HEALTH. 527

to time determine to be communicable by means of sputum, saliva or other
bodily secretion or excretion.

Adulteration of Food and Drink.

179. Repealed by ch. 360 of the Acts of 1929.

188. Repealed by ch. 360 of the Acts of 1929.

An Code, 1924, sec. 192. 1912, sec. 169. 1910, ch. 156, sec. 140D (p. 149).
1916. ch. 667. 1935, ch. 173.

192. 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 regard-
ing 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 coun-
try in which it is manufactured or produced; that for the purpose of
Sections 189 to 200, an article shall also be deemed to be misbranded.

In the case of drugs:

First. If it be an imitation of or offered for sale under the name¹ 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 pur-
chaser, or purports to be a foreign product when not so.

Third A. If its package or label shall bear or contain any statement,
design or device regarding the curative or therapeutic effect of such article
or any of the ingredients or substances contained therein, which is false
or misleading in any particular. Any representation concerning the cura-
tive or therapeutic effect of any drug shall be deemed false if such repre-
sentation is not supported by substantial medical opinion or demon-
strable scientific facts.

Fourth. If the package fails 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, novacaine, alypin,
chloroform, cannabis indica, chloral hydrate, codeine, acetanilid, anti-
febrin, acetphenetidin, phenacetine, antipyrin, or any derivative or prepa-
ration of any such substances contained therein; provided, that nothing
in this paragraph shall be construed to apply to the dispensing of pre-
scriptions of regularly licensed physicians, veterinarians and dentists,
intended for immediate or temporary use, and kept on file by the dis-
pensing pharmacists; and provided further, that nothing in this para-
graph shall be construed to apply to such drugs or medicines as are per-
sonally dispensed by regularly licensed practicing physicians, dentists and
veterinarians in the course of their practice. Physicians conducting drug