ART. 43] ADULTERATION OF FOOD AND DRINK. 1127

1910, ch. 150, sec. 140 A (p. 147).

166. It shall be unlawful for any person, persons, firm or corporation
within this State to manufacture for sale, produce for sale, expose for sale
or sell any article of food, water, drug or disinfectant which is adulter-
ated, misbranded or insufficiently labeled within the meaning of sections
166 to 177, and any person or persons, firm or corporation who or which
shall manufacture for sale, produce for sale, expose for sale or sell any
article of food, water, drug or disinfectant which is adulterated, mis-
branded or insufficiently labeled within the meaning of sections 166 to
177, shall be guilty of a misdemaenor, and, upon conviction thereof,
shall be fined not to exceed five hundred dollars, or shall be sentenced
to no more than one year's imprisonment, or both such fine and impris-
onment, in the discretion of the court; provided, that no article shall be
deemed misbranded or adulterated within the provisions of sections 166
to 177 when intended for export to any foreign country and prepared
or packed according to the specifications or directions of the foreign
purchaser, when no substance is used in the preparation or packing
thereof in conflict with the laws of the foreign country to which said
article is intended to be shipped; but if said article shall be in fact sold
or offered for sale for domestic use or consumption, then this proviso
shall not exempt said article from the operation of any of the provisions
of sections 166 to 177.

As to "feeding stuffs," see art. 48, sec. 80, et seq.

1910, ch. 156, sec. 140 B (p. 147).

167. For the purpose of sections 166 to 177 the term "drug"
shall include all medicines and preparations recognized in the United
States Pharmacopoeia or national formulary for internal or external use,
and any substance or mixture of substances intended to be used for the
cure, mitigation or prevention of disease of either man or animal. The
term "food" as used herein shall include all articles used for food,
drink, confectionery or condiment by man or animals, whether simple,
mixed or compound.

1910, ch. 156, sec. 140 c (p. 147).

168. For the purpose of sections 166 to 177 an article shall be
deemed 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 or
tests laid down in the United States Pharmacopceia or national formu-
lary; provided, that no drug defined in the United States Pharmacopoeia
or national formulary, except preparations of opium, shall be deemed
to be adulterated under this provision if the standard of strength, qual-
ity or purity be plainly stated upon the bottle, box or other container
thereof, although the standard may differ from that determined by the
test or tests laid down in the United States Pharmacopoeia or national
formulary.