378 THE MILK SITUATION IN THE DISTRICT OF COLUMBIA. 



terated or misbranded within the meaning of this act, or any person who shall 

 sell or offer for sale in the District of Columbia or the Territories of the 

 United States any such adulterated or misbranded foods or drugs, or export 

 or offer to export the same to any foreign country, shall be guilty of a misde- 

 meanor, and for such offense be 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: Provided, 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 packed according to the specifications or 

 directions of the foreign purchaser when no substance is used in the prepara- 

 tion 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 be in fact 

 sold or offered for sale for domestic use or consumption, then this proviso 

 shall not exempt said article from the operation of any of the other provisions 

 of this act. 



SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, 

 and the Secretary of Commerce and Labor shall make uniform rules and regula- 

 tions for carrying out the provisions of this act, including the collection and 

 examination of specimens of foods and drugs manufactured 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 manufactured 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 inter- 

 state commerce, or for export or import between the United States and any 

 foreign port or country. 



SEC. 4. That the examinations 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 adulterated or misbranded within 

 the meaning of this act ; and if it shall appear from any such examination that 

 any of such specimens is adulterated or misbranded within the meaning of 

 this 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. 



SEC. 5. That it shall be the duty of each district attorney to whom the Secre- 

 tary 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 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. 



SEC. 6. That the term " drug," as used in this act, shall include all medicines 

 and preparations recognized in the United States Pharmacopoeia or National 

 Formulary for internal or external use, and any substance or mixture of sub- 

 stances 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 in- 

 clude all articles used for food, drink, confectionery, or condiment by man or 

 other animals, whether simple, mixed, or compound. 



SEC. 7. That for the purposes of this act an article shall be deemed to be 

 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- 



