Drug legislation in the United States : Rev. to July 15, 1908 / by Lyman F. Kebler.

  • Kebler, Lyman F. (Lyman Frederic), 1863-
Date:
1909
Catalogue details

Licence: Public Domain Mark

Credit: Drug legislation in the United States : Rev. to July 15, 1908 / by Lyman F. Kebler. Source: Wellcome Collection.

Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.

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    branded 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 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 provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analy- sis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judg- ment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Sec. 5. Prosecution. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such viola- tion, 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 provided. Sec. 6. Drug defined. That the term drug, as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mix- ture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. Sec. 7. Adulteration defined. That for the purposes of this Act an article shall be deemed to be adulterated: In case of drugs: First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official' at the time of investiga- tion : Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold. Sec. 8. Misbranding defined; label must indicate amount of certain drugs. That the term '* misbranded, 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 shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufac- tured or produced. That for the purposes of this Act an article shall also be deemed to be misf> branded: < In case of drugs: First. If it be an imitation of or offered for sale under the name of anothe article. Second. If the contents of the i)ackage as originally put up shall have been removed, in whole or in i-irt, and other contents shall have been placed in such Ijackage, or if the package fail to bear a statement on the label of the quantity