tion of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings1 to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. SEC. 6. That the term "drug," as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary18 for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food,"19 as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound. SEC. 7. That for the purposes of this Act an article shall be deemed to be adulterated:20 In case of drugs: First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary," it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation:22 Provided,23 That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold.** 16 Page 17. 17Pages 19, 49. 18 Pages 22, 23, 46, 47, 48, 49, Reg. 7, Page 86. 19 Page 20. 22 Page 23, F. I. D. 59, Page 124. Page 22, Reg. 7, Page 86. "Page 22, Reg. 7, Page 86. The Food and Drugs Act. In the case of confectionery:25 77 If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug. 26 In the case of food:27 First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.2 Second. If any substance has been substituted wholly or in part for the article. 20 29 Third. If any valuable constituent of the article has been wholly or in part abstracted.30 31 32 Fourth. If it be mixed, colored, powdered,33 coated,3 or stained in a manner whereby damage or inferiority is concealed. Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health:38 Provided, That when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise," and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consump tion. 40 Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any 25 Pages 20, 24, 33, Reg. 32Page 27, Reg. 12, Page 10, Page 87. 26 Page 34. 27 Page 20. 28 Pages 21, 24, 25, Reg. 11, page 88. Page 25, Reg. 25, Page 88. 33 Page 27, Reg. 12, Page Page 28, Reg. 12, Page 35 Page 28, Reg. 12, Page 36Page 28, Reg. 13, Page 88; Reg. 24, Page Pages 28, 29, 30, 34, 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." SEC. 8. That the term "misbranded, "42 as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label3 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." 45 That for the purposes of this Act 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.*7 48 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 quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein.49 In the case of food: First. If it be an imitation of or offered for sale under the distinctive name of another article.50 Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product1 The Food and Drugs Act. 53 79 when not so,52 or 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 it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.5* 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." 55 Fourth. If the package containing it or its labels shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device 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: 57 58 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 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 with 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,1 imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, is plainly stated on the pack 62 63 52 Pages 37. 39, 43, 45, 54, 55; Reg. 19, Page 93. 53 Pages 49, 56. Page 50, Reg. 28, Page 97. 55 Pages 37, 57, Reg. 29, Page 98. See note 43, Page 78. 57 Pages 40, 42, Reg. 17, Page 90. 58 Pages 28, 29. 30, 34, Reg. 15, Page 89. Pages 25, 27, 58, 59, 60, 61, 63; Reg. 21, Page 129. CoPages 44. 58; Reg. 27, 61 Pages 25, 27, 58, 59, 60, Pages 25. 54. 59; Reg. 21, Page 94: F. I. D. Reg. 21, Page 93: 68 64 age 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, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding." SEC. 9.88 That no dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act."" SEC. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district |