[ No. 24. ]" 

 AN ACT to prevent the adulteration of food or drugs. 



[Chapter 407, Laws of 1881.] 



The People of the State of New York, represented in Senate and Assembly p , 

 do enact as follows : 



SECTION i'. No person shall, within this state, manufacture, have, offer 

 for sole, >r sell any article of food or drugs which is adulterated within the 

 meaning of this act, and any person violating this provision shall be deemed 

 guilty of a misdemeanor, and upon conviction thereof, shall be punished by 

 fine not exceeding fifty dollars for the first offence, and not exceeding one 

 hundred dollars for each subsequent offence. 



2. The term " food," as used in this act, shall include every article used 

 for food or drink by man. The term " drug," as usetl in this act, shall 

 include all medicines for internal and external use. 



3. An article shall be deemed to be adultera:ed within the meaning of 

 this act 



a. In the case of drugs. 



1. If, when sold under or by a name recogn : zcd in the United States 

 Pharmacopoeia, it differs from the standard of s:rength, quality, or purity 

 laid down -therein. 



2. If, when sold under or by a name not recognized in the United States 

 Pharmacopoeia, but which is found in some other pharamacopoeia or other 

 standard work on Materia Medica, it differs materially from the standard of 

 strength, quality, or purity laid down in such work. 



3. If its strength or purity fall below the professed standard under which 

 it is sold. 



b. In the case of food or drink. 



1. If any substance or substances has or have been mixed with it so as 

 to reduce or lower or injuriously affect its quality or strength. 



2. If any inferior or cheaper substance or substances have been substi- 

 tuted wholly or in part for the article. 



3. If any valuable constitutent of the article has been wholly or in part 

 abstracted. 



4. If it be an imitation of, or be sold under the name of, another article. 



5. If it consists wholly or in part of a deceased or decomposed, or putrid 

 or rotten, animal or vegetable substance, whether manufactured or not, or, 

 in the case of milk, if it is the produce of a diseased animal. 



6. If it be colored, or coated, or polished, or powdered, whereby 

 damage is concealed, or it is made to appear better than it really is, or of 

 greater value. . 



7. If it contained any added poisonous ingredient, or any ingredient 

 which may render such article injurious to the health of a person consum- 

 ing it : Provided, that the state board of health may, with the approval of 

 the governor, from time to time declare certain articles or preparations to 

 be exempt from the provisions of this act : And provided further, that 

 the provisions of this act shall not apply to mixtures or compounds recog- 

 nized as ordinary articles of food, provided that the same are not injurious 

 to health and that the articles are distinctly labelled as a mixture, stating 

 the components of the mixture. 



4. It shall be the duty of the state board of health to prepare and pub- 

 lish from time to time, lists of the articles mixtures or compounds declared 



