CHAPTER THIRTEEN.

ANALYSIS OF FOOD AND DRUGS IN THE DISTRICT OF

COLUMBIA.

Sec.

Sec.

1. Adulterating foods or drugs in the 11. Analysis to be under control of District of Columbia; penalty. Commissioner of Internal Reve

2. Adulteration and sale of drugs.

3. Sale by innocent parties.

4. Food and drugs to be of nature

and quality demanded by pur-
chaser.

Health officer to submit articles
for analysis.

5. Sale of compounds to be as de- 13. Refusal to sell to health officer;

ously.

7. Burden of proof.

8. Purchase of articles with written

manded by purchaser.

penalty.

6. Altering articles of food injuri- 14. Definitions of words "food" and

warranty.

9. Forging warranty.

10. Applying false warranty or label to article.

12.

Adulterating

foods or drugs, turing food of

and

unclean substances, in District of Columbia.

nue.

Purchaser may have article analyzed.

An act to prevent the manufacture or sale of adulterated food or drugs in the District of Columbia, approved October 12, 1888. SEC. 1. That no person within the District of Columbia shall mix, color, stain, or powder, or order or permit any other person to mix, color, stain, or powder, any article of food or drugs with any ingredient or material so as to render the article injurious to health, or manufacture any article of food which shall be composed in whole or in part of diseased, decomposed, offensive, or unclean animal or vegetable substance, with the intent that the same may be sold in the said District, and no person shall sell in the District of Columbia any such

article so mixed, colored, stained, powdered, or manufactured. Any person violating this section Penalty. shall be guilty of a misdemeanor, and for each offense 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.

SEC. 2. That no person shall, within the District of Columbia, except for the purpose of compounding as hereinafter described, mix, color, stain, or powder, or order or permit any other person to mix, color, stain, or powder, any drug with any ingredient or material so as to affect injuriously the quality or potency of such drug, with intent that the same may be sold in the said District of Columbia, and no person shall sell any such drug so mixed, colored, stained, or powdered, under the same penalty in each case respectively as in the preceding section for a first and subsequent offense.

Sale by inno

SEC. 3. That no person shall be liable to be convicted under either of the two last foregoing sections of this act in respect of the sale of cent parties. 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.

SEC. 4. That no person shall sell in the District of Columbia any article of food or drug which is Food and drugs not of the nature, substance, and quality of and quality dethe article demanded by any purchaser; and purchaser.

to be of nature

Adulteration

and sale of

drugs affecting potency or

quality pro

hibited.

Penalty.

any person violating this section shall be guilty of a misdemeanor, and for the first offense be fined not exceeding fifty dollars, and for each subsequent offense not exceeding one hundred dollars, or imprisonment not exceeding six months, or both, in the discretion of the court: Provided, That an offense shall not be deemed to be committed under this section in the following cases, that is to say:

Where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the produc

First.

No offense where non-in

jurious necessary ingredi

ents are used. tion or preparation thereof as an article of commerce, in a state fit 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.

Second. Where the drug or food is a proprietary medicine.

Third. Where the food or drug is compounded as authorized by this act.

Fourth. Where the food or drug is unavoidably Where un- mixed with some extraneous matter in the process of collection or preparation.

avoidably

mixed.

SEC. 5. That no person shall sell in the District of Columbia any compound article of food or

Proprietary medicine.

Where authorized compound.

Sale of com

pounds to be compounded drug which is not composed of

as demanded

by purchaser.

ingredients in accordance with the demand of the purchaser. Any person violating this section shall be guilty of a misdemeanor and fined not exceeding fifty dollars: Provided, That no person shall 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

Penalty.

constitute an offense.

bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or When not to drug he shall supply to the person receiving the same a notice, by a label, distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.

SEC. 6. That no person shall, in the District of Columbia, with the intent that the same may Altering artibe sold in its altered state without notice, injuriously. subtract from any article of food any part of it so as to affect injuriously its quality, substance, or nature, and no person shall sell any article so altered without making disclosure of the alteration, and any person violating the provisions of this section shall be guilty of a misdemeanor and fined not exceeding one hundred dollars.

Purchase of

SEC. 7. That in any prosecution under this act, where the fact of an article having been sold Burden in a mixed state has been proved, if the de- of prof. fendant shall desire to rely upon proviso contained in this act, it shall be incumbent upon him to prove the same. SEC. 8. That if the defendant in any prosecution under this act prove to the satisfaction of the court that he had purchased the article in articles with question as the same in nature, substance, and quality as that demanded of him by the purchaser, and with a written warranty to that effect; that he had no reason to believe at the time when he sold it that the article was otherwise; and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.

written warranty.

SEC. 9. That any person who shall forge, or shall alter knowing it to be forged, any certificate Forging or any writing purporting to contain a war

warranty.

ranty, as provided in section eight of this act, shall be guilty of a misdemeanor, and be punishable, on conviction, by imprisonment for a term not exceeding one year with hard labor.

Applying false

to ar

ticle.

SEC. 10. That every person who shall willfully apply to any article of food or a drug a cerwarranty or la tificate or warranty given in relation to any other article or drug, or who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, or who shall willfully give a label with any articles sold by him which shall falsely describe the article sold, shall be guilty of a misdemeanor, and on conviction be fined not to exceed one hundred dollars.

under control of Commissioner of Internal Revenue.

SEC. 11. That the analysis provided for in this act Analysis to be shall be under the control of the Commissioner of Internal Revenue, under such rules and regulations as may be prescribed by the Secretary of the Treasury.

have article

SEC. 12. That any purchaser of an article of food Purchaser may or of a drug in the said District shall be enanalyzed. titled to have such article analyzed by such analyst, and to receive from him a certificate of the result of his analysis, and any health officer, inspector of nuisances, or any food inspector may procure any sample of food or drug, and if he suspects the same to have been sold to him contrary to any provision of this act he shall submit the same to the Commissioner of Internal Revenue to be analyzed, who shall with all convenient speed cause such analysis to be made, and give a certificate to such officer wherein he shall specify the result of the analysis.

SEC. 13. That if any officer mentioned in section

Health officer to submit articles for analysis.