815 
heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or 
acetanilide, or any derivative or preparation of any of such substances contained 
therein. 
Third. If in package form, and the contents are stated in terms of weight or 
measure, they are not plainly and correctly stated on the outside of the package. 
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 par- 
ticular : 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 statement 
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 excluding 
harmless coloring or flavoring ingredients used for the purpose of coloring and 
flavoring only : And provided further, That nothing in this act shall be con- 
strued as requiring or compelling proprietors or manufacturers of proprietary 
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, manu- 
facturer, or other party residing in the United States, from whom he pur- 
chases such articles, to the effect that the same is not adulterated or mis- 
branded within the meaning of this act, designating it. Said guaranty, to 
afford protection, 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 adul- 
terated 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 
