1612 ARTICLE 43.

measure or numerical count; provided, however, that reasonable variations
shall be permitted and tolerances and also exemptions as to small packages
shall be established by rules and regulations made in accordance with the
provisions of Section 196.

Fourth. If the package containing it, or its label, shall bear any state-
ment, 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 adul-
terated 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 same label or brand
with a statement of the place where said article has been manufactured or
produced.

Second. In the case of articles labeled, branded or tagged so as to plainly
indicate that they are compounds, imitations or blends, and the word " com-
pound," " imitations " 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 pumose
of coloring and flavoring only.

In case of water:

First. In case of mineral waters labeled " artificial," in conformity with
the provisions of sections 189 to 200, the label bear any design or device
which would lead the consumer to believe that the water is a natural one.

Second. Or if characterized by a geographical name which gives a false
or misleading idea in regard to composition of said water.

As to disinfectants:

If in the case of disinfectants manufactured or sold in this State the
manufacturers, sales agents or dealers fail to show on the labels the carbolic
acid coefficient or relative germicidal strength of such disinfectants as
compared with pure carbolic acid; provided, however, that deodorants and
antiseptics having no germicidal strength must be plainly labeled and sold
as such and such preparations as have no such germicidal strength, shall not
be labeled " disinfectants."

An. Code, sec. 170. 1910, ch. 156, sec. 140E (p. 151).

193. No dealer shall be prosecuted under the provisions of sections 189
to 200 when he can establish a guaranty, signed by the wholesaler, jobber,
manufacturer or other parties residing in this State from whom any article
or articles which may or can come within the provisions of sections 189 to
200 has or have been purchased, to the effect that same is not adulterated or
misbranded within the meaning of sections 189 to 200, designating them.
Any guaranty under the provisions of sections 189 to 200 to afford pro-
tection shall contain the name and address of the party or parties making
the sale of such article to such dealer, and in such case said guarantor or