NEW MEXICO. 133 



months, or both in the discretion of the court : Provided, That an offense shall not 

 be deemed to be committed under this section 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 name is required for the production or prepara- 

 tion thereof as an article of commerce in a fit state 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 by this act. 



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

 matter in the process of collection or preparation. 



1250. Compounded drugs to be of composition demanded by purchaser ; proviso. 

 No person shall sell in the Territory of New Mexico any compound article of 

 food or compounded drug which is not composed of ingredients in accordance 

 with the demand of the purchaser. 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 injuri- 

 ous to health and not intended, fraudulently, to increase its bulk, weight or 

 measure, or conceal its inferior quality, if at the time of delivering such article 

 or drug he shall supply to the person receiving the same a notice by a label dis- 

 tinctly and legibly written or printed on or with the article or drug, to the effect 

 that the same is mixed. 



1252. Application of proviso must be proved. In any prosecution under this 

 act, where the fact of an article having been sold in a mixed state has been 

 proved, if the defendant shall desire to rely upon proviso contained in this act, 

 it shall be incumbent upon him to prove the same. 



1253. Ignorance of presence of adulteration bar to prosecution. If the defend- 

 ant in any prosecution under this act, prove to the satisfaction of the court that 

 he had purchased the article in question as the same in nature, substance and 

 quality as that demanded of him by the purchaser and with a written warranty 

 to that effect; that he had no reason to believe at the time when he sold it 

 that the article was otherwise ; and that he sold it in the same state as when 

 he purchased it, he shall be discharged from the prosecution. 



1254. Forged warranties; penalty. Any person who shall forge, or shall after 

 knowing it to be forged, any certificate or any writing purporting to contain a 

 warranty, as provided in section one thousand two hundred and fifty-three, shall 

 be guilty of a misdemeanor and be punishable on conviction, by imprisonment 

 for a term not exceeding one year with hard labor. 



1255. False applications of warranties or labels. Every person who shall 

 willfully apply to any article of food or a drug, a certificate of warranty given 

 in relation to any other article or drug, or who shall give a false warranty in 

 writing to any purchaser in respect of an article of food or a drug sold by him as 

 principal or agent, or who shall willfully give a label with any article sold by 

 him which shall falsely describe the article sold shall be guilty of a misde- 

 meanor, and on conviction be fined not to exceed one hundred dollars. 



1256. " Drug " defined. * * * The term drug as used in this act shall 

 include all medicines for internal or external use. 



1257. Exemptions. That the governor may from time to time declare certain 

 articles or preparations to be exempt from the provisions of this act, and it shall 

 be the duty of the secretary of the territory to prepare and publish from time to 

 time a list of the articles, mixtures or compounds declared to be exempt from the 

 provisions of this act in accordance with this section. Laws, 1888-9, p. 303. 



Compiled Laws, 1897, p. 374. 



