The Bulletin. 7 



retailed, contain not to exceed two-tenths of one per cent of benzoic acid or its 

 equivalent in sodium bcnzoate. Fermented liquors may contain not to exceed 

 two-tenths of one per cent of combined sulphuric acid, and not to exceed eight- 

 thousandths of one per cent of sulphurous acid. 



Sixth. Tf 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 product of a diseased animal or 

 one that had died otherwise than by slaughter. In addition to the ways already 

 provided, sausage shall be deemed to be adulterated if it is composed in any 

 part of liver, lungs, kidneys or other viscera of animals: Provided, that the 

 use of animal intestines as sausage casings shall not be deemed to be an adulter- 

 ation. 



Seventh. If it differs in strength, quality or purity from the standards of 

 purity of food products that have been or may be from time to time adopted by 

 the Board of Agriculture. 



Sec. 7. That the term "misbranded," as used herein, shall apply to all drugs 

 or articles of food, or articles which enter into the composition of food, the 

 package or label 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 manu- 

 factured or produced. 



That for the purpose of this act an article shall also be deemed to be mis- 

 branded, in the case of food — 



First. If it be an imitation of or offered for sale under the distinctive name 

 of another article. 



Second. If it be labeled or branded so as to deceive or mislead tlie purchaser, 

 or purport to be a foreign product when not so, 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 state- 

 ment 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 such substances contained 

 therein. 



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. 



Fourth. If the package containing it or its label 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: 



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 state- 

 ment 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, imitations or blends, and the word "com- 

 pound," "imitation" or "blend," as the case may be, is plainly stated on the 

 package in which it is offered for sale: Provided, the labeling is according to 

 the rules prescribed by the Board of Agriculture: Provided, that the term 

 "blend," as used herein, shall be construed to mean a mixture of like sub- 

 stances, not excluding harmless coloring or flavoring ingredients used for the 

 purpose of coloring and flavoring only. 



Sec. 9. 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 North Carolina, from whom he purchased such 

 articles, to the effect that the same is not adulterated or misbranded within the 

 meaning of this act, designating it. 



