ART. 43] ADULTERATION OF FOOD AND DRINK. 1129

In the case of water:

First. If manufactured for sale, produced for sale, exposed for sale
or advertised for sale, as a spring, well or mineral water, or if served
in a public place as a spring, well or mineral water, it be found upon
analysis to differ in composition or constituents from the composition
or constituents of the water taken from the spring, well or other original
source, or alleged original source, from which such water is obtained
or alleged to be obtained, unless the changes therein or additions thereto
be plainly indicated upon the label; provided, that in the case of waters
manufactured to resemble natural mineral waters, such waters must
be labeled in a conspicuous manner "artificial"; and provided further,
that when such waters are sold or served as mineral waters, they must
contain one or more mineral constituents in sufficient quantities to have
a therapeutic effect from these constituents when a reasonable quantity
of the water is consumed.

Second. If when advertised and sold as a pure drinking water,
spring, well or mineral water, it shows contamination.

1910, ch. 156, sec. 140 D (p. 149).

169. 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,
place or country in which it is manufactured or produced; that for
the purpose of sections 166 to 177 an article shall also be deemed to be
misbranded,

In case of drugs:

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

Second. 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.

Third. If it be labeled or branded so as to deceive or mislead the
purchaser, or purports to be a foreign product when not so.

Fourth. If the package fail to bear a statement on the label of the
quantity or proportion of any alcohol, opium, morphine, diacetyl mor-
phine, heroin, cocaine, holocaine, alpha or beta eucaine, novocaine,
alypin, chloroform, cannabis indica, chloral hydrate, codeine, acetanilid,
antifebrin, acetphenetidin, phenacetine, antipyrin, or any derivative
or preparation of any of such substances contained therein; provided,
that nothing in this paragraph shall be construed to apply to the dis-
pensing of prescriptions of regularly licensed physicians, veterinarians
and dentists, intended for immediate or temporary use, and kept on
file by the dispensing pharmacists; and provided further, that nothing
in this paragraph shall be construed to apply to such drugs or medi-