737 
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 authenti- 
cated 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 rfeport 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 
include 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- 
tion : Provided, That no drug defined in the United States Pharmacopoeia or 
National Formulary 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 Na- 
tional 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 sub- 
stance or poisonous color or flavor, or other ingredient deleterious or detri- 
mental to health, or any vinous, malt or spirituous liquor or compound or nar- 
cotic drug. 
In the case of food : 
First. If any substance has been mixed and packed with it so as to reduce 
or lower or injuriously affect its quality or strength. 
Second. If any substance has been substituted 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 damage or inferiority is concealed. 
Fifth. If it contain any added poisonous or other added deleterious ingredient 
which may render such article injurious to health : Provided, That when in 
the preparation of food products for shipment they are preserved by any ex- 
ternal application applied in such manner that the preservative is necessarily 
24907— Bull. 41—08 47 
