

BUREAU OF CHEMISTRY. 189 



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 anah'st or officer niakin<i; 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. 



Act June 30, 1906. c. 3915, s. 4, 34 Stat. 769. 

 Duty of district attorneys to prosecute for violations of act. 



Sec. 5. 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 District of Columbia shall present satisfactory evi- 

 dence 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. 



Act June 30, 1906, e. 3915. s. 5. 34 Stfit. 769. 

 Definition of terms " drug " and " food " as used in act. 



Sec. 6, That the term " drug," as used in this Act, shall include 

 all medicines and preparations recognized in the United States Phar- 

 macop(eia 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 disease of either man or other 

 animals. The term " food," as used herein, shall include all articles 

 used for food, drink, confectionery, or condiment by man or other 

 animals, whether simple, mixed, or compound. 



Act June 30, 1906, c. 3915, s. 6, 34 Stat. 769. 

 Articles deemed adulterated. 



Sec. 7. That for the purposes of this Act an article shall be deemed 

 to be adulterated : 



Drugs. 



In case of drugs: 



Difference from recognized standard; statement on bottle, box, etc., as to differ- 

 ent standard. 



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, qiiality, or purity, as determined by 

 the test laid down in the United States Pharmacopoeia or National 

 Formulary official at the time of investigation: Provided, That no 

 drug defined in the United States Phannacopoeia or National Formu- 

 lary 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 

 Pharmacopoeia or National Formulary, 



Below professed standard. 



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

 or quality under which it is sold. 



