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310 HEALTH. [ART. XLIII
terms of weight; measure or numerical count; provided, however, that
reasonable variations shall be permitted and tolerances and also exemp-
tions as to small packages shall be established by rules and regulations
made in accordance with the provisions of Section 173.
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-
cines as are personally dispensed by regularly licensed practicing physi-
cians, dentists and veterinarians in the course of their practice. Physi-
cians conducting drug stores shall be subject to all the laws, rules and
regulations governing pharmacists.
In case of foods:
First. If it be an imitation of or offered for sale under the distinc-
tive name of another article.
Second. If it be labeled or branded so as to deceive or mislead the
purchaser, or purport to be a foreign product when 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 shall have been placed in such
package, or if it fail to bear a statement on the label of the quantity or
proportion of any opium, morphine, diacetyl morphine, heroin, cocaine,
holocaine, alpha or beta eucaine, novocaine, alypin, chloroform, canna-
bis indica, chloral hydrate, acetanilid, antifebrin, acetphenetidin, phe-
nacetine, antipyrin or any derivative or preparation of any such sub-
stance contained therein.
Third. If in package form and the contents are stated in terms of
weight or measure and they are not plainly and correctly stated on the
outside of the package.
Fourth. If the package containing it, or its label, shall 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 deleterious ingredients shall
not be deemed to be adulterated or misbranded in the following cases:
First. In the case of mixtures or compounds which may be now or
from time to time hereafter known as articles of food under their own
distinctive names and not an imitation of or offered for sale under the
distinctive name of another article if the name be accompanied on the
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