22 DRUG LEGISLATION IN THE UNITED STATES. 



7. Adulteration defined. That for the purposes of this Act an article shall be 

 deemed to he adulterated : 



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 investiga- 

 tion : Provided, That no drug denned in the United States Pharmacopeia 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 Pharmacopeia or 

 National Formulary. 



Second. If its strength or purity fall below the professed standard or quality 

 under which it is sold. 



8. M ixhrandiiif/ defined; lultel muxt indicate amount of certain dni</M. 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 Libel 

 of which shall bear any statement, design, or device regarding such article, or 

 the ingredients or substances contained therein which shall be false or mislead- 

 ing 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. 



That for the purposes of this Act an article shall also be deemed to be mis- 

 branded : 



In case of drugs : 



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

 article. 



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 t nch 

 package, or if the package fail to bear a statement en 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. 



9. Purity auarantji c.rnnptx dealer from itroxccHtion. That no dealer shall 

 be prosecuted under the provisions of this Act when he can establish a guar- 

 anty 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 each dealer, 

 and in such case said party or parties shall be amenable to the prosecutions, 

 fines, and other penalties which would attach, in due (ourse, to the dealer under 

 the provisions of this Act. 



10. Seizure and disposition of adulterated good*. That any article cf f >od, 

 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 where the same 

 is found, and seized for confiscation by a process of libel for condemnation. 

 And if such article is condemned as being adulterated or misbranded, or of a 



