Page:United States Statutes at Large Volume 34 Part 1.djvu/799

 FIFTY~NINTH CONGRESS. Sess. I. Ch. 3915. 1906. 769 rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and S°°*’°· drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any forei n country, or intended for shipment to any foreign country, or which may be submitted for examination by the chie health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. Sec. 4. That the examinations of specimens of foods and drugs shall mf};¤¤¤¢=·i *¤¤¤¤¤¤·- be made in the Bureau of Chemistry of the Department of Agricul— ` ture, or under the direction and supervision of such Bureau, for the• purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if N°“°¤ 0* ****1**- it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be H°¤*¤8¤ _ given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the pro- tig:;l:g€'i;irgt:l2g& visions of this Act have been violated by such party, then the Secre- ney. r` tary of Agriculture shall at once certify the facts to the prolper United States district attorney, with a copy of the results of the ana ysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of suc officer. After judg- _ ment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regu ations aforesaid. Sec. 5. 1`hat it shall be the duty of each district attorne to whom I#s¤1r~<>¢•=¤i¤z¤. the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or druglofficer or agent of any State, Territorv, or the District of Columbia s all present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein rovided. P Size. 6. That the term "drug," as used in this Act, shall include all ZF*j§,"g;lS““°"· medicines and preparations recognized in the United States Pharma~ copceia or National Formulary for internal or external usc, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. U The term ‘“fo0d,” as used herein, shall include all articles used for F°°d·” ' feed, drink, confectionery, or condilment by man or other animals, hether sim le, mixed or compoun. W Snr;. 7. Tliht flor the lpurposes of this Act an article shall be deemed m;’;g}¤*¤¢*¤°*°¤¤ de to be adultcrate : ln case of dru s: DWR5- First. If, wheh a drug is sold under or by a name recognized in the °g‘,{;§gg§¤,g•;,f,';’,$,'&*¤- United States Pharmacopceia or National hormulary, it differs from the standard of strength, quality, or purity,_as determined by the test laid down in the United States Pl131'H19.C0p<B1a 0I' National Formulary _ official at the time of lIlV€Stlg8lC·lOHZ Provided, That no drug defined mh in the United States Pharmacopmia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be pllainly stated upon the bottle, box, or other container thereof althoug the standard may differ from that determined by the test laid down in the United States Pharmacopcma or National Formulary. vo:. xxxrv, rr 1--49