CHAP. 422.—An ACT to amend section 7 of an act entitled an act to pre-
vent the manufacture or sale of adulterated, misbranded, poisonous
or deleterious foods or liquors and to repeal an act to prevent the sale
of adulteratscd and misbranded foods in the State of Virginia, ap-
proved February 27, 1900, approved March 14, 1908. (H. B. 27.)

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
section seven of an act entitled an act to prevent the manufac-
ture or sale of adulterated, misbranded, poisonous or deleterious
foods or liquors, and to repeal an act to prevent the sale of
adulterated and misbranded foods in the State of Virginia, ap-
proved February twenty-seventh, nineteen hundred, approved
March fourteenth, nineteen hundred and eight, be amended and
re-enacted so as to read as follows:

Section 7. That the term “misbranded” as used herein shall
apply to all 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 regarding such article, or the
ingredients or substance contained therein, which shall be
false or misleading in any particular, and to any food product
which ig falsely branded as to the State, territory, or country
in which it is manufactured or produced.

That for the purpose of this act an article shall also be
deemed misbranded:

First. If it be an imitation of, or offered for sale under the
distinctive name of another article.
Second. If it be labeled or branded so as to deceive or mis-.
lead the purchaser, or purport to be a foreign product when not
so, or 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 it fail to bear a state-
ment on the label of the quantity or proportion of any morphine,
opium, cocaine, heroin, alpha or beta eucaine, chloroform, can-
nabis indica, chloral hydrate, or acetanalide or any derivative
or preparation of any such substance contained therein.

Third. If in package form, and the quantity of the contents
be not plainly and conspicuously marked on the outside of the
package in terms of weight, measure or numerical count; pro-
vided, however, that such reasonable variations shall be per-
mitted, and tolerances and also exemptions as to small packages
as shall be or are established by rules and regulations made in
accordance with the provisions of section 10 of the said act.

Fourth. If the package or its label shall bear any statement,
design, or device regarding the ingredients or substance con-
tained therein, which statement, design, or device shall be false
or misleading in any particular; provided, that an article of food
which does not contain any added poisonous or deleterious in-
gredients shall not be deemed to be adulterated or misbranded
in the following cases:

First. In the case of mixtures or compounds which may be
now or from time to time hereafter known as articles of food
under their own distinctive names, and not an imitation of, or
offered for sale under the distinctive name of, another article
of food, if the name be accompanied on the same label or brand
with a statement of the place where said article has been manu-
factured or produced.

Second. In the case of articles labeled, branded, or tagged
so as to plainly indicate that they are compounds, imitations or
blends, and having the word “compound”, “imitation”, or
*“‘blend”, as the case may be, plainly stated on the package in
which such article is offered for sale: provided, the labeling is
according to the rules prescribed by the dairy and food com-
missioner with the approval of the commissioner and the board
of agriculture and immigration.

Provided, that the term ‘“‘blend” as used herein shall be con-
strued to mean a mixture of like substances, not excluding harm-
less coloring or flavoring ingredients used for the purpose of
eoloring or flavoring only: and provided further that nothing
in this act shall be construed as requiring or compelling proprie-
tors or manufacturers of proprietary foods which contain no
unwholesome added ingredients to disclose their trade formu-
las, except in so far as the provisions of this act may require
to secure freedom from adulteration and misbranding.