Marvin Mandel, Governor                            845

or distributor other than the person or persons who in fact manu-
factured, processed, packed,, or distributed the drug and which
thereby falsely purports or is represented to be the product of, or to
have been packed or distributed by, the other drug manufacturer,
processor, packer, or distributor.

(f)    The term "device" (except when used in paragraph (d) of
this section and Sections 187B(k), 187(o)(1) and (3), 188C(f),
189B(c), 189B(o) and 190B(c) ) means instruments, apparatus and
contrivances, including their components, parts and accessories, in-
tended (1) for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or (2) to affect the structure or any
function of the body of man FOR MEDICAL, SURGICAL OR
THERAPEUTIC PURPOSES.

(g)    The term "cosmetic" means (1) articles intended to be
rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for cleansing, beauti-
fying, promoting attractiveness, or altering appearance, and (2)
articles intended for use as a component of any such articles, except
that the term shall not include soap.

(h) The term "official compendium" means the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States, official National Formulary, or any supplement to
any of them.

(i) The term "consumer commodity" means any food, drug, de-
vice, or cosmetic as those terms are defined by this subheading or by
the Federal Act. The term does not include:

(1)    any tobacco or tobacco product;

(2)    any commodity subject to packaging or labeling require-
ments imposed under the Federal Insecticide, Fungicide, and Roden-
ticide Act or the provisions of the eighth paragraph under the head-
ing "Bureau of Animal Industry" of the Act of March 4, 1913 (37
Stat. 832-833; 21 U.S.C. 151-157) commonly known as the Virus-
Serum Toxin Act; as the same have been or may be amended from
time to time;

(3)    any drug subject to the provisions of Section 189C(a)(B) or
189B(k) of this subheading, or Section 503(b)(1) or 506 353(B)(1)
OR 356 of the Federal Act, as the same may be amended from time
to time;

(4) any beverage subject to or complying with packaging or label-
ing requirements imposed under the Federal Alcohol Administration
Act (27 U.S.C, et seq.), as the same may be amended from time to
time; or

(5) any seed or other commodity subject to the provisions of
Sections 149 through 159 of Article 48 of this Code, as the same
may be amended from time to time.

(j) The term "label" means a display of written, printed or
graphic matter upon the immediate container of any article; and
a requirement made by or under authority of this subheading that
any word, statement, or other information appear on the label shall
not be considered to be complied with unless the word, statement,
or other information also appears on the outside container or wrap-