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tion of specimens of foods and drugs manufactured or offered for sale in the 
District of Columbia, or in any Territory of the United States, or which shall 
be offered for sale in unbroken packages in any State other than that in which 
they shall have been respectively manufactured or produced, or which shall be 
received from any foreign country, or intended for shipment to any foreign 
country, or which may be submitted for examination by the chief health, food, 
or drug officer of any State, Territory, or 'the District of Columbia, or at any 
domestic or foreign port through which such produce 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 Bureau of Chemistry of the Department of Agriculture, or under the 
direction and supervision of such bureau, for the purpose of determining 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 Agriculture shall cause notice therof to be given to the 
party from whom such sample was obtained. Any party so notified shall be 
given an opportunity to be heard, under such rules and regulations as may be 
prescribed as aforesaid, and if it appears that any of the provisions 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 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 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 satisfactary 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 : P7’ovided, 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. 
