^KSS"'}  ■     Draft  of  a  Model  State  Law.  77 
of  the  quantity  or  proportion  of  any  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. 
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  sub- 
stances contained  therein,  which  statement,  design,  or  device  shall  be 
false  or  misleading  in  any  particular :  Provided,  That  an  article  of  food 
which  does  not  contain  any  added  poisonous  or  deleterious  ingre- 
dients 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  accom- 
panied 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  "  compound,"  "  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  con- 
strued 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  construed  as  requiring  or  compelling  proprietors  or  manu- 
facturers 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.  5.  That  no  dealer  shall  be  prosecuted  under  the  provisions 
of  this  Act  when  he  can  establish  a  guaranty  signed  by  the  whole- 
saler, jobber,  manufacturer,  or  other  party  residing  in  this  State, 
from  whom  he  purchases  such  articles,  to  the  effect  that  the  same 
is  not  adulterated  or  misbranded  within  the  meaning  of  this  Act, 
designating  it.    Said  guaranty,  to  afford  protection,  shall  contain 
