^a^igoT"}       Draf*  °f  a  Proposed  Drug  Law.  37 
Section  4. — That  for  the  purpose  of  this  Act  an  article  shall  be 
deemed  to  be  misbranded  : 
First. — All  drugs,  the  package  or  label  of  which  shall  bear  any 
statement,  design  or  device  regarding  such  article  or  the  ingredients 
or  substance  or  substances  contained  therein,  shall  be  false  or  mis- 
leading in  any  particular. 
Second. — If  it  be  an  imitation  of  or  offered  for  sale  under  the 
name  of  another  article.  If  the  contents  of  the  package  as  orig- 
inally put  up  shall  have  been  removed  in  whole  or  in  part  thereof 
and  other  contents  shall  have  been  placed  in  such  package,  or  if  the 
package  fail  to  bear  a  statement  on  the  label  of  the  presence  of  any 
alcohol,  morphine,  opium,  heroin,  alpha  or  beta  eucaine,  chloroform, 
cannabis  indica,  chloral  hydrate,  acetanilid,  or  phenacetin,  antipy- 
rin,  or  any  derivative  or  any  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  practising  physicians,  dentists  and  veterinaries,  and  kept  on  file 
by  druggists,  or  to  such  preparations  as  are  specified  and  recog- 
nized by  the  United  States  Pharmacopoeia,  the  National  Formulary 
and  the  American  Homoeopathic  Pharmacopoeia,  which  are  made 
in  accordance  therewith  and  are  sold  under  titles  designated  therein. 
Section  5. — That  the  enforcement  of  this  Act  shall  be  entrusted 
to  the  State  Pharmaceutical  Examining  Board,  who  shall  receive  as 
compensation  for  their  services  the  same  per  diem  and  expenses 
that  they  receive  as  members  of  the  State  Pharmaceutical  Examining 
Board  under  the  Act  of  May  twenty-four,  one  thousand  eight  hun- 
dred and  eighty-seven.  They  shall  make  uniform  rules  and  regula- 
tions for  carrying  out  the  provisions  of  this  Act,  including  the  col- 
lection and  examination  of  specimens  of  drugs  manufactured  or 
offered  for  sale  in  the  State  and  shall  have  power  to  employ  such 
agents,  chemists,  attorneys  and  assistants  as  may  be  necessary  for 
this  purpose. 
Section  6. — That  the  examination  of  drugs  purchased  or  pro- 
cured by  said  Board  shall  be  made  under  the  direction  and  super- 
vision of  said  Board  for  the  purpose  of  determining  from  such 
examination  whether  such  articles  are  adulterated  or  misbranded 
within  the  meaning  of  this  Act,  and  if  it  shall  appear  from  any  such 
examination  that  any  of  such  specimens  is  adulterated  or  misbranded 
within  the  meaning  of  this  Act,  the  Board  shall  cause  notice  thereof 
to  be  given  to  the  party  from  whom  the  same  was  purchased  or 
