The Birmingham age-herald., 1909-09-16
GENERAL LAWS Enacted By the Legislature of
 Alabama.


 the State of Alabama. To provide for
 enforcement and inspectors and pre-
 scribe penalties for violation thereof.
 Be 1t enacted by the Legislature of
 Alabama.
 1. That it shall be unlawful for any person, firm or corporation to manufacture, to sell or offer for sale within the State of Alabama any ar ticle, food or drugs which is adulterat- ed or misbranded 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 thereon. be fined not to exceed five hundred dollars or shall be sentenced to one 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 lm- prisonment or both such fine and in- prisonment in the discretion Of the court.
 2. That the examination or specl- mems of food or drugs shall be maue by the State Chemist and assistants as herein provided for under the direction and supervision of Commissioner or Agriculture and Industries or munlci- 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 It 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 so notified shall be given an opportunity to be heard before the Commissioner of Agricul- lure and Industries and the Attorney General or the municipal or county in spector where appointed and circuit court solicitor. under such rules ana 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 Az rculture and Industries or other as sistants as herein provided for shall at once certify the fact to the proper prosecuting attorney with 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 officer That in case 1t shall appear to the satisfaction of the Commissioner of Agriculture and In 'ustries and the Attorney General that the violation of this act is properly subject of interstate commerce or oth- crwise comes under the supervision and jurisdiction of the United States then the Commissioner of Agriculture and industries, municipal or county >tr,tA aft assistants as herein provided for shall certify the case to the United States District Attorney in whose district the violation may have been commit ted; but if it be under the Jurisdiction of the courts of this State, then the Commissioner of Agriculture and h. dustries, municipal or county 1nspec- 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. It shall be the duty of the State solicitors to prosecute all per sonus violating any of the provisions of this act as soon as he receives ev- 1dence transmitted by the Commission 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- lcitors and the attorney general suits brought by municipal authorities and inspectors. After judgment of the court notice shall be given by pub lcation in such manner as may be pre- scribed by the rules and regulations aforesaid.
 B. That the term drugs" as used in this act shall include all medicines and preparations recognized in the United States Pharmacopeia 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 food as used herein shall include all articles used for food. 6rink. confectionery or condiment by man or animal. whether simple. mixed or compound.
 f. That for the purpose of this act an article shall be deemed to be adu- 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, 1t differs from the stand ard strength. quality or purity. as de- termined by the test laid down in the United States Pharmacopeia or Ma tional 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 therof, although the standard may differ from that determined by the test laid down fin the United States Pharmacopeia or National Formulary End. If Its strength or purity shall fall below the professed standard quality under which it was sold. In case of con- fectonery: If 1t contains terra alba. barytes, falc, chrome yellow; burnt umber or other mineral substance, or poisonous coloring or flavoring or oth- CT ingredients detrimental to health, or any vinous, malt or spirituous H. ouor or compound or narcotic drug In case of food: 1st If any substance bas been mixed and packed with 1t so As to reduce or lower or injuriously Affect its quality or strength. 2nd. If any substance has been substituted wholly or in part for the article 8rd. If any valuable constituent of the ar- tice has been wholly or in part ab- stracted. 4th. If 1t be mixed, colored. powdered, coated or stained. in man. ner whereby damaged or inferiority Is concealed. 9th. If 1t contains any added poisonous or other added dele terious ingredient which may render such article injurious to health, pro- vided, that when in preparation of 9ood for shipment. they are preserved by any external application applied in such manner that the preservative Is