74  Draft  of  a  Model  State  Law.  {A^^X^ 
DRAFT  OF  A  MODEL  STATE  PURE  FOOD  AND  DRUG 
LAW.1 
Suggested  by  the  Chairman  of  the  Committee  on  Legislation  of  the  National 
Wholesale  Druggists'  Association. 
AN  ACT  For  preventing  the  manufacture  or  sale  of  adulterated 
or  misbranded  foods  or  drugs.  y 
Be  it  enacted — 
Section  I.  That  it  shall  be  unlawful  for  any  person  to  manu- 
facture or  sell  or  offer  for  sale  any  article  of  food  or  drug  which  is 
adulterated  or  misbranded,  within  the  meaning  of  this  Act ;  and 
any  person  who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  for  each  offence  shall,  upon 
conviction  thereof,  be  fined  not  to  exceed  dollars  or 
shall  be  sentenced  to  one  year's  imprisonment,  or  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court,  and  for  each  sub- 
sequent offense  and  conviction  thereof  shall  be  fined  not  less  than 
dollars  or  sentenced  to  one  year's  imprisonment,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 
Provided,  That  no  article  shall  be  deemed  misbranded  or  adulterated 
within  the  provisions  of  this  Act  when  intended  for  export  to  any 
foreign  country  and  prepared  or  packed  according  to  the  specifica- 
tions or  directions  of  the  foreign  purchaser  when  no  substance  is 
used  in  the  preparation  or  packing  thereof  in  conflict  with  the  laws 
of  the  foreign  country  to  which  said  article  is  intended  to  be  shipped; 
but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic 
use  or  consumption,  then  this  proviso  shall  not  exempt  said  article 
from  the  operation  of  any  of  the  other  provisions  of  this  Act. 
Sec.  2.  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  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  condiment  by  man  or  other 
animals,  whether  simple,  mixed,  or  compound. 
1  This  copy  was  furnished  through  the  courtesy  of  Mahlon  N.  Kline,  Chair- 
man of  the  Committee  on  Legislation  of  the  National  Wholesale  Druggists' 
Association. — Editor. 
