The Birmingham age-herald., 1909-09-16


 unfit for food, whether manufactured or not, or if 1t is the product of a dis eased animal CT one thlt has died oth erwise than by slaughter.
 0. That the term 'misbra nded" as used herein, shall apply to all drugs. or articles of food, or articles which enter into the composition of food, the package or label of which bear any statement, design or device regarding such articles, or the ingredients or sub stances contained therein, which shall be false or misleading In 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. That for the purpose of this act an article shall also be deemed misbranded. In case of drugs. 1st. If 1t be an imitation of or offered for sale un- der the name of another article. End. 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 package, or If the package fails to bear true statement on the label or fails to show in conspicuous letters true statement as is or may be prescribed by the United States law or rules and regulations of the quantity and proportion of any alcohol, spirituous, vim ous or malt llquor, morphine, opium CO., caine, heroin. alpha, or beta, eucaine, chloroform, canabis indica, Achoral hy- drate, antipyrlne, or acetanflid or any derivative or preparation of any such substances contained therein; provided that nothing in this paragraph shall be construed to apply to such preparations as are specified aGd recognized by tho United States Pharmacopea or National Fornulary or to prescriptions of licensed practitioners of medicine or dental sur gery and veterinary surgeons in course Of their personal practice. In case of foods; 1st. If it be an imitation of or offered for sale under the distinctive name of another article; 2nd 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 previously established 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 package, or if it fails to bear a true statement on the label in conspicuous letters of the quantity or proportion of any alcohol. morphine, malt. malt extract, opium cocaine, heroin, all pha or beta. encane. chloroform, canna- bis indica, chloral hydrate, antipyrine or acetanlid or any derivative or prep aration of any such substances contained therein. Sd. 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 It, or its label shall bear any statement, design, or de- vice regarding the ingredients or sub stance contained therein, which state ment, design or device shall be false or misleading in any particular; provided that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded In the follow ing 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 TOT sale under the distinctive names of an- other article, if the name be accompanied on the same label or brand with a state- ment of the place where the said article has been manufactured or produced. But in case of baking powders every can or other package shall be labelled so 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, labeled, branded or tagged, so as to plain- ly indicate that they are compounds, iml- tations or blends, and the words com pound limitations. or blend. as the case may be, Is plainly stated In larger let ters 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 sub stances, not excluding harmless colorins or flavoring ingredients used for the pur- pose of coAoring or favoring only; and provided further that the label bear a true statement of the names of the in gredients entering into or going to make 21&A a11 Nff fnr n1 tVa Alabama, as limitations, compounds, or blends, and provided, that this act shall not apply to stocks of drugs and medi- cines on hand in this State until the first day of January. 1e10. with exception set forth in Section F of this act.
 6. That no dealer shall be prosecuted under the provision of this act when he can establish a guarantee signed by the wholesale jobber manufacturer. or other party from whom he purchased such ar ticle, to the effect that the same is not or misbranded within the meaning of this act, designating 1t. Said guarantee. to afford protection, shall con- tain the name and address of the party or parties making the sale of such arti- cles to such dealer, and in such cases the said party or parties shall be amen able to the prosecution, fines and other penalties which would attach, in due course to the dealer under the provisions of this act.
 '. That any article of food, drug or liquor that is adulterated or misbranded within the meaning of this act shall be lia ble to be proceeded against in any court of the State of Alabama, where pracd- cable within the county where the same Is found, and seized for cenfiscation by process of libel or condemnation. And if such article is condemned as being adul- terated or misbranded or of poisonous or deleterious character within the mean Ing of this act, the same shall be dis posed of by destruction or sale, as the trial court may determine and direct. and the proceeds thereof, If sold, less the le- gal cost and charges, shall be paid into but such goods shall not be sold in any In this State contrary to the provisions of this act or the National Pure Food Law.
 s 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 corpora ton, companies, societies and association. When construing and enforcing the pro- visions of this act the act or omission or failure of any officer, agent or other person acting for or employed by the cor poration. company, society or association within the scope of his employment or office, shall in every case be also deemed to be the act. omission or failure of such company or association, as we'll as that of the person
 g. That the commissioner or agricul- ture and industries assisted by the state chemist and the municipal or county in- ,pectors for the several counties of the state, when such are appointed or elect ed. and all police officers and sheriffs of he state. are hereby charged with the duties of inspection and analysis required