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Section six declares that "The term 'food', as used herein [in the Act] shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compounded." This is broad enough to cover hay, grain or other food for animals; but food for poultry is not included, for the very obvious reason that "poultry" is not covered by the word "animals. It includes meats and meat products of all kinds. But it may well be doubted if it covers horse meat, for horse meat has never been recognized as an article of food in this country; and it would be a stretch of the imagination to hold it covers dog meat. It, however, covers the meat of cattle, sheep, goats, swine, deer, elk, antelope, buffalo, bear and squirrels. It also covers poultry meat, of whatever kind, including the meat of wild turkeys, quail or partridges, wild chickens, and all feathered wild game. Likewise it covers fish and all sea-food, such as oysters and clams. The regulations, however, provided that they shall not apply to domestic meat and meat-food produets which are prepared, transported or sold in interstate or foreign commerce under the meat-inspection law and the regulations of the Secretary of Agriculture made thereunder." The statute covers salt, sugar and spices; but, if used as medicine or in connection with medicine, then they must comply with the requirements for drugs. Coffee and tea are foods, so are liquors, wines, beers and all beverages. So it includes mineral water and all drinking waters. Of course,

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it includes milk. Flavoring extracts are foods, unless used as medicines, when compliance must be made with the drug regulations. Of course, confectionery is included, and chewing gum, perhaps, comes under this classification, though under the English statute, which defines food to "include every article used for food or drink by man, and any article which ordinarily enters into or is used in the composition or preparation of human food," as well as "flavoring matters and condiments," chewing gum is not included, not being an "article used for food" within the meaning of that Act. An earlier Act defined food to "include every article used for food or drink by man, other than drugs or water," and this was held not to cover baking powder made up of twenty percent of bicarbonate of soda, forty percent of alum, and forty percent of ground rice."

§ 113. Drugs.

The statute provides "That the term 'drug,' as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either men or other animals."' This, of course, includes all "patent" or proprietary medicines, whether for man or animals. It includes all pharmaceutical preparations, as generally understood, plasters, corn cures, salves, ointments, liniments, medicinal soaps, hair tonics, cold cream or massage cream, tale powder, perfumes, toilet preparations, tooth powders, liquid dentrifices and stock foods of all kinds. It does not include disinfectants, and possibly not bay rum, face powder or smelling salts. The line between a drug and a food is often very thin. Thus sugar, salt and spices, if used as medicine or in connection

2 62 and 63 Vict., ch. 51, § 26. 3 Shortt v. Smith, 11 T. L. R. 325; Bennett v. Tyler, 64 J. P. 119, 81 L. T. 787, 19 Cox C. C. 434.

4 38 and 39 Vict., ch. 63, § 2.

5 James v. Jones, 58 J. P. 230; Warren v. Phillips, 44 J. P. 61. 1 Section 6.

with medicine, are drugs; but if used as a food, or in connection with food, then it is a food and not a drug. So turpentine or castor oil, if used as a medicine, is subject to the requirements of the statute, but if the former be used in connection with paint, or the latter used for leather dressing, it will not be subject to the provisions of this statute. The English statute provides that "the term 'drug' shall include medicine for internal and external use. 972 Under this statute it was held that beeswax adulterated with fifty percent of paraffin was not a drug, although it is used in the preparation of medicines, and is included in the British Pharmacopoeia. In this case the sale was by a grocer, but one of the judges. thought if the sale had been by a chemist-the English term for a druggist-the result would have been different. The test seems to be in that country whether the article be sold for medicinal use or for food. Arsenical soap containing no arsenic has been held not to be a drug.* 238 and 39 Vict., ch. 63, § 2. Fowle v. Fowle, 60 J. P. 758, 75 L. T. 514, 18 Cox C. C. 462.

+ Houghton v. Taplin, 13 T. L. R. 386.

3

Under the English statute an author of repute has suggested that sulphur, carbolic acid and sulphur acid are not drugs. Bell's Sale of Food and Drugs Act, p. 4.

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The lexicographical definition of "adulteration" is "the act of adulterating, or corrupting by the admixture of foreign and base elements, especially for fraudulent purposes; debasement; as, the adulteration of tea or coffee." The Food and Drugs Act of 1906, however, assigns a broader meaning to this term. Thus section seven declares "That, for the purposes of this Act, an article shall be deemed to be adulterin case of food:

ated.

First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality and strength.

Second. If any substance has been substituted wholly or in part for the article.

1 Standard Dictionary, "Adulteration."

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it be mixed, colored, powdered, coated or stained in any manner whereby damage or inferiority are concealed.

Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed in the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption.

Sixth. If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal or one that has died otherwise than by slaughter.

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§ 115. Putrid-Decomposed.

"What is charged in this information, and what is therefore on trial before you, is composed of two parts; that is,

of course

2 "Now the word 'adulterated' is one of very wide, or rather uncertain meaning, and therefore for the purpose of this Act it is defined with great particularity as meaning in the case of food, two things which are relevant to this trial: An article of food is adulterated if it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health. It is also for the purpose of this Act deemed adulterated (although the word can not be used in that sense ordinarily), if it con

sists in whole or in any part of a filthy, decomposed or putrid animal or vegetable substance.

"The Act then continues, although the rest of this section does not, I think, relate to this case, but it shows the general scope of the Act, or if it consists of any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that had died otherwise than by slaughter.' I have read that merely to show the general scope of the legislation in this regard." N. J. 825.

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