58 c The Agricultural Law 



eral substances or poisonous colors or flavors, or other ingredients 

 deleterious or detrimental to health. In the case of food an article 

 shall be deemed to be adulterated : 



1. If any substance or substances has or have been mixed or 

 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 deceive or tend to deceive the purchaser. 



People v. Lewis Luke, 122 App. Div. 64. 



2. If any substance or substances has or have been substituted 

 wholly or in part for the article, so that the product, when sold or 

 offered for sale, shall deceive or tend to deceive the purchaser. 



3. If any valuable constituent of the article has been wholly or 

 in part abstracted, so that the product, when sold or offered for 

 sale, shall deceive or tend to deceive the purchaser. 



4. If it contains any added poisonous ingredient or any in- 

 gredient which may render such article injurious to the health of 

 the person consuming it. 



5. If it consists in whole or in part of a filthy, decomposed or 

 putrid animal or vegetable substance, or any portion of an animal 

 unfit for food, whether manufactured or not, or if it is the prod- 

 uct of a diseased animal, or one that has died otherwise than by 

 slaughter. 



6. If it contains methyl or wood alcohol, in any of its forms, or 



any methylated preparation made from it. 



,,. , ,. An article of food shall be deemed to be mis- 



Misbrandmg. . , , 



branded : 



1. If it be an imitation of or offered for sale under the distinc- 

 tive name of another article. 



2. If it be mixed, colored, powdered or stained in a manner 

 whereby damage or inferiority is concealed, so that such product, 

 when sold or offered for sale, shall deceive or tend to deceive the 

 purchaser. 



3. If the package containing it or its label shall bear any state- 

 ment regarding the ingredients or the substances contained therein, 

 which statement shall be false or misleading in any particular, 

 or if the same is falsely branded as to the state or territory in 

 which it is manufactured or produced : 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 : 



People v. J. Lewis, 195 N. Y. 177; People v. Luke, 122 App. Div. 04. 



