new registration books. ‘That he (she) holds a position un- der the Government of the United States and by reason of the duties atendant thereto it is impossible for him (her) to appear personally be- fore said supervisor of registration at any time within the time allowed by law for such reregistration, au- oaths, Sworn to and subscribed before me this .... day of . Pig Wis 3 (Name tering oath)” Upon the receipt of such affidavit it shall be the duty of such super- visor of registration forthwith to make out his renewal certificate of registration, transferring such elec- tor’s prior registration to the new registration books wherein such elec- tor would ordinarly be required to reregister if personally present in the State during the biennial period of registration of electors for pri- mary elections, and such renewal or transfer of registration, when so al- lowed and certified, shall be entered on the registration books, and shall be valid for all intents and purposes for the ensuing biennial registration period thereafter, provided the elec- tor retains his residence and other qualifications to vote at the place specified in the registration so re- newed and transferred. Sec. 2. The registration officer of each county shall keep open for public inspection a record of all re- newals and transfers of registration made and allowed by him under this Act. and shall allow no such renew- al or transfer to be made except up- on the basis of an effectual and law- ful registration shown to have been theretofore personally made in the State of Florida pursuant to law, which precious registration would entitle the elector to vote but for the requirement of biennial! registration in the particular county or city, nor shall any registration officer allow any renewal or transfer of a regis- tration under this Act, except to an elector who is otherwise qualified to vote in the county precinct, or city as to which the application is made. Sec. 3. All laws inconsistent with this Act are repealed. Sec. 4. This Act shall take effect upon becoming a law. Became a law without the Gover- nor’s approval. title of officer adminis- CHAPTER 19364 AN ACT to Provide for the In- Spection, Testing and Labeling of ree vaeine and Grass Seeds In- ten or ropagation Purposes, and to Prevent the Introduction In- to and the Sale Within this State of Same When Misbranded, Adul- terated. or of Inferior Quality; to Require a Seedman’s Re; gistration, to been ite a Seed Inspection Bureau Gnder the Commissioner. of Agri- culture and to Prescribe its Powers and Duties Thereunder; to Authorize the Establishing of a Seed Labora- tory; to Authorize the Collection of Fees for Inspection, These Fees 2 Constitute an O--rating Fund to Used Towards Defraying Costs of Administration. ot Be it Enacted by the Legislature the State of Florida: . Sec. 1. SHORT TITLE.— Act shall be known by the title of the Florida Pure Seed Labeling. Law, Sec. 2. DEFINITIONS. — For ‘the purposes of this Act the following terms when used in this Act or, the rules and regulations made pursuant thereto shall be construed respect-. ively to mean: , SEEDS—The term “seeds” shall include the seed of those ann crops usually grown on farms and in gardens, commonly known as “field and grass seeds,” and as “vegetable seed: COMMISSIONER — Commissioner of Agriculture of the State of Flor- ida. PERSONS — Individuals, associa- tions, partnerships and corporatidna, whether private, ublic er municipal. PLACES — Vessels, railroad cars, automobiles, or other Vehicles, build- ings and other premises where seeds are kent, grown, or handled. All words shall be construed to import either the plural ar the sing- ular, masculine or feminine, ag the case demands. Sec. 3. INSPECTION BUREAU CREATED.—There is hereby creat: ed and established a State Seed In- spection Bureau under the super- vision of the State Commissioner of Agriculture, and all the authority of this Act and the duties prescribed herein shall be exercised and per- formed by said Commissioner, Sec. 4. REGISTRATION. NECES- SARY TO SELL OR DISTRIBUTE SEEDS.—It shall be unlawful. for any person, seedman or other mer- chant to sell, distribute, offer or ex- pose for sale or distribution in this State, any seed or mixture thereof, without the owner of such seed or mixture thereof, first registering with the Commissioner of Agricu ture as a Seed Dealer, which regi tration shall be issued annually by the Commissioner of Agriculture ‘up- on payment by the owner of: such seeds or mixture thereof, of an an- nual fee for each store’ of One Dollar ($1.00) for a seedsman ‘sell- ing at retail only, or Ten Dollars ($10.00) for a seedsman selling wholesale only or selling both whole- sale and retail. Such registration shall expire July 30 of each year. All fees paid the Commissioner un- der this Act shall be deposited in the State Treasury to the credit of the General Inspection Fund, from which fund all expenditures shill}: be made in carrying out the provision of this Act, in like manner as other expenditures of the Department of Agriculture. Provided, however, that the term “‘seedsman"’’as used in this Act shall be defined as a person, or corporation engaged in the bu: ing, selling, exchange, offering or exposing for sale of agricultural, seeds or mixture thereof, as defined in this Act; and the said ‘term seeds- man shall not apply to a farmer selling agricultural seeds of his own production when grown, sold and delivered by the producer’ on his own permises to the purchaser himself for seeding purposes. Sec. 5. LABEL REQUIREMENTS OF FIELD AND GRASS SEEDS AND OF VEGETABLES SEEDS— Every lot of field and grass sceds and of vegetable seeds, as defined in Section 2 of this Act, except as here- in otherwise provided, when in bulk, packages, or othre containers, shall have affixed thereto in a conspicuous place on the exterior of the container of such seeds a plainly written or printed tag or label in the English language, ating (a) The kind of seed and the va- riety. (b) The minimum percentage of* germination, together with the month and year said seed was tested. (c) The maximum percentage by weight of purity; meaning the free- dom of such is from inert matter and from other seeds distinguishable by their appearance. (d) The maximum percentage by weight of noxious weed seeds, the term “noxious weed seeds” as herein used being defined as the noxious weed seeds or bulblets listed by the Commissioner of Agriculture as such in the rules and regulations made and promulgated under the provis- ions of this Act. (e) Full name and address of the person or firm who put up or packed the seed and labeled the same, as wlel as that of the vendor. Sec. 6. EXEMPTIONS. Seeds shall be exempt from the provisions of this Act: (a) When’ possessed. exposed for sale or sold for manufacture or food burposes only. (b) When sold to merchants to be recleaned before being resold, of- fered or exposed for sale for seed- ing purposes. (c) When in storage for the pur- bose of recleaning or not possessed, sold, offered or exposed for sale for seeding purposes within the State. (d) When grown, sold and deliv- ered by the producer on his own premises to the purchaser himself for seeding purposes. If, however, said seed be advertised for sale thru the medium of the public press or by cular or catalog, or if seed is de- ered by a common carrier, except when transported for the purpose of beinr recleaned as hereinbefore pro- vided. said seed must be labeled in accordance with the provisions of this Act (ec) When sold and delivered to the purchaser from a container which is labeled in accordance with the requirements of this Act. Sec. 7. DUTIES OF THE COM- SSIONER OF AGRICULTURE INSPECTION. SAMPLING, TEST- ING, PUBLISHING. — It ‘shall be the duty of the Commissioner of Agriculture through his authorized. agents, to inspect and sample seeds, as defined in Section 2 of this Act at such time and place and to suc extent as may be necessary, to di termine the -urity, viability and trueness to variety’ of such seeds, and when found to be adulterated: misbranded or of poor quality, ai cording to standards (neluding Kel mination. standards for each kind of seed) etsablished by said Commis- sioner of Agriculture, to publish the results of the tests’ together with the name and address of the per- son or firm who offered the seed for le. as well as such other informa- tion as may be important In case a sample drawn as pro- vided herein upon test or analysis is found to fall more than a reason- able percentage of tolerance below the statement on the tae or lab tached to the lot from whic! sample was secured or to vi any of the provisions of this Act or of any of the rules and reguia- tions promulgated by the Commis- Sioner of said lot of seed shall be notified and a copy of said notice mailed to the person, firm or cor- tion whose tag or label was found affixed thereto. The Commissioner of Agriculture is hereby authorized to purchase such samples of seed as may be necessary tc carry out the provisions of this Section and to pay a reason- able market price for same. Sec, 8. SEIZURE FOR VIOLA- TIONS. — It shall be unlawful for any person, firm or corporation to sell, offer or supeee for sale, any lot of seeds as defined in Section 2 of thsi Act, not properly tagged or of this Act. not properly tagged or and held by the Commissioner pend- ing determination as to legal d Position of the same. Provided, however. that any person, firm or corporation from whom seed has shall have the right im-