388 THE MILK SITUATION IN THE DISTKICT OF COLUMBIA. 



APPENDIX K. 



ACT RELATING TO THE ADULTERATION OF FOODS AND DRUGS IN THE DIS- 

 TRICT OF COLUMBIA, APPROVED FEBRUARY 17, 1898. 



AN ACT Relating to the adulteration of foods and drugs in the District of Columbia. 



[30 Stat., 246.] 



Be it enacted by the Senate and House of Representatives of the United States 

 of America in Congress assembled, That no person shall within the District of 

 Columbia, by himself, or by his servant, or agent, or as the servant or agent of 

 any other person, sell, exchange, or deliver, or have in his custody or possession 

 with the intent to sell or exchange, or expose or offer for sale or exchange, any 

 article of food or drug which is adulterated within the meaning of this act 



SEC. 2. That the term " drug," as used in this act, shall include all medicines 

 for external or internal use, antiseptics, disinfectants, and cosmetics. The term 

 " food," as used herein, shall include confectionery, condiments,, and all articles 

 used for food or drink by man, and if there be more than one quality of any 

 article of food or drug known by the same name the best quality thereof shall 

 be furnished to the purchaser, unless he otherwise requests at the time of mak- 

 ing such purchase, or unless he be notified at such time of the inferior quality 

 of the article delivered. 



SEC. 3. That an article shall be deemed to be adulterated within the meaning 

 of this act: 



(a) In the case of drugs: First, if, when sold under or by a name recognized 

 in the United States Pharmacopoeia, it differs from the standard of strength, 

 quality, or. purity laid down in the edition thereof at the time official ; second, 

 if, when sold under or by a name not recognized in the United States Pharma- 

 copoeia, but which is found in the German, French, or English Pharmacopoeia, 

 it differs from the strength, quality, or purity laid down therein ; third, if, when 

 sold as a patented medicine, compounded drug, or mixture, it is not composed 

 of all the ingredients advertised or printed or written on the bottles, wrappers, 

 or labels of or on or with the patented medicine, compounded drug, or mixture: 

 Provided, That if the defendant in any prosecution under this act, in respect to 

 the sale of any such patented medicine, compounded drug or mixture, shall 

 prove to the satisfaction of the court that he had purchased the article in ques- 

 tion 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 dis- 

 charged from the prosecution. 



(b)In the case of food : First, if any substance or substances have been mixed 

 with it so as to reduce or lower or injuriously affect its quality or strength; 

 second, if an inferior or cheaper substance or substances have been substituted 

 wholly or in part for it; third, if any valuable constituent has been wholly or 

 in part abstracted from it : fourth, if it is an imitation of or is sold under the 

 name of another article; fifth, if it consists wholly or in part of a deceased, 1 

 decomposed, putrid, or rotten animal or vegetable substances, whether manu- 

 factured or not ; sixth, if it is colored, coated, polished, or powdered whereby 

 damage is concealed, or if it is made to appear better or of greater value than 

 it really is; seventh, if it contains any added poisonous ingredient or any in- 

 gredient which may render it injurious to the health of a person consuming it ; 

 water, niore than five per centum of salt, and less than eighty-three per centum 

 of fat, less than nine per centum of solids not fat, and contains more than 

 eighty-seven and one-half per centum of water; in the case of cream, if it con- 

 tains less than twenty per centum of butter fat ; ninth, in the case of butter or 

 cheese, if it is not made exclusively from milk or cream or both, with or with- 

 out common salt; the butter, if it contains more than twelve per centum of 

 water, more than five per centum of salt, and less than eighty-three per centum 

 of fat; tenth, in the case of coffee, if it is not composed entirely of the seed of 

 the Caffea arabica ; eleventh, in the case of lard, if it is not made exclusively 

 from the rendered fat of the healthy hog; twelfth, in the case of tea, if it is 

 not composed entirely of the genuine leaf of the tea plant not exhausted ; thir- 

 teenth, in the case of all kinds of vinegar, if it contains an acidity equivalent 



1 So printed in statute. 



