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harmful to health, or any vinous, malt, or spirituous liquor, or compound or narcotic drug.

In the case of food:

I. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any substance has been substituted wholly or in part for the article.

3. If any valuable constituent of the article has been wholly or in part abstracted.

4. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

5. If it contain any added poisonous or other harmful ingredient which might render such article injurious to health; provided that where substances are added to the preparation which can readily be removed by external mechanical means, and the directions for removal are printed plainly on the covering or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.

6. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

The term "misbranded" 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, 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 manufactured or produced.

'An article shall also be deemed misbranded in the case of drugs:

1. If it be an imitation of, or offered for sale under the name of, another article.

2. If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall

have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.

In the case of food:

I. If it be an imitation of, or offered for sale under the distinctive name of, another article.

2. If it be labeled or branded so as to deceive the purchaser, or purport to be a foreign product when it is not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents put in the package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.

3. If in package form where the contents are stated in weight or measure, and not plainly and correctly stated on the outside of the package.

4. If the package containing a substance, or its label, should bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular; Provided, that an article of food which does not contain any added poisonous or harmful ingredients shall not be deemed to be adulterated or misbranded in the following cases:

a. In the case of mixtures or compounds which may now or hereafter be known as articles of food, under their own distinctive names, and which are 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.

b. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and 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, that the term "blend" as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; And further, that nothing in this act shall be construed as requiring 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 misbranding.

C. A guaranty obtained by a dealer from the wholesaler, jobber, or manufacturer, that the articles which he purchases from them are not adulterated or misbranded within the meaning of this act, shall protect the party making the sale of such articles from any fine or penalty.

Any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this act, and is being transported from one State, Territory, district, or peninsular possession, to another for sale, or having been transported remains unloaded or unsold, or if it be offered for sale, or if it be imported from a foreign country for sale, or intended for exportation to a foreign country, is liable to be seized and confiscated, and may be destroyed or disposed of, and the proceeds, less the costs, paid into the treasury of the United States. But the owner may prevent such confiscation or sale by a good and sufficient bond that such articles are not to be sold or otherwise disposed of contrary to the provisions of this act.

The Secretary of the Treasury shall deliver to the Secretary of the Board of Agriculture, from time to time, samples of foods and drugs which are being imported in the United States for sale, or offered for exportation; and if found adulterated or misbranded within the meaning of this act, or dangerous to health, may refuse admission; but pending the decision on this matter, the goods may be delivered to the owner on the deposit of a good and sufficient security.

It is provided that the act or omission of an agent, if within the scope of his authority, shall be deemed the act of the person or corporation whom he represents.

This act took effect the 1st day of January, 1907.

GLOSSARY

OF

LAW TERMS IN COMMON USE

A.

ABANDONMENT. A surrender of rights to property, or of property, by one person to another. Used in marine insurance, when the insured, having been paid as for a total loss, abandons what is left or saved of the property to the insurers.

ABATE. Literally, to throw down. Applied principally to nuisances, and then means their prostration or removal.

ABET. One abets another to commit a crime, by encouraging, commanding, procuring, or counselling him thereto.

ABDUCTION. Forcibly taking away or detaining a man's wife or child. ABSCOND. To go out of the jurisdiction of the courts, or conceal one's self, for the purpose of avoiding their process.

ACCEPTANCE. The reception of something offered by another with the purpose of retaining it; or of an order given by another. See chapters on AGREEMENTS, SALES, and NOTES AND BILLS.

ACCESSION. The right by which one holds all of one's own property together with all of that which has become united to it, naturally or artificially.

ACCESSORY. In criminal law, means one who is concerned in the perpetration of an offence, before the fact, by procuring, counselling, or commanding another to commit it; or, after the fact, one who, knowing the crime to have been committed, relieves, comforts, or assists the criminal.

ACCRETION. The increase of real estate by portions of soil that are added to it through the operation of natural and gradual causes.

ACCRUE. To grow from, or to be added to, as interest accrues on the principal.

ACKNOWLEDGMENT. The act of declaring an act or deed to be his by one who executed the same. There are various ways of making an acknowledgment. See chapter on DEEDS CONVEYING LAND, and forms annexed thereto.

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