Page:United States Statutes at Large Volume 25.djvu/596

 550 FIFTIETH CONGRESS. Sess. I. Ch. 1090. 1888. be fined not exceeding two hundred dollars for the first offense, and for each subsequent offense not exceeding three hundred dollars, or imprisonment not exceeding one year, or both, in the discretion of the court. Adulreratiou ¤f Sec. 2. That no person shall, within the District of Columbia, ex— °'“‘“‘ ce t for the purpose of compounding as hereinafter described, mix, colbr, stain, or powder, or order or permit any other person to mix, color, stain, or powder, any drugl with any ingredient or material so as to effect injuriously the qua ity or potenqy of such drug, with ‘ intent that the same may be sold in the said istrict of Columbia, and no person shall sell any such drug so mixed, colored, stained, or remmy. powdered under the same penalty in each case respectively as in the preceding section for a nrst and subseguent offense. Sale by innwem Sec. 3, That no person shall be liab e to be convicted under either p°m°s' of the two last foregoing sections of this act in resqect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the court before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, colored, stained, or powdered, as in either of those sections mentioned, and that he could not, with reasonable diligence, have obtained that knowledge. Articles of f¢><>•t <>¤· Sec. 4. That no rson shall sell in the District of Columbia any gg? t3 article of food or ding which is not of the nature, substance, and Pmmm quality of the article demanded by any purchaser, and any person violating this section shall be ilty of a misdemeanor, and for the P°¤¤‘°Y· first offense be nned not exceediliig fifty dollars, and for each subsequent offense not exceeding one undred dollars, or imprisonment . not exceeding six months, or both, in the. discretion of the court : P~v¤1•¤- Provided, That an offense shall not be deemed to be committed under _ _ this section in the following cases, that is to say : mYg”*’¤“"° •""· First. Where anfy matter or ingredient not injurious to health has Norymjuricusucces- been added to the ood or drug because the same is required for the ”""""’°‘°"°‘ production or preparation thereof as an article of commerce, in a state at for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof. _Pr¤pne¤¤·y medi Second. Where the drug or food is a proprietar medicine. clifhznorszea com. Third. Where the food or drug is compounded as authorized by P°“¤dS· this act. tggséreideble ¤d¤i¤· Fourth. Where the food or drug is unavoidably mixed with some ` extraneous matter in the process of collection or pre aration. Sm Of ¤¤¤¤r>¤¤¤¤· Sec. 5. That no person shall sell in the District cl) Columbia any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser. rsmmy. An · erson violating this section shall be (guilt T of a misdemeanor puma. anal iiiied not exceeding fifty dollars: Prmwi ed, That no person shall N°“°°‘ be guilty of any such offense as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended. fraudulently, to increase its bulk., weight. or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall sup l to the person receiving the same a notice, by a label, distinctly and lt `bly written or priqtied on or with the article or drug, to the effect that the same 1S mix. mandarin; umn ct Sec. 6. That no person shall, in the District of Columbia, with the subtract from any article of food any part of it so as to aH’ect injuriously its quality, substance, or nature, and no rson shall sell any article so altered without making disclosure ofpthe alteration, and any person violating the provisions of this section shall be guilty of mint;. a misdemeanor and lined not exceeding one hundred dollars. nemmnz m prove Src. 7. That in any prosecution under this act, where the fact of °“‘°""‘°“ an article having been sold m a mixed state has been proved, if the
 * "’""°"’°" intent that the same may be sold in its altered state without notice,