3. An article shall be deemed to be adulterated within the meaning of this Act—
Officinal drugs may be sold as called for, or as variation is made known to the purchaser. 1884, 289, § 7.
(a.) In the case of drugs,—(1.) If, when sold under or by a name recognised in the United States Pharmacopœia, it differs from the standard of strength, quality, or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale; (2.) If, when sold under or by a name not recognised in the United States Pharmacopœia, but which is found in some other pharmacopœia, or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3.) If its strength or purity falls below the professed standard under which it is sold:
Food, how adulterated. Specifications.
(b.) In the case of food—(1.) If any substance or substances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength; (2.) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3.) If any valuable constituent has been wholly or in part abstracted from it; (4.) If it is an imitation of, or is sold under the name of another article; (5.) If it consists wholly or in part of a diseased, decomposed, putrid, or rotten animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the produce of a diseased animal; (6.) If it is coloured, coated, polished, or powdered, whereby damage is concealed, or if it is made to appear better or of greater value than it really is; (7.) If it contains any added or poisonous ingredient, or any ingredient which may render it injurious to the health of a person consuming it.
Provisions of Act not to apply to labelled compounds or mixtures when not injurious to health.
No prosecution to be made relative to drugs, if standard of same has been raised since the issue of the last edition of the Pharmacopœia until such change has been published. 1884, 289, § 5.
4. The provisions of this Act shall not apply to mixtures or compounds recognised as ordinary articles of food or drinks, provided that the same are not injurious to health, and are distinctly labelled as mixtures or compounds. And no prosecutions shall at any time be maintained under the said Act concerning any drug the standard of strength or purity whereof has been raised since the issue of the last edition of the United States Pharmacopœia, unless and until such change of standard has been published throughout the commonwealth.
State Board shall make investigations and may appoint inspectors, analysts and chemists. 1882, 263, § 5.
5. The State Board of Health, Lunacy, and Charity, shall take cognisance of the interests of the public health relating to the sale of drugs and food and the adulteration of the same, and shall make all necessary investigations and inquiries in reference thereto, and for these purposes may appoint inspectors, analysts, and chemists, who shall be subject to its supervision and removal.
The Board shall make regulations as to collecting and examining of food and drugs, and may expend ten thousand dollars in carrying out the provisions of this Act. 1882, 263, § 5. 1884, 289, § 1.
Three-fifths to be expended in relation to milk and its products. 1884, 289, § 1.