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SEC. 3. An article shall be deemed to be adulterated Articles within the meaning of this act:

First, If, when it is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the principal label of the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary;

Second, If its strength or purity fall below the professed standard or quality under which it is sold.

deemed adulterated.

SEC. 4. An article shall be deemed to be misbranded Articles within the meaning of the act:

First, It [If] it is an imitation of, or offered for sale under the name 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, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, antipyrin, opium, morphine. codeine, heroin, cocaine, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances, contained therein: Provided, That nothing herein shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons and dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Phar macopoeia and National Formulary, and which are sold under the name by which they are so recognized;

Third, 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, and to any drug or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced.

deemed misbranded.

Proviso.

regulations,

SEC. 5. The president of the board of pharmacy, the pres- Rules and ident of the State Board of Health and the Dairy and Food who to make. Commissioner shall jointly make such rules and regulations. as may be necessary for the enforcement of this act.

missioner,

SEC. 6. It shall be the duty of the Dairy and Food Com- Dairy and missioner to investigate all complaints of violations of this food comact and take all steps necessary to its enforcement; and to duty of. this end he shall appoint two drug inspectors who shall be

Power of entry.

Inspector to mark and seal sample.

registered pharmacists, and one competent analyst; which inspectors and analyst shall hold office at the pleasure of Term of office. said commissioner, and until others are appointed; and the Inquiry into said Dairy and Food Commissioner or his deputy and the drug products. said drug inspectors or any of them shall in a lawful manner inquire into the drug products which are manufactured or sold or exposed or offered for sale in this State, and may in a lawful manner procure samples of the same for analysis; and the said Dairy and Food Commissioner, his deputy, or said drug inspectors or any of them, shall have power to enter into any factory, store, salesroom, drug store or laboratory or place where he has reason to believe drug products are made, stored, sold or offered for sale, and open any cask, jar, bottle or package containing, or supposed to contain any drug product, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall, in the presence of said witness mark or seal such sample and shall tender at the time of taking to the manufacturer or vendor of such product, or to the person having the custody of the same, the value thereof, and a statement in writing for the taking of such sample. The said Dairy and Food Commissioner shall direct said analyst to make due and careful examination of such sample and report to him the result of such analysis, and if the same is found to be adulterated or misbranded within the provisions of this act it shall be the duty of said commissioner, his deputy, or any drug inspector assigned to such duty to make complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof to obtain a conviction of the offense charged, and in no case shall the Dairy and Food Commissioner or drug inspector making such complaint be required to furnish security for costs in any action instituted by him having for its object the enforcement of this act: Provided. Nothing herein contained shall be held to prohibit or prevent other inspectors or chemists connected with the office of the Dairy and Food Commissioner from performing any of the duties herein imposed upon the said drug inspectors and analyst, whenever in the opinion of said Dairy and Food Commissioner the work of his office can be expedited thereby.

Analysis.

Complaint.

Security for costs.

Proviso, other

inspectors or chemists.

Certain acts

or omissions,

SEC. 7. In construing and enforcing the provisions of this how deemed. act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall, in every case, be also deemed to be the act, omission or failure of such corporation, company, society or association, as well as that of the person : Provided, That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty in accordance with the

Proviso,
guaranty

under national
food and
drugs act.

contain.

provisions of the national food and drugs act, June thirtieth, nineteen hundred six, or a guaranty signed by the wholesaler, jobber, manufacturer or other parties residing in this State, from whom he purchased such article, to the effect that the same is not adulterated nor misbranded within the meaning of this act. Said guaranty to afford protection shall What to contain the name and address of the party or parties making the sale of such article to such dealer, and in such case, if such guaranty was given in this State, said party or parties shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions of this act: Provided, however, That said Proviso, if product is guaranty shall not afford protection to the vendor in any case adulterated. if said product is adulterated or misbranded within the meaning of this act, and if said vendor shall have been previously notified in writing by the Dairy and Food Commissioner to that effect: Provided further, That in no case shall Further the Dairy and Food Commissioner serve such notice upon any notice to vendor of any such product until said Dairy and Food Com- etc. missioner shall have notified the manufacturer or jobber of any such product of the findings of the State analyst with reference to such product; such notification to such manu- Previous to facturer or jobber shall be in writing and shall be mailed vendor. ten days previous to any notice sent to any vendor in accordance with this section.

proviso,

manufacturer,

for export.

SEC. 8. Nothing in this act shall affect any drug product Drug products manufactured in this State for export to any foreign country or for sale in any other state, when such drug product is not adulterated or misbranded within the meaning of the laws of such foreign country or state; but if said article shall be When not in fact sold or offered for sale for use or consumption within exempt. this State, then such article shall not be exempt from the operation of any of the provisions of this act.

attorneys.

SEC. 9. It shall be the duty of each prosecuting attorney, Duty of when called upon by the said Dairy and Food Commissioner, prosecuting or by any person by him authorized as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this act or any subsequent act relative to the adulteration or misbranding of drug products.

SEC. 10. Whoever shall do any of the acts or things pro- Violation of hibited, or wilfully neglect or refuse to do any of the acts act. or things enjoined by this act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor, and

on conviction thereof shall be punished by a fine of not less Punishment. than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both fine and imprisonment in the discretion of the court.

SEC. 11. The sum of six thousand dollars is hereby ap- Appropriation. propriated for the fiscal year ending June thirtieth, nine

teen hundred eleven, and for each fiscal year thereafter there

paid.

Salaries, how is hereby appropriated the sum of six thousand dollars. Out of the amounts appropriated by this act shall be paid all salaries and expenses provided for herein. Approved May 26, 1909.

Appropriation.

Further appropriation.

Further appropriation.

How paid.

Tax clause.

[No. 147.]

AN ACT making appropriations for the State Industrial Home for Girls for building and special purposes and for current expenses, for the fiscal years ending June thirtieth, nineteen hundred ten, and June thirtieth, nineteen hundred eleven, and to provide a tax therefor.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the State Industrial Home for Girls, for current expenses, for the fiscal year ending June thirtieth, nineteen hundred ten, the sum of seventy-four thousand dollars, and for the fiscal year ending June thirtieth, nineteen hundred eleven, the sum of seventyfour thousand dollars.

SEC. 2. The further sum of one thousand seven hundred sixty-five dollars is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred ten, for purposes and by amounts as follows:

Rental of Rich property, two hundred dollars;
Fire protection, eight hundred fifteen dollars;
Library books, two hundred fifty dollars;

New porch and completion of kitchen and dining room in rear of hospital building, five hundred dollars.

SEC. 3. The further sum of twelve hundred dollars is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred eleven, for purposes and by amounts as follows:

Cement walks, five hundred dollars;

Plumbing repairs, five hundred dollars;

Rental of Rich property, two hundred dollars.

SEC. 4. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State treasury to the treasurer of the State Industrial Home for Girls at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder.

SEC. 5. The Auditor General shall incorporate in the State tax for the year nineteen hundred nine, the sum of seventy-five thousand seven hundred sixty-five dollars, and for the year nineteen hundred ten, the sum of seventy-five

thousand two hundred dollars, which amounts when collected
shall be credited to the general fund to reimburse the same
for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved May 26, 1909.

[No. 148.]

AN ACT to amend section seven of act number one hundred seventy-one of the public acts of nineteen hundred three. as amended, entitled "An act for the incorporation of associations not for pecuniary profit."

The People of the State of Michigan enact:

amended.

SECTION 1. Section seven of act number one hundred Section seventy-one of the public acts of nineteen hundred three, entitled "An act for the incorporation of associations not for pecuniary profit," as amended, is hereby amended to read as follows:

SEC. 7. Hereafter all new corporations not organized for New organizaprofit and having no capital stock, except religious organiza- tions, how tions and institutions of learning, provided for in act num- exceptions. ber thirty-nine of eighteen hundred fifty-five, and organizations of the Independent Order of Odd Fellows, societies for the prevention of cruelty to children, provided for in act one hundred sixty-one of the public acts of eighteen hundred ninety-three, and societies for the prevention of cruelty to children, animals, birds and fowls, provided for in act two hundred six of the public acts of eighteen hundred ninetynine, shall be organized under this act. Approved May 26, 1909.

[No. 149.]

AN ACT to provide a tax to meet the several appropriations for which a tax is not otherwise provided, for the general expenses of the State government, salaries of the State officers, judicial and other expenses of the State departments and expenses of the legislature for the years nineteen hundred nine and nineteen hundred ten.

The People of the State of Michigan enact:

purposes,

SECTION 1. There shall be levied upon the aggregate of tax- General able real and personal property of the State in the year nine- tax levy. teen hundred nine, the sum of two million three hundred fifty

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