other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. (July 1, 1902, ch. 1357, § 1, 32 Stat. 632.) § 17. Same; penalty; jurisdiction of prosecutions. If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (July 1, 1902, ch. 1357, § 2, 32 Stat. 632.) FEDERAL RULES OF CRIMINAL PROCEDURE Continuance of section under Rule 18, see note by Advisory Committee under said Rule 18, following section 3771 of Title 18, Crimes and Criminal Procedure. § 18. Suspension of importation of adulterated articles. Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended. (Aug. 30, 1890, ch. 839, § 4, 26 Stat. 415.) § 19. Repealed. May 29, 1928, ch. 901, § 1 (100), 45 Stat. 993. Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to report to the Congress of expenditures in enforcing food and drug laws. § 20. Apples in interstate commerce; standard grades. The standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are well-grown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than 10 per centum below the foregoing specifications shall be "Standard grade minimum size two and one-half inches", if the minimum size of the apples is two and one-half inches in transverse diameter; "Standard grade minimum size two and onefourth inches", if the minimum size of the apples is two and one-fourth inches in transverse diameter; or "Standard grade minimum size two inches", if the minimum size of the apples is two inches ! transverse diameter. (Aug. 3, 1912, ch. 273, § 37 Stat. 250.) § 21. Same; branding grades on barrels. The barrels in which apples are packed in accor ance with the provisions of sections 20-23 of th title may be branded in accordance with the pro sions of section 20 of this title. (Aug. 3, 1912, c 273, § 3, 37 Stat. 251.) § 22. Same; barrels misbranded. Barrels packed with apples shall be deemed be misbranded within the meaning of sections 20of this title First. If the barrel bears any statement, design, device indicating that the apples contained there are "Standard" grade and the apples when pack do not conform to the requirements prescribed section 20 of this title. Second. If the barrel bears any statement, desi or device indicating that the apples contained there are "Standard" grade and the barrel fails to be also a statement of the name of the variety, the na: of the locality where grown, and the name of t packer or the person by whose authority the app were packed and the barrel marked. (Aug. 3, 19 ch. 273, § 5, 37 Stat. 251.) § 23. Same; penalty for violations. Any person, firm or corporation, or association w shall knowingly pack or cause to be packed app in barrels or who shall knowingly sell or offer sale such barrels in violation of the provisions sections 20-22 of this title shall be liable to a p alty of $1 and costs for each such barrel so sold offered for sale, to be recovered at the suit of United States in any court of the United States h ing jurisdiction. (Aug. 3, 1912, ch. 273, § 6, 37 S 251.) CODIFICATION Section is also set out as section 233 of Title 15, C merce and Trade. § 24. Certificate of Inspection of American food pi ucts for export; issuance upon payment of act cost. CODIFICATION Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1102, has t omitted as obsolete. It related to payment of the of inspection under a provision authorizing the inve gation of the character of chemical and physical t applied to American food products in foreign count and the inspection of such products before shipmen such countries at the request of the shippers or own That provision was repeated in subsequent appropria acts but was omitted from the appropriation act of 12, 1943, ch. 221, 57 Stat. 494, and from all subseqi appropriation acts. § 25. Oleomargarine, butterine, or imitation butte cheese transported into a State subject to police powers. All articles known as oleomargarine, butter imitation, process, renovated, or adulterated bu or imitation cheese, or any substance in the s blance of butter or cheese not the usual produc the dairy and not made exclusively of pure and adulterated milk or cream, transported into State or Territory or the District of Columbia, and remaining therein for use, consumption, sale, or storage therein, shall, upon the arrival within the limits of such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or substances had been produced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (May 9, 1902, ch. 784, § 1, 32 Stat. 193.) CROSS REFERENCES Colored oleomargarine, intrastate sales of, see section 447 et seq. of this title. 26. Inspection of food and other products by Department of Agriculture for any branch of Government. CODIFICATION Section, which was from the appropriation acts of Jan. 18 1927, ch. 39, 44 Stat. 984; May 16, 1928, ch. 572, 45 Stat. 14; Feb. 16, 1929, ch. 227, 45 Stat. 1198; May 27, 1930, ch. 141, 46 Stat. 424, and subsequent Department of Agricultre Appropriation Acts to and including act June 28, 1944, 296, § 4, 58 Stat. 461, is now covered by section 571 of Title 5, Executive Departments and Government Officers and Employees. Importation of tea inferior to standard; bond of importers; regulation of use of inferior importation. 2 Board of experts; appointment; term; vacancies; compensation. Standards of purity; duplicate samples at custom- Permit for delivery; retention of inferior grades; reexamination; partial delivery. Examiners; examination according to usages of trade. Deposit of fee before examination of tea. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades. Reexamination; findings by examiner; assistance of experts. Reimporting rejected teas; forfeiture. 14. Importation of tea inferior to standard; bond of importers; regulation of use of inferior importation. It shall be unlawful for any person or persons or poration to import or bring into the United States by merchandise as tea which is inferior in purity, ality, and fitness for consumption to the standards orded in section 43 of this title, and the importaof all such merchandise is prohibited. Nothing sections 41-46 and 47-50 of this title shall affect prevent the importation into the United States, der such regulations as the Federal Security Adistrator may prescribe, of any merchandise as which may be inferior in purity, quality, and dess for consumption to the standards established the Federal Security Administrator or of any a waste, tea siftings, or tea sweepings, for the sole pose of manufacturing theine, caffeine, or other emical products whereby the identity and char acter of the original material is entirely destroyed or changed; importers and manufacturers who import or bring into the United States such tea, tea waste, tea siftings, or tea sweepings shall give suitable bond, to be subject to the approval only of the collector of customs at the port of entry, conditioned that said imported material shall be only used for the purposes provided in sections 41-46 and 47-50 of this title, under such regulations as may be prescribed by the Federal Security Administrator. (Mar. 2, 1897, ch. 358, § 1, 29 Stat. 604; May 16, 1908, ch. 170, 35 Stat. 163; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237.) TRANSFER OF FUNCTIONS The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Insecticide Act of 1910 and the Naval Stores Act, were transferred to the Federal Security Agency, to be administered under the direction and supervision of the Federal Security Administrator, by 1940 Reorg. Plan No. IV, set out in notes under section 133t of Title 5, Executive Departments and Government Officers and Employees. § 42. Board of experts; appointment; term; vacancies; compensation. On or before February 15 of each year, the Federal Security Administrator shall appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard samples of tea. The persons so appointed shall be at all times subject to removal by the said Administrator, and shall serve for the term of one year. Vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forthwith filled by the Federal Security Administrator by appointment, such appointee to hold for the unexpired term. Said board shall appoint a presiding officer, who shall be the medium of all communications to or from such board. Each member of said board shall receive as compensation the sum of $50 per annum, which, together with all necessary expenses while engaged upon the duty herein provided, shall be paid by the Administrator. (Mar. 2, 1897, ch. 358, § 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; July 12, 1943, ch. 221, title II, § 201, 57 Stat. 500.) AMENDMENTS 1943-Act July 12, 1943, provided that the Administrator should pay the salaries and expenses of the Board members. CROSS REFERENCES Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 41 of this title. § 43. Standards of purity; duplicate samples at customhouses and for importers and dealers. The Federal Security Administrator, upon the recommendation of the board of experts provided in section 42 of this title, shall fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported into the United States, and shall procure and deposit in the customhouses of the ports of New York, Chicago, San Francisco, and such other ports as he may determine, duplicate samples of such standards. Said Administrator shall procure a sufficient number of other duplicate samples of such standards to supply the importers and dealers in tea at all ports desiring the same at cost. All teas, or merchandise described as tea, of inferior purity, quality, and fitness for consumption to such standards shall be deemed within the prohibition of section 41 of this title. (Mar. 2, 1897. ch. 358, § 3, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237.) CROSS REFERENCES Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 41 of this title. § 44. Bonds of importers; examination; importations at ports having no examiner. On making entry at the customhouse of all teas, or merchandise described as tea, imported into the United States, the importer or consignee shall give a bond to the collector of the port that such merchandise shall not be removed from the warehouse until released by the collector, after it shall have been duly examined with reference to its purity, quality, and fitness for consumption. For the purpose of such examination samples of each line in every invoice of tea shall be submitted by the importer or consignee to the examiner, together with the sworn statement of such importer or consignee that such samples represent the true quality of each and every part of the invoice and accord with the specifications therein contained; or in the discretion of the Federal Security Administrator, such samples shall be obtained by the examiner and compared by him with the standards established by sections 41-46 and 47-50 of this title. In cases where said tea, or merchandise described as tea, is entered at ports where there is no qualified examiner as provided in section 46 of this title, the consignee or importer shall in the manner aforesaid furnish under oath a sample of each line of tea to the collector or other revenue officer to whom is committed the collection of duties, and said officer shall also draw or cause to be drawn samples of each line in every invoice and shall forward the same to a duly qualified examiner as provided in said section. The bond required by this section shall also be conditioned for the payment of all customhouse charges which may attach to such merchandise prior to its being released or destroyed (as the case may be) under the provisions of sections 41-46 and 47-50 of this title. (Mar. 2, 1897, ch. 358, § 4, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237.) CROSS REFERENCES Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 41 of this title. § 45. Permit for delivery; retention of inferior grades; reexamination; partial delivery. If, after an examination as provided in section 44 of this title, the tea is found by the examiner to be equal in purity, quality, and fitness for consumption to the standards provided in sections 41-44 of this title, and no reexamination shall be demanded by the collector as provided in section 47 of this title, a permit shall at once be granted to the importer or consignee declaring the tea free from the control of the customs authorities; but if on examination such tea, or merchandise described as tea, is found, in the opinion of the examiner, to be inferior in purity, quality, and fitness for consumption to the said standards the importer or consignee shall be immediately notified, and the tea, or merchandise described as tea, shall not be released by the customhouse, unless on a reexamination called for by the importer or consignee the finding of the examiner shall be found to be erroneous. Should a portion of the invoice be passed by the examiner, a permit shall be granted for that portion and the remainder held for further examination, as provided in said section 47. (Mar. 2, 1897, ch. 358, § 5, 29 Stat. 605.) § 46. Examiners; examination according to usages of trade. The examination provided for by sections 41-46 and 47-50 of this title shall be made by a duly qualified examiner at a port where standard samples are established, and where the merchandise is entered at ports where there is no qualified examiner, the examination shall be made at that one of said ports which is nearest the port of entry, and that for this purpose samples of the merchandise, obtained in the manner prescribed by section 44 of this title, shall be forwarded to the proper port by the collector or chief officer at the port of entry. In all cases of examination or reexamination of teas, or merchandise described as tea, by examiners or the United States Board of Tea Appeals under the provisions of this chapter, the purity, quality, and fitness for consumption of the same shall be tested according to the usages and customs of the tea trade, including the testing of an infusion of the same in boiling water, and, if necessary, chemical analysis. (Mar. 2, 1897, ch. 358, 7, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713.) § 46a. Deposit of fee before examination of tea. On and after July 1, 1940, no tea, or merchandise described as tea, shall be examined for importation into the United States, or released by the Collector, under sections 41-46 and 47–50 of this title unless the importer or consignee of such tea or merchandise, prior to such examination, has paid for deposit into the Treasury of the United States as miscellaneous receipts, a fee of 3.5 cents for each hundred weight or fraction thereof of such tea and merchandise. (June 27, 1940, ch. 437, title I, 54 Stat. 632; July 1, 1941, ch. 269, title II, 55 Stat. 478.) AMENDMENTS 1941-Act July 1, 1941, reenacted section without change. § 47. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades. In case the collector, importer, or consignee shall protest against the finding of the examiner, the mat ter in dispute shall be referred for decision to the United States Board of Tea Appeals, to consist of three employees of the Federal Security Agency, to be designated by the Federal Security Administrator. If such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if upon such final reexamination by such board the tea shall be found to be inferior in purity, quality, and fitness for consumption to the said standards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, or merchandise described as tea, out of the limits of the United States within a period of six months after such final reexamination; and if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. (Mar. 2, 1897, ch. 358, § 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237.) CROSS REFERENCES Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 41 of this title. § 48. Reexamination; findings by examiner; assistance of experts. In cases of reexamination of teas, or merchandise described as teas, by the United States Board of Tea Appeals in pursuance of the provisions of sections 41-46 and 47-50 of this title, samples of the tea, or merchandise described as tea, in dispute, for transmission to such board for its decision, shall be put up and sealed by the examiner in the presence of the importer or consignee if he so desires, and transmitted to such board, together with a copy of the finding of the examiner, setting forth the cause of condemnation and the claim or ground of the protest f the importer relating to the same, such samples, nd the papers therewith, to be distinguished by such ark that the same may be identified. The decision such board shall be in writing, signed by them, and nsmitted, together with the record and samples, hin three days after the rendition thereof, to the ector, who shall forthwith furnish the examiner the importer or consignee with a copy of said sion or finding. The United States Board of Tea als shall be authorized to obtain the advice, when sary, of persons skilled in the examination of who shall each receive for his services in any ular case compensation not exceeding $5. 2, 1897, ch. 358, § 8, 29 Stat. 606; May 31, 1920, 7, 41 Stat. 712.) a eimporting rejected teas; forfeiture. mported teas which have been rejected by a is examiner or by the United States Board of ppeals, and exported under the provisions of is 41-46 and 47-50 of this title, shall be reced into the United States under the penalty of 61. Filled milk; definitions. 62. Same; manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. 63. Same; penalty for violations of law; acts, omissions, and so forth, of agents. 64. Same; regulations for enforcement. FEDERAL FOOD, Drug, and COSMETIC ACT By virtue of act June 25, 1938, ch. 675, § 902 (c), 52 Stat. 1059, nothing contained in chapter 9 of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of sections 61-64 of this title. BUREAU OF DAIRY INDUSTRY See sections 401-404 of Title 7, Agriculture. § 61. Filled milk; definitions. Whenever used in this chapter (a) The term "person" includes an individual partnership, corporation, or association; (b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or Possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and (c) The term "filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream where such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in individual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare asso ciations, hospitals, and similar institutions and generally disposed of by them. (Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.) § 62. Same, manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. It is declared that filled milk, as defined in section 61 of this title is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. (Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.) § 63. Same; penalty for violations of law; acts, omissions, and so forth, of agents. Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. When construing and enforcing the provisions of said sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.) § 64. Same; regulations for enforcement. The Federal Security Administrator is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237.) TRANSFER OF FUNCTIONS The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Insecticide Act of 1910 and the Naval Stores Act, were transferred to the Federal Security Agency, to be administered under the direction and supervision of the Federal Security Administrator, by 1940 Reorg. Plan No. IV, set out in notes under section 133t of Title 5, Executive Departments and Government Officers and Employees. Sec. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. Inspectors of meat food products; marks of inspection; destruction of condemned products; products for export. Labeling receptacles or coverings of meat or meat food products inspected and passed; supervision by inspectors; sales under false names; trade names. Sanitary inspection and regulation of slaughtering and packing establishments; rejection of meat or meat food products unfit for food. Examination of cattle and food products thereof, slaughtered and prepared during nighttime. Transportation of carcasses, meat, or meat food products not properly inspected and marked. Forgery, alteration or unauthorized use of marks, labels, or other identification devices or certificates. Inspection of animals for export. Inspectors of animals for export; certificates of condition. No clearance to vessel carrying cattle for export without inspector's certificate. Inspection of carcasses, meat of which is intended for export. Inspectors of carcasses, and so forth, meat of which is intended for export; certificates of condition. No clearance to vessel carrying meat for export without inspector's certificate. Delivery of inspectors' certificates, and of copies. Transportation or sale of meat or meat food prod ucts without complying with provisions of inspection law. Offenses; penalty. Inspectors to make examinations provided for; appointment; duties; regulations. Bribery of or gifts to inspectors or other officers and acceptance of gifts. Inspection requirements as applicable to farmers or retailers; definitions; sale of meat and meat food products unfit for food; penalty. Sale of meat or meat products unfit for food: penalty. Repealed. Inspection extended to reindeer. 94a. Inspection of dairy products for export. |