76  Draft  of  a  Model  State  Law. 
Sixth.  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed, 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal 
unfit  for  food,  whether  manufactured  or  not,  or  if  it  is  the  product 
of  a  diseased  animal,  or  one  that  has  died  otherwise  than  by 
slaughter. 
Sec.  4.  That  the  term  "  misbranded,"  as  used  herein,  shall  apply 
to  all  drugs,  or  articles  of  food,  or  articles  which  enter  into  the  com- 
position of  food,  the  package  or  label  of  which  shall  bear  any  state- 
ment, design,  or  device  regarding  such  article,  or  the  ingredients 
or  substances  contained  therein  which  shall  be  false  or  misleading 
in  any  particular,  and  to  any  food  or  drug  product  which  is  falsely 
branded  as  to  the  State,  Territory,  or  country  in  which  it  is  manu- 
factured or  produced. 
That  for  the  purposes  of  this  Act  an  article  shall  also  be  deemed 
to  be  misbranded : 
In  case  of  drugs  : 
First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  name 
of  another  article. 
Second.  If  the  contents  of  the  package  as  originally  put  up 
shall  have  been  removed,  in  whole  or  in  part,  and  other  contents 
shall  have  been  placed  in  such  package,  or  it  the  package  fail  to 
bear  a  statement  on  the  label  of  the  quantity  or  proportion  of  any 
alcohol,  morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eucaine, 
chloroform,  cannabis  indica,  chloral  hydrate,  or'acetanilide,  or  any 
derivative  or  preparation  of  any  such  substances  contained  therein : 
Provided,  That  nothing  in  this  paragraph  shall  be  construed  to 
apply  to  the  filling  of  written  prescriptions,  furnished  by  regular 
licensed  practicing  physicians,  and  kept  on  file  by  druggists,  or 
as  to  such  preparations  as  are  specified  and  recognized  by  the 
United  States  Pharmacopoeia  or  National  Formulary,  which  are  in 
accordance  therewith. 
In  the  case  of  food  : 
First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  dis- 
tinctive name  of  another  article. 
Second.  If  it  be  labeled  or  branded  so  as  to  deceive  or  mislead 
the  purchaser,  or  purport  to  be  a  foreign  product  when  not  so,  or  if 
the  contents  of  the  package  as  originally  put  up  shall  have  been 
removed  in  whole  or  in  part  and  other  contents  shall  have  been 
placed  in  such  package,  or  if  it  fail  to  bear  a  statement  on  the  label 
