FEDERAL LAWS. 21 



fined not exceeding two hundred dollars for the first offense, and upon conviction 

 for each subsequent offense not exceeding three hundred dollars or be imprisoned 

 not exceeding one year, or both, in the discretion of the court: I'roridcil, That 

 no article shall be deemed misbranded or adulterated within the provisions of 

 this Act when intended for export to any foreign country and prepared or 

 parked according to the specifications or directions of the foreign purchaser when 

 no substance is used in the preparation or packing thereof in conflict with the 

 laws of the foreign country to which said article is intended to be shipped ; but 

 if said article shall l>e in fact sold or offered for sale for domestic use or con- 

 sumption, then this proviso shall not exempt said article from the operation of 

 any of the other provisions of this Act. 



3. Secretaries to make rcffiilulionN.-- That the Secretary 1 of the Treasury, the 

 Secretary of Agriculture, and the Secretary of Commerce and Labor shall make 

 uniform rules and regulations for carrying out the provisions of this Act, 

 including the collection and examination of specimens of foods and drugs manu- 

 factured or offered for sale in the District of Columbia, or in any Territory of 

 the United States, or which shall be offered for sale in unbroken packages in 

 any State other than that in which they shall have been respectively manu- 

 factured or .-produced, or which Shall be received from any foreign country, or 

 intended for shipment to any foreign country, or which may be submitted for 

 examination by the chief health, food, or drug officer of any State, Territory, or 

 the District of Columbia, or at any domestic or foreign port through which such 

 product is offered for interstate commerce, or for export or import between the 

 United States and any foreign port or country. 



4. Examination and hearing. That the examination of specimens of foods 

 and drugs shall be made in the Bureau of Chemistry of the Department of 

 Agriculture, or under the direction and supervision of such Bureau, for the 

 purpose of determining from such examinations whether such articles are adul- 

 terated or inisbranded within tbe meaning of this Act; and if it shall- appear 

 from any such examination that any of such specimens is adulterated or mis- 

 branded within the meaning of tins Act. the Secretary of Agriculture shall 

 cause notice thereof to be given to the party from whom such sample was 

 obtained. Any party so notified shall be given an opportunity to be heard, 

 under such rules and regulations as may be prescribed as aforesaid, and if it 

 appears that any of the provisions of this Act have been violated by such party, 

 then the Secretary of Agriculture shall at once certify the facts to the proper 

 United States district attorney, with a copy of the results of the analysis or the 

 examination of such article duly authenticated by the analyst or officer making 

 such examination, under the oath of such officer: After judgment of the court, 

 notice shall be given by publication in such manner as may be prescribed by the 

 rules and regulations aforesaid. 



5. Prosecution. That it shall be the duty of each district attorney to whom 

 the Secretary of Agriculture shall report any violation of this Act, or to whom 

 any health or food or drug officer or agent of any State, Territory, or the Dis- 

 trict of Columbia shall present satisfactory evidence of any such violation, to 

 cause appropriate proceedings 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. 



6. Dru<j defined. That the term "drug," as used in this Act, shall include all 

 medicines and preparations recognized in' the United States Pharmacopeia or 

 National Formulary for internal or external use, and any substance or mixture 

 of substances intended to be used for the cure, mitigation, or prevention of dis- 

 ease of either man or other animals. 



