34  Draft  of  a  Proposed  Importation  Act.  {^J^SS* 
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. 
Sec.  4.  For  the  purposes  of  this  Act  a  drug  shall  be  deemed  to  be 
adulterated : 
First  If  sold  under  or  by  a  name  recognized  in  the  United  States  Phar- 
macopoeia 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  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 
National  Formulary,  and  Provided,  That  in  lieu  of  such  a  label  on  the  con- 
tainer the  importer  of  crude  drugs  in  bulk  may  file  a  declaration  at  the  time 
of  entry,  setting  forth  the  standard  of  strength,  quality  or  purity  of  the  drug. 
Second.  If  its  strength  or  purity  fall  below  the  professed  standard  or 
quality  under  which  it  is  entered. 
Sec.  5.  The  term  "  misbranded "  as  used  herein  shall  apply  to  all  drugs 
the  package  or  label  of  which  shall  bear  any  statement,  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  drug  or 
drug  product  which  is  falsely  branded  as  to  the  country  in  which  it  is  manu- 
factured ;  or  if  it  be  an  imitation  of  or  offered  under  the  name  of  another 
article ;  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  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  acetanilid, 
or  any  derivative  or  preparation  of  any  such  substance  contained  therein. 
Sec.  6.  And  be  it  further  enacted,  That  if  on  examination  any  drug  is 
found,  in  the  opinion  of  the  examiner,  to  be  so  far  adulterated  or  in  any 
manner  deteriorated  as  to  render  it  improper,  unsafe,  or  dangerous  to  be 
used  for  medicinal  purposes,  a  return  to  that  effect  shall  be  made  upon  the 
invoice,  and  the  article  so  noted  shall  not  pass  the  Custom  House,  unless  on  a 
re-examination  of  a  strictly  analytical  character,  called  for  by  the  owner  or 
consignee,  the  return  of  the  examiner  shall  be  found  erroneous,  and  it  shall 
be  declared,  as  the  result  of  such  analysis,  that  the  said  article  may  proper!}', 
safely  and  without  danger  be  used  for  medicinal  purposes. 
Sec.  7.  And  be  it  further  enacted,  That  the  owner  or  consignee  shall,  at 
all  times,  when  dissatisfied  with  the  examiner's  return,  have  the  privilege  of 
calling  at  his  own  expense  for  a  re-examination,  and  on  depositing  with  the 
Collector  such  sum  as  the  latter  may  deem  sufficient  to  defray  such  expense, 
it  shall  be  the  duty  of  that  officer  to  procure  some  competent  analytical 
chemist  or  specialist  in  drugs  who  shall  make  a  careful  examination  of  the 
article  or  articles  included  in  said  return,  and  report  upon  the  same  under 
oath,  and  in  case  this  report,  which  shall  be  final,  shall  declare  the  return  of 
the  examiner  to  be  erroneous,  and  the  said  article  or  articles  to  be  of  the 
