No person shall distribute or sell, or manufacture for distribution or sale, or have in his possession with intent to distribute or sell, any article of food or drug which under any of the provisions of this chapter shall be deemed to be adulterated or misbranded.
As used in this chapter, the following terms shall have the meanings indicated:
ADULTERATED
A. 
In the case of drugs, an article shall be deemed to be "adulterated":
(1) 
If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary or is contained in a bottle, box or other container bearing a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity laid down in the United States Pharmacopoeia or National Formulary, official at the time of investigation, provided that no drug sold under or by a name recognized in the United States Pharmacopoeia or National Formulary or contained in a bottle, box or other container bearing a name recognized in the United States Pharmacopoeia or National Formulary, except any drug sold under or by the name of any preparation of opium, iodine, camphor, ginger or peppermint, or contained in a bottle, box or other container bearing the name of any such preparation, shall be deemed to be adulterated under this section if the standard of strength, quality or purity be plainly and correctly stated upon the bottle, box or other container thereof, although the standard may differ from that laid down in such United States Pharmacopoeia or National Formulary.
(2) 
If its strength or purity falls below the professed standard or quality under which it is sold.
B. 
In the case of confectionery, an article shall be deemed to be "adulterated" if it contains terra alba, barytes, talc, chrome yellow or other mineral substance, or poisonous color or flavor or other ingredient deleterious or detrimental to health or any vinous, malt or spirituous liquor or compound or narcotic drug.
C. 
In the case of food, an article shall be deemed to be "adulterated":
(1) 
If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength.
(2) 
If any substance has been substituted wholly or in part for the article.
(3) 
If any valuable constituent of the article has been wholly or in part abstracted.
(4) 
If it is mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.
(5) 
If it contains 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 an 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 on the covering of the package, the provisions of this chapter shall be construed as applying only when said products are ready for consumption.
(6) 
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.
DRUG
Includes 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 internally or externally for the cure, mitigation or prevention of disease of man or animal.
FOOD
Includes every article used for food or drink by man or animal, and every ingredient of such article, and all confectionery and condiments.
MISBRANDED
Applies to all drugs, or articles of food or articles which enter into the composition of food, the package or label or which shall bear any statement, design or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or county in which it is manufactured or producted. An article shall also be deemed to be "misbranded":
A. 
In the case of drugs:
(1) 
If it is an imitation of or offered for sale under the name of another article.
(2) 
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 fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroine, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, acetphenetidin, phenactin or antipyrin or any derivative or preparation of any such substances contained therein, provided that nothing in this subsection contained shall be construed to apply to such preparations as are specified and recognized by the United States Pharmacopoeia or National Formulary which are in accordance therewith or to the compounding of family or domestic recipes or the filling of prescriptions furnished by practicing physicians, dentists or veterinarians, the originals of which recipes and prescriptions are retained and filed by the druggists compounding or filling the same; and provided further, however, that nothing in this chapter shall be construed to apply to such drugs or medicines as are personally dispensed by legally licensed physicians, dentists or veterinarians in the course of their practice as such physicians, dentists or veterinarians.
B. 
In the case of food:
(1) 
If it is labeled or branded so as to deceive or mislead the purchaser, or purports 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 it if fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, acetphenetidin, or phenacetin or antipyrin or any derivative or preparation of any such substance contained therein.
(2) 
If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.
(3) 
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.
No article shall be deemed to be adulterated or misbranded within the meaning of this chapter when specially prepared for export to any foreign country if such article shall be prepared and packed according to the directions of the foreign purchaser and if no substance is used in the preparation or packaging of such article which is prohibited by the laws of the foreign country for export to which said article was prepared, provided that if such article shall be sold or offered for sale for use or consumption within the United States of America, then all the provisions of this chapter with regard to adulteration and misbranding shall apply thereto.