Page:United States Statutes at Large Volume 34 Part 1.djvu/801

 FIFTY-NINTH CONGRESS. Sess. I. Ch. 3915. 1906. 77]. Third. If in package form, and the contents are stated in terms of mf,{]§3{;°°”W°ig”° °' weight or measure, they are not plainly and correctly stated on the ` outside of the packs e. Fourth. I f the pacdcage containing it or its label shall bear any state- ¤£¤¤1¤¤¤i¤2 incrediment, design, or evice regarding the ingredients or the substances an °' contained therein, which statement, desiign, or device shall be false or misleading in any particular: Promf ed, That an article of food Prrwiw. which does not contain any added poisonous or deleterious ingredients Ex°°pu°"S' shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or pompcunds under from time to time hereafter known as articles of food, under their d"°l"°m° ”'"”°°‘ i own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged so as to H**¤>mpo¤nd."¤w. ' plainly indicate that they are compounds, imitations, or blends, and Pkwy mm the word "compound,” ‘ imitation, ’ or “blend," as the case may be, is plainly stated on the package in which it is offered for sale: Provided, zmmm. That the term blend as used herein shall be construed to mean a mix- “°°°l°g°im°"d' ture of like substances, not excluding harmless coloring or ilavoring ingredients used for the purpose of coloring and ilavoring only: And provided further, That nothing in this Act s all be construed as requir- T'°"° ‘°"““‘°·‘~ mg or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbrandin. » Sec. 9. That no dealer shall be prosecuted under the provisions of "°'”“‘“· this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such artic es, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name comsnu. and address of the party or parties making the sale of such articles to such dealer, and in suc case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act. Sec. 10. That any article of food, drug, or liquor that is adulterated Sym? igftnggigggg or misbranded within the meaning of this Act, and is being transported fiii: agilbreign tomfrom one State, Territory, District, or insular possession to another “‘°‘°°· for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be`liable to be proceeded inst in any district court of the United States within the district mrc the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being deILl:,¤•·l· if <¤>¤- adulterated or mishranded, or of a poisonous or deleterious character, ` within the meaning of this Act, the same shall be disposed of tay destruction or sale, as the said court may direct, and thedprocee s thereof, if sold, less the legal costs and charges shall be pai into the Treasury of the United States, but such goo s shall not be sold in any jurisdiction contrary to the provisions 0 this Act or the laws of that pirisdiotion: P1·0v£d#d, however, That Hp0H the payment of the costs  wc wu of such libel proceedin s and the execution and delivery of a good and not wb2in1d,::?. sufficient bond to the edect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the court may by grder direct that such articles lk dBi1V6m to the owner thereof. The Proceedings.