The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-01-09

terstate commerce, or for export or
import between the United States and
any foreign port or country.
Sec. 4. That the examinations of
specimens of foods and drugs shall be
made in the bureau of chemistry of
the department of agriculture, or
under the direction and supervision
of such bureau, for the purpose of de-
termining from such examinations
whether such articles are adulterat--
ed or misbranded within the meaning
of this act; and If it shall appear from
any such examination that any such
specimens are adulterated or mis-
branded within the meaning of this
act, the secretary of agriculture shall
cause notice thereof to be given to the
party from whom such sample was OBJ
tanned. Any party so notified shall be
given an opportunity to be heard,
under such rules and regulations as
may be prescribed as aforesaid, and
if it appears that any of the provis-
ions of this act have veen violated by
such party, then the secretary of
agriculture shall at once certify the
facts to the proper United States dis
trict attorney, with a copy of the re-
suits of such article duly authenticat-
ed by the analyst or officer making
such officer. After judgment of the
court, notice shall be given by publica-
ton in such manner as may be pres
nrihod hN hn 1o<l
aforesaid.
Sec. S. That it shall be the duty
of each district attorney to whom thu,
secretary of agriculture shall report
any violation of this act, or to whom
any health or food or drug officer or
agent of any state, territory or the
District of Columbia shall present sat
isfactory evidence of any such viola.
ton, to cause appropriate proceedings
to be commenced and prosecuted in the
proper courts of the United States,
without delay, for the enforcement of
the penalties as in such case herein
provided.
Sec. 6. That the term drug" as
used in this act shall include all med
icines and preparations recognized in
the United States Pharmacopoeia or
National Formulary for internal or ex-
ternal use, and any substance or mix
ture of substances intended to be used
for the cure, mitigation, or preventa-
ton of disease of either man or other
animals. The term "food." as used
herein, shall include all articles used
for food, drink, confectionery, or con-
diment by man or other animals,
simple, mixed, or compound.
In the case of confectionery:
If it contain terra alba, barytes. tale.
chrome yellow, or other mineral sub
stance of poisonous color or flavor, or
other ingredient deleterious or detri-
mental 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 and packed with it so as to re-
duce or lower or injuriously affect it's
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 distracted.
Fourth, If it be mixed, colored, pow
dered, coated, or stained in manner
whereby damage or inferiority is con-
cealed.
Fifth. If it contain any added pois-
onous or other added deleterious in
gredient which may render such ar
ticle injurious to health: Provided,
That when in the preparation of food
products for shipment they are pre-
served by any external application
applied in such manner that the pre-
sentative is necessarily removed mec-
hanically, or by maceration in water,
or otherwise, and directions for the re-
moval of said preservative shall be
printed on the covering or the pack.
age, the provisions of this act shall be
construed as applying only when said
products are ready for consumption.
Sixth. If it consists in whole or in
part of 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 diseased animal, or
one that has died otherwise than by
slaughter.
Sec. s. That the term "misbrand-
ed," as used herein, shall apply to all
drugs, or articles of food, or articles