Evening journal., 1907-04-12
NOW WILL YOUR
FOOD BE PURE
Provisions Of the Law En-
acted by Recent Legislature
Go Into Effect in October

There has been so much speculation
as to the provisions OF the new "pure
food" law enacted by the last Legis-
lature and signed by Governor Lea,
that IL is printed herewith for the in
formation Of all persons throughout the
State who may be affected by it.
Before the Legislature adjourned
Senator Sparks, who fathered the
measure, suggested that 1000 copies be
printed for pubic distribution, which
was concurred in by the Senate. Sec
retary OF State cahall has had the law
printed in pamphlet form, and copies
are now being distributed.
The law applies the National Pure
Food Law to Delaware, and gives the
State Board Of Health and the Board
OF Pharmacy power TO enforce II.
As will be observed from the ap-
pended law, II does not become effec-
tive until October next:
Section l. That II 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 tho meaning Of this
act
Section 2. The term drug. as used in this
act shall include all medicines and prepa-
ratlons recognized in the United States
Pharmacopoela. National ,Formulary or
American Homeopathic Pharmacopoeia
for internal or external use and any sub
stance or mixture OF substances intended
TO be used for the cure. mitigation or pre-
vention OF disease OF either man or other
animals The term food. as used herein.
shall include all articles used for food.
drink, confectionery, or condlment, by
man or other animals whether simple,
mixed or compound. When a substance
answers both descriptions. food and
drug as above defined. the purpose for
which II was manufactured dispensed
sold, or offered for sale as the case may
be. shall determine its character.
Section 3. For the purpose Of this act an
article shall be deemed to be adulterated:
In case OF drugs:
First. II, when drug is sold under or
by a name recognized in the United states
Pharmacopoeia, National Formulary or
American Homeopathic Pharmacopoeia, IL
differs from the standard OF strength.
quality, or purity. as determined by the
test laid down in the United States Phar-
macopoeia. National Formulary or Ameri-
can Homeopathic Pharmacopoeia. unless
the order calls for an article differing from
such standard or unless such difference IS
made known or so appears to the pur-
chaser at the time Of each sale.
Second. II its strength or purity fall be-
low the professed standard or quality un-
der which Il 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 con-
troll, happening after The manufacture Of
the same. provided that due care be taken
10 preserve its integrity
In case OF food
First II any substance has been mixed
and packed with II so as to reduce or
lower or injuriously affect its quality or
strength.
Second. II any substance has been sub
stituted wholly or in part for the article.
Third. II any valuable constituent OF
the article has been wholly or in part alb
stracted.
Fourth. II it be mixed. colored powder
ed, coated. or stained in manner where
by damage or inferiority is concealed.
Fifth. II 1t contain any added poisonous
or other added deleterious ingredient
which may render such article injurious
to health
Sixth. If it consists in whole or in part
OF a fhhy. decomposed. or putrid animal
or vegetable substance. or any portion Of
an animal UNIT for food. whether manu-
factured or not or II 1t is the product
of diseased animal. or one that has died
otherwise than by slaughter.
Section T. Provided that the provisions OF
this act shall not apply to articles OF food,
or to mixtures or compounds of foods,
offered for sale in this State, when pre-
pared. labeled, branded. or inspected in
compliance with Federal laws and depart-
ment regulations established Hereunder.
Section 8. An offense shall not be
deemed to be committed under this act In
the following cases: Q) where the order
calls for an article OF food or drug in
Sfenor to such standard and such difference
is made known at the time; CD where The
article OF food or drug is mixed with any
matter OF ingredient not injurious 20
health and mot intended fraudulently TO
Increase its bulk. weight or measure or
conceal It's inferior quality, II at the
time such article is delivered TO the pur-
chaser It is made known to him that such
article OF food or drug is so mixed.
Section G. No dealer shall be prosecuted
under the provisions OF this act when he
can establish a guaranty signed by the
wholesaler, jobber, manufacturer or other
party residing in the United States. from
whom he purchased such articles. to the