Page:United States Statutes at Large Volume 52.djvu/1083

 PUBLIC LAWS-CH. 675-JUNE 25, 1938 34 Stat. 768. 21U. S. C. §1-15; Supp. III, § 14a. Chapter mi-Pro. hibited acts and pen- alties. Prohibited acts. Post, pp. 1048, 1052. Post, p. 1057. Post, p. 1057. Post, p. 1043. Post, pp. 1048, 1049, 1052, 1065. Post, pp. 1048, 1052, 1057. for use under the conditions prescribed, recommended, or sug- gested in the labeling thereof, except that such a drug not so recognized shall not be deemed to be a "new drug" if at any time prior to the enactment of this Act it was subject to the Food and Drugs Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the con- ditions of its use; or (2) Any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. CHAPTER III-PROHIBITED ACTS AND PENALTIES PROHIBITED ACTS SEC. 301. The following acts and the causing thereof are hereby prohibited: (a) The introduction or delivery for introduction into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded. (b) The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce. (c) The receipt in interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (d) The introduction or delivery for introduction into interstate commerce of any article in violation of section 404 or 505. (e) The refusal to permit access to or copying of any record as required by section 703. (f) The refusal to permit entry or inspection as authorized by sec- tion 704. (g) The manufacture within any Territory of any food, drug, device, or cosmetic that is adulterated or misbranded. (h) The giving of a guaranty or undertaking referred to in section 303 (c) (2), which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person resid- ing in the United States from whom he received in good faith the food, drug, device, or cosmetic; or the giving of a guaranty or under- taking referred to in section 303 (c) (3), which guaranty or under- taking is false. (i) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promul- gated under the provisions of section 404, 406 (b), 504, or 604. (j) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or employees of the Department, or to the courts when relevant in any judicial proceeding under this Act, any information acquired under authority of section 404, 505, or 704 concerning any method or process which as a trade secret is entitled to protection. (k) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such article is held for sale after shipment in interstate commerce and results in such article being misbranded. 1042 [52 STAT.

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