Section 1. That no person shall, within this state, manufacture for sale, offer for sale, sell, deliver or have in his possession with intent to sell or deliver any drug or article of food which is adulterated, within the meaning of this act; that no person shall, within this state, offer for sale, sell, deliver or have in his possession with intent to sell or deliver any drug or article of food which is misbranded, within the meaning of this act.

Section 2. The term "drug," as used in this act, shall include all medicines for internal or external use or for inhalation, antiseptic, disinfectants and cosmetics. The term "food," as used herein, shall include all articles used for food, drink, flavoring extract, confectionery, or condiment by man, whether simple, mixed or compound. The term "flavoring extract,' as used herein, shall include any article used as a flavor for foods or drinks, whether used or sold under the name of extract, flavor, essence, tincture, or any other name.

Section 3. An article shall be deemed to be adulterated within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the eighth decennial revision of the United States Pharmacopoeia, or the third edition of the National Formulary, 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 eighth decennial revision of the United States Pharmacopoeia, or the third edition of the National Formulary, but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality and purity laid down in such work; (3) if its strength, quality or purity falls below the

professed standard under which it is sold; (4) if it is an imitation of, or offered for sale under the name of another article; (5) 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; (6) if it contains any methyl or wood alcohol..

(b) In the case of food, drink, flavoring extract, confectionery or condiment: (1) If any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly, or in part, for it; (3) if any valuable or necessary constituent or ingredient has been wholly, or in part, abstracted from it; (4) if it is an imitation of, or is sold under the name of another article; (5) if it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal; (6) if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredient which is poisonous or injurious to health; (8) if, when sold under or by a name recognized in the eighth decennial revision of the United States Pharmacopoeia or the third edition of the National Formulary, it differs from the standard of strength, quality or purity laid down therein; (9) if, when sold under or by a name not recognized in the eighth revision of the United States Pharmacopoeia, or the third edition of the National Formulary, but is found in some other pharmacopoeia, or other standard work on ma

teria medica, it differs materially from the standard of strength, quality or purity laid down in such work; (10) if the strength, quality or purity falls below the professed standard under which it is sold; (11) if it contains any methyl or wood alcohol.

Section 3a. An article shall be deemed to be misbranded within the meaning of this act:

(a). In the case of drugs: (1) If the package fails to bear a statement on the label of the quantity or proportion of any grain or ethyl, alcohol, morphine, opium, cocaine, her(e)oin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any such substances contained therein. Provided, that the provisions of this section shall not apply to the prescriptions of regularly licensed physicians, dentists and doctors. of veterinary medicine, nor to such drugs and preparations as are officially recognized in the eighth decennial revision of the United States Pharmacopoeia, or the third edition of the National Formulary, and which are sold under the name by which they are so recognized; (2) if the package containing it or any label thereon shall bear any statement, design or device regarding it or the ingredients or substances contained therein, which shall be false or misleading in any particular.

(b). In the case of food, drink, flavoring extracts, confectionery or condiment: (1) If the package fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, her (e)oin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein; (2) if it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so; (3) 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; (4) in case of any flavoring extract, for which no standard exists, if the same is not labeled "artificial" or "imitation" and the formula printed in the same manner hereinafter provided for the labeling of "compounds" or "mixtures" and their formulae; (5) if the package containing it or any label thereon shall bear any statement, design or device regarding it or the ingredients or substances contained. therein, which shall be false or misleading in any particular; provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale be distinctly labeled in words of the English language as mixtures or compounds, with the name and percentage, in terms of 100 per cent of each ingredient therein. The word "compound" or "mixture" shall be printed in letters and figures not smalier in either height or width than one-half the largest letter upon any label on the package and the formula shall be printed in letters and figures not smaller in either height or width than one-fourth, the largest letter upon any label on the package and such compound or mixture must not contain any ingredient that is poisonous or injurious to health.

Section 4. Every person manufacturing, offering or exposing for sale, or delivering to a purchaser, any drug or articles of food included in the provisions of

this act, shall furnish to any person interested or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

Section 5. Whoever refuses to comply, upon demand, with the requirements of section 4, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than twenty-five dollars, for the first offense, and for each subsequent offense shall be fined not exceeding two hundred dollars nor less than one hundred dollars, or imprisoned in the county jail not exceeding one hundred, nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale.

KEEP UP THE GOOD WORK.

It is high time that the Republican leaders in Congress, and especially in the House, began to think of the question of economizing in public expenditures. Facing a deficit of $35,000,000, and with the possibility of making it $50,000,000 before the close of the fiscal year, Congress should cut out every expenditure that it possibly can. Otherwise what answer shall we be able to make in the presidential campaign to the Democratic accusation, which we are hearing already, of our needless extravagance? We do not wish to be put on the defensive. The light has begun to break in on Congress we infer from the ruling made by Mr. Foster, of Vermont, in the speaker's chair, against the generous item which has been added to the agricultural appropriation every year of late, to enable Dr. Wiley to further investigate the effects of cold storage upon the healthfulness of foods. We have had Dr. Wiley's health squad exploited to the limit. Dr. Wiley has had all the notoriety out of this sort of business that the public treasury should stand for. If he wants any more of it let him pay for his own advertising. We are believers in the pure food law. It is one of the best measures any Congress has passed, but that is no reason why it should be made a source of opportunity for Dr. Wiley to exploit his vagaries at public expense. Dr. Wiley's spokesman in the House was Mr. Mann, of Illinois, who dwelt at length upon the impureness of cold-storage foods. He received a decided setback from Mr. Perkins, of New York, who declared that he was hale and hearty at fifty, had never had a sick day in his life, and was not terrified by the thought that he might have been devouring, day by day, cold-storage foods for half a century. It is too bad that when the acting speaker ruled out the Wiley item he could not have ruled out the doctor too, but the American people are patient as well as long-suffering. Some day the Secretary of Agriculture will begin to reflect on the pertinence of this statement. Dr. Wiley and all his fantastic and erratic notions should go!-Leslie's Weekly, April 16, 1908.