186 



SCIENCE. 



[N. S. Vol. XXIV. No. 606. 



country, or intended for shipment to any for- 

 eign country, or which may be submitted for 

 examination by the chief health, food, or drug 

 ofBcer of any state, territory, or the District 

 of Columbia, or at any domestic or foreign 

 port through w^iich such product is offered for 

 interstate 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 Bu- 

 reau of Chemistry of the Department of Agri- 

 culture, or under the direction and supervision 

 of such bureau, for the purpose of determin- 

 ing 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 Agri- 

 culture shall cause notice thereof to be given 

 to the party from whom such sample was ob- 

 tained. Any party so notified shall be given 

 an opportunity to be heard, under such rules 

 and regulations as may be prescribed as afore- 

 said, and if it appears that any of the provi- 

 sions 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 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 

 evidence of any such violation, to cause appro- 

 priate proceedings to be commenced and prose- 

 cuted 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 

 Pharmacopeia or National Formulary for in- 

 ternal 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 condi- 

 ment 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 Phar- 

 macopeia or National Formulary, it differs 

 from the standard of strength, quality, or 

 purity, as determined by the test laid down in 

 the United States Pharmacopeia or National 

 Formulary official at the time of investiga- 

 tion: Provided^ That no drug defined in the 

 United States Pharmacopeia or National For- 

 mulary 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 there- 

 of, although the standard may differ from that 

 determined by the test laid down in the United 

 States Pharmacopeia or National Formulary. 



Second. If its strength or purity fall below 

 the professed standard or quality under which 

 it is sold. 



In the case of confectionery : 



If it contains terra alba, barytes, talc, 

 chrome yellow, or other mineral substance or 

 poisonous color or flavor, or other ingredient 

 deleterious or detrimental to health, or any 

 vinous, malt, or spirituous liquor or compound 

 or narcotic drug. 



In the case of food: 



First. If any substance has been mixed and 

 packed with it so as to reduce or lower or in- 

 juriously affect its quality or strength. 



Second. If any substance has been substi- 

 tuted wholly or in part for the article. 



Third. If any valuable constituent of the 

 article has been wholly or in part abstracted. 



Fourth. If it be mixed, colored, powdered, 

 coated, or stained in a manner whereby dam- 

 age or inferiority is concealed. 



