AFebrrrV!f%7m-}       Draft  of  a  Model  State  Law.  75 
Sec.  3.  That  for  the  purpose  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  investigation  :  Provided,  That  no 
drug  defined  in  the  United  States  Pharmacopoeia  or  National  Form- 
ulary 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  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  contain  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  spiritu- 
ous 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  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  dele- 
terious ingredient  which  may  render  such  article  injurious  to  health: 
Provided,  That  when  in  the  preparation  of  food  products  for  ship- 
ment they  are  preserved  by  any  external  application  applied  in  such 
manner  that  the  preservative  is  necessarily  removed  mechanically, 
or  by  maceration  in  water,  or  otherwise,  and  directions  for  the 
removal  of  said  preservative  shall  be  printed  on  the  covering  or  the 
package,  the  provisions  of  this  Act  shall  be  construed  as  applying 
only  when  said  products  are  ready  for  consumption. 
