380 THE MILK SITUATION IN THE DISTRICT OF COLUMBIA. 



Fourth. If the package containing it or its label shall bear any statement, 

 design, or device regarding the ingredients or the substances contained therein, 

 which statement, design, or device shall be false or misleading in any particular : 

 Provided, That an article of food which does not contain any added poisonous 

 or deleterious ingredients shall not be deemed to be adulterated or misbranded 

 in the following cases: 



First. In the case of mixtures or compounds which may be now or from time 

 to time hereafter known as articles of food, under their own distinctive names, 

 and not an imitation of or offered for sale under the distinctive name of another 

 article, if the name be accompanied on the same label or brand with a state- 

 ment of the place where said article has been manufactured or produced. 



Second. In the case of articles labeled, branded, or tagged so as to plainly 

 indicate that they are compounds, imitations, or blends, and the word " com- 

 pound," " imitation," or " blend," as the case may be, is plainly stated on the 

 package in which it is offered for sale: Provided, That the term blend as 

 used herein shall be construed to mean a mixture of like substances, not exclud- 

 ing harmless coloring or flavoring ingredients used for the purpose of coloring 

 and flavoring only: And provided further, That nothing in this act shall be 

 construed as requiring or compelling proprietors or manufacturers of proprie- 

 tary foods which contain no unwholesome added ingredient to disclose their 

 trade formulas, except in so far as the provisions of this act may require to 

 secure freedom from adulteration or misbranding. 



SEC. 9. That no dealer shall be prosecuted under the provisions of this act 

 when he can establish a guaranty signed by the wholesaler, jobber, manufac- 

 turer, 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 pro- 

 tection, shall contain the name and address of the party or parties making the 

 sale of such articles to such dealer, and in such case said party or parties 

 shall be amenable to the prosecutions, fines, and other penalties which would 

 attach, in due course, to the dealer under the provisions of this act. 



SEC. 10. That any article of food, drug, or liquor that is adulterated or mis- 

 branded 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 adulter- 

 ated or misbranded, or of a poisonous or deleterious character, within the 

 meaning of this act, the same shall be disposed- of by destruction or sale, as 

 the said court may direct, and the proceeds thereof, if sold, less the legal costs 

 and charges, shall be paid into the Treasury of the United States, but such 

 goods shall not be sold in any jurisdiction contrary to the provisions of this 

 act or the laws of that jurisdiction : Provided, however, That upon the pay- 

 ment of the costs of such libel proceedings and the execution and delivery of a 

 good and sufficient ( bond to the effect that such articles shall not be sold or 

 otherwise disposed of contrary to the provisions of this act, or the laws of any 

 State, Territory, District, or insular possession, the court may by order direct 

 that such articles be delivered to the owner thereof. The proceedings of such 

 libel cases shall conform, as near as may be, to the proceedings in admiralty, 

 except that either party may demand trial by jury of any issue of fact joined 

 in any such case, and all such proceedings shall be at the suit of and in the 

 name of the United States. 



SEC. 11. The Secretary of the Treasury shall deliver to the Secretary of 

 Agriculture, upon his request from time to time, samples of foods and drugs 

 which are being imported into the United States or offered for import, giving 

 notice thereof to the owner or consignee, who may appear before the Secretary 

 of Agriculture, and have the right to introduce testimony, and if it appear 

 from the examination of such samples that any article of food or drug offered 

 to be imported into the United States is adulterated or misbranded within the 

 meaning of this act, or is otherwise dangerous to the health of the people of 

 the United States, or is of a kind forbidden entry into, or forbidden to be sold 

 or restricted in sale in the country in which it is made or from which it is 



