CHAPTER 368 AN ACT TO PREVENT THE MANUFACTURE OR SALE OF ADULTERATED, MISBRANDED, POISONOUS OR DELETE- RIOUS FOODS, DRUGS, MEDICINES OR LIQUORS. The General Assembly of North Carolina do enact:
Section 6. 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 Pharmacopceia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopeeia or National Formulary official at the time of investigation : Provided, that no drug defined in the United States Pharmacopeeia 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 Pharmacopeia or National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold. In case of confectionery : First. If it contains terra alba, barytes, tale, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug. In the case of food: First. If any substance has been mixed or picked 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 contains any added poisonous or other added deleterious ingredient which may render such article injurious to health. If it contains any of the following substances, which are hereby declared deleterious and dangerous to health when added to human food, to-wit: Colors which contain antimony, arsenic, barium, lead, cadmium, chromium, copper, mercury, uranium, or zine; or the following colors: gamboge, corallin, picric acid, aniline, or any of the coal-tar dyes; saccharine, dulcin, glucin, or any other artificially or synthetically prepared substitute for sugar; paraffin, formaldehyde, beta-naphthol, abrastol, benzoic acid or benzoates, salicylic acid or salicylates, boric acid or borates, sulphurous acid or sulphites, hydrofluoric acid or any fluorine compounds, sulphuric acid or potassium sulphate or wood alcohol: Provided, that catsups and condimental sauces may, when the fact is plainly and legibly stated in the English language on the wrapper and label of the package in which it is retailed, contain not to exceed two-tenths of one per cent. of benzoic acid or its equivalent in sodium benzoate. Fermented liquors may contain not to exceed two-tenths of one per cent. of combined sulphuric acid and not to exceed eight-thousandths of one per cent. of sulphurous acid. 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 had died otherwise than by slaughter. In addition to the ways already provided, sausage shall be deemed to be adulterated if it is composed in any part of liver, lungs, kidneys or other viscera of animals: Provided, that the use Of animal intestines as sausage casings shall not be deemed to be an adulteration. Seventh. If it differs in strength, quality or purity from the standards of purity of food products that have been or may be from time to time adopted by the Board of Agriculture.