The Montgomery advertiser., 1909-09-16

tor enforcement and inspectors and
 prescribe penalties for violation
 thereof. Be 1t enacted by the Leg
 isiature of Alabama.
 l. That 1t shall be unlawful for any person, firm or corporation to manufacture. to sell or offer for sale within the State of Alabama any ar tfcle. food or drugs which Is adulterat- ed or mfsbranded or which contains any poisonous or deleterious substance within the meaning of this act. and any person who shall violate any of the provisions of this act, shall be guilty of misdemeanor and for each offense shall, upon conviction thereof, be lined not to exceed i've hundred dollars or shall be sentenced to ono years Imprisonment, or both such fine and Imprisonment in the discretion of the court, and for each subsequent of- fense, and on conviction thereof. shall be fined not exceeding one thousand dollars or sentenced to two years tm- prfsoment or both such fine and inn prisonment in the discretion of the court.
 .. That the examination of speci- mems Of food or drugs shall be made by the State Chemist and assistants as herein provided for under the direction and supervision of Commissioner of Agriculture and Industries or munich pal or county inspectors where ap- pointed for the purpose of determining from such examinations whether ar ticles are adulterated or misbranded within the meaning of this act; and 1t shall appear from any such examina- tions that any of such specimens are adulterated or misbranded within the meaning of this act the Commissioner of Agriculture and Industries shall cause notice thereof to be given to the party from whom such sample is ob- tained. Any party 50 notified shall be given an opportunity to be heard before the Commissioner of Agricul- ture and Industries and the Attorney General or the municipal or county in- spector where appointed and circuit court solicitor. under such rules and regulations as may be prescribed by the Commissioner of Agriculture and Industries and the Attorney General and if 1t appears that any of the pro- visions of this act have been violated by such party the Commissioner of As- rfcuiture and Industries or other as- sistants as herein provided for shall at once certify the fact to the proper prosecnting attorney with a copy of the result of the analysis, or of the examination of such article duly .au- thenticated by the analyst or officer making such examination, under the oath of such oficer. That in case it shall appear to the satisfaction of the Commissioner of Agriculture and In- dustries and the Attorney General that the violation of this act is properly subject of interstate commerce or oth- ana Jurisdiction of the United States then the Commissioner of Agriculture and Industries. municipal or county inspector, where appointed, or other assistants as herein provided for shall certify the case to the United States District Attorney in whose district the violation may have becEsEommit- ted; but if 1t be under the Jurisdiction of the courts of this State, then the Commissioner of Agriculture and h. dustries, municipal or county inspec- tors, where appointed, or other assist. ants as herein provided for shall cer- tify the case to the solicitor of the court in the county where the offense occurred. Tt shall be the duty of the Sons violating any of the provisions of this act as soon as he receives ev- idence transmitted by the Commissions CT of Agriculture and Industries, muni- cipal or county inspectors where ap- pointed, or other assistants as herein provided in the several counties of the State. Provided city attorneys shall prosecute with assistance of court so- 1icitors and the attorney general suits brought by municipal authorities and inspectors. After judgment of the court, notice shall be given by pub iication in such manner as may be pre- scribed by the rules and regulations aforesaid.
 2. That the term "drugs' as used In this act shall include all medicines and preparations recognised in the United States Pharmaeopeia or Ma tional Formulary. for internal or ex- ternal use. and any substance or mix ture of substances intended to be used for the cure, mitigation. or prevention of disease of either man or animals. The term flood" as used herein shall include all articles used for food. drink. confectionery or condiment by man Or animal, whether simple. mixed or compound.
 That for the purpose of this act an article shall be deemed to be adul- terated. In case of drugs. 1st. If when a drug is sold under or by a dis tinctive name recognized in the Unit ed States Pharmacopeia or National Formulary, it differs from the stand ard strength. quality or purity, as de- termined by the test laid down in the United States Pharmacopeia or Ma tionai Formulary official at the time of investigation provided. that no drug defined in the United States Pharma- copeia or National Formulary shall be deemed to be adulterated under this provision If the standard of strength, quality or purity be plainly stated on the bottle, box or container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopeia or National Formulary. 2nd. If its strength or purity shall fall below the professed standard or quality under which 1t was sold. In case of con fectionary: If 1t contains terra alba. barytes, tale, chrome yellow. burnt umber or other mineral substance, or poisonous coloring or fiavoring or oth- CT ingrediments detrimental to health, ar any vinous. malt or spirituous H. quor, or compound or narcotic drug. In case of food: 1st. If any substance has been mixed and packed with 1t so as to reduce or lower or injuriously afYect its quality or strength 2nd. If any substance has been substituted wholly or in part for the article. srd ticle has been wholly or in part ab- stracted. 4th. If 1t be mixed. colored, powdered. coated or stained. in a man ner whereby damaged or inferiorfty Is concealed 5th. If 1t contains any added poisonous or other added dele tcrious ingredient which may render such article injurious to health. pro- vided. that when in preparation of food fOY shipment. they are preserved by any external application applied in such manner that the preservatlve is by nlaesratfon In water. or otherwise, and directions for the removal of such preEsryatiVes, given name and com ponent pArts Gin red letters) on the covering of the package, or on a tag securely attached to the article: the