52 DRUG LEGISLATION IN THE UNITED STATES. 



so as to render the article injurious to health, or manufacture any article of 

 food which shall be composed in whole or in part of diseased, decomposed, 

 offensive, or unclean animal or vegetable substance with 'the intent that the 

 same may be sold in the said State, and no person shall sell any such article 

 so mixed, colored, stained, powdered, or manufactured. 



Any person violating this section shall be guilty of a misdemeanor, and for 

 each offense be fined not exceeding two hundred dollars for the first offense, 

 and for each subsequent offense not exceeding three hundred dollars, or im- 

 prisonment not exceeding one year, or both, in the discretion of the court. 



2. Mixing or staining so as to affect quality or potency of drugs. No person 

 shall, except for the purpose of compounding as hereinafter described, mix, 

 color, stain, or powder, or order or permit any other person to mix, color, stain 

 or powder any drug with any ingredient or material so as to effect injuriously 

 the quality or potency of such drug, with the intent that the same may be sold 

 in said State, and no person shall sell any such drug so mixed, colored, stained, 

 or powdered, under the same penalty in each case respectively as in the pre- 

 ceding section for a first and subsequent offense. 



3. Ignorance of adulteration. No person shall be liable to be convicted under 

 either of the two last foregoing sections of this act in respect of the sale of any 

 article of food, or of any drug, if he shows to the satisfaction of the court 

 before whom he is charged that he did not know of the article or drug sold by 

 him being so mixed, colored, stained, or powdered, as in either of those sections 

 mentioned, and that he could not, with reasonable diligence, have obtained that 

 knowledge. 



4. Penalty for additions or adulterations; exemptions. No person shall sell 

 any article of food or drug which is not of the nature, substance, and quality 

 of the article as represented by the vendor, and any person violating this section 

 shall be guilty of a misdemeanor, and for the first offense be fined not exceeding 

 fifty dollars, and for each subsequent offense not exceeding one hundred dollars, 

 or imprisonment not exceeding six months, or both, in the discretion of the court ; 

 Provided, That an offense shall not be deemed to be committed under this sec- 

 tion in the following cases, that is to say : 



First. Where any matter or ingredient not injurious to health has been 

 added to the food or drug because the same is required for the production or 

 preparation thereof as an article of commerce, in a state fit for carriage or 

 consumption, and not fraudulently to increase the bulk, weight, or measure of 

 the food or drug, or conceal the inferior quality thereof. 



Second. Where the drug or.food is a proprietary medicine. 



Third. Where the food or drug is compounded as authorized in this act. 



Fourth. Where the food or drug is unavoidably mixed with some extraneous 

 matter in the process of collection or preparation. 



5. Ingredients must uc in accordance ivith purchaser's demand; penalty; pro- 

 viso. No person shall sell any compound article of food or compounded drug 

 which is not composed of ingredients in accordance with the demand of the pur- 

 chaser. 



Any person violating this section shall be guilty of a misdemeanor and fined 

 not exceeding fifty dollars; Provided, That no person shall be guilty of any 

 such offense as aforesaid in respect of the sale of an article of food or a drug 

 mixed with any matter or ingredient not injurious to health, and not intended, 

 fraudulently, to increase it a bulk, weight, or measure, or conceal its inferior 

 quality, if at the time of delivering such article or drug he shall supply to the 



a So in Statutes. 



