Middletown transcript., 1907-05-04
DELAwARE's PURE FOOD LAW

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law enacted By tile last Legislature and
signed By Governor Lea, that il is printed
herewith for the information of all persons
tlroghout the State who may be affected
by it.
Before the Legislature adjourned Sena-
tor Sparks. who fatliered the measure, ,sug-
gested that 1000 copies be printed for pub.
lie distribution, which was conferred in
by the Senate. Secrt tary Of State Cahall
has bad the law printed in pamphlet form
and copies are now being distributed.
The law applies the National Pure Food
Law to Delaware, aud gives the State
Board OF Health and the Board, of Phar-
macy power to enforce it.
AS will be observed by the appended
law it does nlt become effective until Oc-
tober next.
Section l. That it shall be unlawful
for any person to manufacture, dispense,
sell or offer for sale, within the limits of
this State, any article of food or drug
which is adulterated within the meaning
of this act.
Section 2. The term drug, as used in
this act, shall include all medicines and
preparations recognized in the United States
Pharmacopoeia, National Formulary
or American Homeopathic Pharmacopeia
for internal or external use, and any sub
stance or mixture of substances intended
to be used for the cure, mitigation or pre-
yention of disease of either man or other
animals. The term food, as used herein,
shall include all articles used as food,
drink, confectionery, or condiment. by
man or other animals whether simple,
mixed or compound. When a substance
answers both descriptions, food and a
drug above as defined, the purpose for
which it was manufactured dispensed,
sold, or offered for sale as the case may be,
shall determine its character.
| Section 8. For the purpose of this act
an article shall be deemed to be adulter-
ated:
| In case OF drngs:
First. If when drug is sold under or
by name recognized in the United
States Pharmacopoeia, National Formu-
larry or American Homeopathic Pharma-
copoeia it differs from the standard of
strength, quality, or purity, as determin-
ed by the test laid down in the United
States Pharmacopoeia, National Formu.
larry or American Homeopathic Pharmaco-
poeia unless the order calls for an article
differing from such stanadrd, or unless
such difference is made known or so ap-
pears to the purchaser at the time of each
sale.
Second. Ii the strength or purity fall
below the professed standard or quality |
under Which it is sold.
But in no case shall drug be deemed |
to be adulterated, as differing from the |
proper standard, when the variation is |
caused by the evaporation OF any volatile |
ingredient or by other change beyond |
control, happening after the manufacture |
of the same, provided that due care be
taken to preserve its integrity.
In case of food:
First. II any substance las been mix
ed and packed with it SO as to reduce or
lower or iniuriously affect its quality or
strength.
Second. If any substance has been SUBJ
stituted wholly or in part for the article.
Third. If any valuable constituent Of the
article has been wholly or in part alb
stracted.
Fourth. II it be mixed, colored, pow
dered, coated, in manner whereby dam.
age or inferiority is concealed.
Fifth. If it contain any added poison
GUS or other added deleterioRs ingredient
which may render such article injurious
to health.
Sixth. II 1t contains in whole or in part
OF a filthy, decomposed, or putrid
animal or vegetable substance, or any
portion of animal unfit for food, whether
manufactured or not, or if it is the product |
OF diseased animal. That the provisions
OF this act shall not apply to articles of
food, to mixtures or compounds OF foods,
offered for sale in this State, when pre-
pared. labeled, brande d, or inspected, in
compliance with Federal laws and depart
nent regulations established Hereunder
Section 5. An offense shall not be Deem
ed to be committed under this act in the |
following cases: ~ where the order calls
for an article Of food or drug inferior to
such standard and such difference is |
made known at the time; (2) where the
article of food or drug is mixed with
any matter or ingredient not injurious to
health and not intended fraudulentiy to
increase its bulk, weight or measure or
conceal its inferior quality. if at the time
such article is delivered to the purchaser,
it is made known to him that such article
ofsfood or drug is so mixed.
Section 6. No dealer shall be prose-
cuted under the provisions OF this act
when he can establish guaranty signed
by the wholesaler, jobber, manufacturer
or other party residing in the United
States, from whom lie purchased such ar
ticles to the effect that the same are not
adulterat.d within the meaning OF this
act or the National Food and Drugs Act
OF June 80, 1906. Said guaranty, to af-
ford protection, shall contain the name
and address Of the party or parties making
the sale of sncll articles to such dealer,
and in such case said party or parties
shall be amendable to the prosecutions,
hnes, and other penalties which would at
tach, in due course, to the dealer under
the provisions Of this act. II
Section z. 1t shall be the duty Of the j
Board OF Health Of the State Of Delaware {
to enforce all the provisions Of this act
and to proniulgate rules and regulations
to carry out the same SO far as they relate !
to foods; and it shall be the duty OF the ,
State Board Of Pharmacy to enforce all
the provisions of this act end TO promui-