The Montgomery advertiser., 1909-09-16
GENERAL LAWS
Enacted by The Legislature o1
 Alabama.

shall be false or misleading fin any
 particular, or to any food or drug product which is falsely branded. as to the state. territory, or country in which 1t Is manufactured or produced.
 mat TOT the purpose of this act an article shall also be deemed misbrand- ed. In case of drugs. 1st. If 1t be an imitation of or offered for sale un- der the name of another article. 2nd. IT the contents of the package as orig inally put up shall have been remov- ed. in whole or in part, and other contents shall have been placed in such package. or if the package fails 10 Dear true statement on the label or 1ail 10 show in conspicuous letters true statement as Is or may be pre- scribed by the United States law or rules and regulations of the quantity and proportion of any alcohol, spirit uous. vfnous or malt liquor, morphine. opium. cocaine. heroin. alpha, or beta, eucaine, chloroform, canabis indica, chloral hydrate, antipyrine, or acetani- lid. or any derivative or preparation of any such substances contained therein; provided that nothing in this para
 graph shall be construed to apply to such preparations as are specified and recognised by the United States Phar- macopeia or National Formulary or to prescriptions of licensed practitioners of medicine or dental surgery and vet erinary surgeons in course of their personal practice. In case of foods:
 lst. If 1t be an imitation of or of- fered for sale under the distinctive name of another article: End. If 1t be labeled or branded so as to deceive or mislead the purchaser. or purports to be foreign product when not so. or Is an imitation in package or label Of another substance Of a previously es- abolished name. or which has been trade marked or patented. or If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such pack age. or if 1t fails to bear true state- ment on the label in conspicuous let ters of the quantity Or proportion of any alcohol, morphine. malt, malt ex- tract, opium, cocaine heroin, alpha or beta encaine, chloroform, cannabis in- dica chloral hydrate antipyrine or or any derivative or prep aration of any such substances con- tained therein. 3rd. If in package form and the contents are stated. in terms Of weight or measure, they are not plainly or correctly stated on the outside of the package. 4th. If the package containing 1t, or its label shall bear any statement, design. or device regarding the ingredients or sub stance contained therein, which state ment design or device shall be false or misleading in any particular; pro- vfded that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbrand- ed in the following cases: 1st. In the case of mixtures or compounds which may be now, or from time to time, hereafter known as articles of food under their own distinctive names and not an Imitation of or offered for sale under the distinctive name of an- other article, if the name be accom- panied on the same label or brand with D statement of the place where the said article has been manufactured or produced. But in case of baking DOW ders every can or other package shall be labelled 50 as to show clearly and exactly what acid salt and what amount has been used in making the same. 2nd. In the case of articles. la- beled, branded Or tagged, /so as to pounds. limitations, or blends, and the words compound. limitations, or blend. as the case may be, is plainly stated in larger letters than other printing on the package in which 1t is offered for sale. provided, that the term blend" as used therein shall be construed to mean a mixture of like substances not excluding harmless coloring or flavor Ing ingredients used for the purpose of or navoring only; and pro- vided further that the label bear a true statement of the names of the in- gredients entering into or going to make up the food sold or offered for sale in Alabama, as limitations, com pounds, or blends. and provided. that this act shall not apply to stocks of drugs and medicines on hand in this State until the first day of January. 1910, with exception set forth in Sec ton II of this aet
 6. That no dealer shall be prose-
 cuted under the provision of this act
 when he can establish guarantee
 signed by the wholesale jobber, manu-
 he. purchased such article. to the eff.
 feet that the same Is not adulterated
 or misbranded within the meaning of
 this act. designating it. Said guaran-
 tee. to afford protection. shall contain
 the name and address of the party or
 ticles to such dealer. and in such cases,
 the said party or parties shall be amenable to the prosecution, fines,
 and other penalties which would at
 tach, in due course. to the dealer under
 the provisions of this act.
 T. This any article of food. drug or
 liquor. that Is adulterated or misbrand-
 ed within the meaning of this act
 shall be liable to be proceeded against
 where practicable within the county where the same is found and seized for
 confiscation by a process of libel or
 condemnation. And If such article Is condemned as being adulterated or
 misbranded or of poisonous or dele.
 terious character. within the meaning of this act. the same shall be disposed of by destruction or sale. as the trial court may determine and direct and the proceeds thereof, If sold. less the legal cost and charges. shall be paid into the treasury of the State of Ala bama but such goods shall not be sold in any Jurisdiction In this State con- trary to the provisions of this act or the National Pure Food Law.
 8. That the words "person or party" as used in this act shall be construed to import the plural and the singular. as the case demands, and shall include corporation. companies, and association. When con struing and enforcing the provisions of this act, the act or omission or failure of any officer, agent or other person acting for or employed by the company, society or as- sociation within the scope of his em- ployment or office, shall In every case be also deemed to be the act. omission pr failure of such corporation. com pany. or association, as well as that of the person.
 g. That the commissioner of agri- culture and industries assisted by the state chemist and the municipal or inspectors for the several of the state. when such arc appointed or elected, and all police of flcers and sherlffs of the state. are hereby charged with the duties of h.