MISCELLANEOUS

1.328 General labeling requirements. In addition to the labeling covered by the agreement submitted with samples for certification, the general provisions of the Federal Food and Drugs Act regarding labels should be observed if the dye is distributed in interstate commerce. These require that the containers bear a plain and conspicuous statement of the quantity of the contents and prohibit the use of statements, designs, or devices that are false, misleading, or deceptive. If, owing to the absorption of moisture or other cause, the dye content falls below the labeled declaration before interstate shipment, the product is in violation of the law, even if the declaration is the one reported by the Food and Drug Administration at the time of certification.*+

1.329 Admission of additional dyes. (a) To be considered suitable for inclusion in the list of permitted coal-tar food colors, a dye must not be protected in any way by unexpired patents covering either the dye itself of the only known methods of preparing it or any of its intermediates. Its complete process of manufacture must have been described in some recognized scientific publication. Names chosen for new dyes to be certified should not be false or misleading in any particular and no element in them should tend to advertise the product of any particular manufacturer.

(b) Manufacturers wishing to have a dye added to the permitted list should prepare the dye in as pure a form as possible and submit to the Food and Drug Administration a manufacturer's affidavit and agreement, a foundation affidavit, and a detailed report by one or more reputable pharmacologists and toxicologists on the pharmacological and toxicological properties of the dye. When a knowledge of the process of manufacture is necessary to determine the identity of the dye, the submission in the manufacturer's affidavit of a complete description of certain steps or all steps in the manufacturing procedure may be required. To these reports should be attached a 5-pound sample of the dye taken from the same batch as that from which the sample used for analysis and pharmacological and toxicological investigations was obtained. If the data submitted indicate the suitability of the dye for food use, the Food and Drug Administration proceeds with chemical, pharmacological, and toxicological examinations of the sample. If these investigations show that the dye is harmless and of suitable purity, it is added to the permitted list, provided need for a new dye can not be met by dyes already on the list, or other sufficient reasons obtains. The time required for these investigations is necessarily long; in most cases about two years will probably be needed.

(c) The contemplated addition of a dye to the permitted list will be published by the Food and Drug Administration at least 2 months before its admission. In the case of newly developed dyes, this announcement will not appear in advance of the description in a recognized scientific publication of the complete process of manufacture of the dye.*+

PART 170-REGULATIONS FOR THE ENFORCEMENT OF

THE FEDERAL TEA ACT

Sec.

Sec. 170.1 Importation of inferior goods 170.26 Macao or Canton congou and prohibited.

brick tea standards. 170.2 Importation without appraise. 170.27 Teas imitating China green teas. ment.

170.28 Powchong Formosa oolong teas.
170.3 Bonding of tea for consumption. 170.29 Tea dust.
170.4 Teas destined for interior ports. 170.30 Test for paraffin and similar
170.5 Warehouses for storage of tea.

substances.
170.6 Method of storing in warehouse. 170.31 Tests for impurities.
170.7 Examination of packages.

170.32 Tolerance for dust and fannings 170.8 Tea blended, mixed and re

in all Formosa and Foochow packed for export.

oolongs, Canton teas, congous, 170.9 Removal of tea from warehouse.

Indias, Ceylons, Javas, Suma170.10 Exemption of sample packages

tras, and China, India and from examination,

Ceylon green teas. 170.11 Tea brought in by passengers. 170.33 Separation of needle leaf and 170.12 Unclaimed teas.

pekoe tips from Ceylon, India, 170.13 Tea packages and contents shall

Java, Sumatra, and Formosa constitute a unit.

oolong teas. 170.14 Taking of samples at ports 170.34 Tolerance for dust and fannings where tea examiner is sta

in Japanese teas. tioned. 170.15 Result of examination; form of 170.35 Tea inferior to the standard in report.

any requisite is justly rejected. 170.16 Taking of samples at ports where 170.36 Action based on result of exthere is no tea examiner.

amination. 170.17 Chop list.

170.37 Procedure for protest against 170.18 Surplus samples.

findings. 170.19 Tea standards.

170.38 Procedure by importer for re170.20 Effective date of tea standards.

view.
170.21 To whom standards will be fur. 170.39 Rejected tea.
nished.

170.40 Exportation of rejected teas. 170.22 Disposition of obsolete stand- 170.41 Reimportation of exported teas ards

forbidden. 170.23 Instructions to examiners, 170.42 Destruction of condemned tea. 170.24 Testing of teas.

170.43 Duties of supervising tea ex170.25 Testing quality of infused leaf.

aminer. Section 170.1 Importation of inferior goods prohibited. The importation of any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards fixed and established by the Secretary of Agriculture, in accordance with section 3 of the Tea Act (29 Stat. 605; 21 U.S.C. 43), is prohibited.** [Reg. 1 (1)]

*88 170.1 to 170.43, inclusive, issued under the authority contained in sec. 1, 29 Stat. 604, 35 Stat. 163, 41 Stat. 712; 21 U. S. C. 41.

The source of 88 170.1 to 170.43, inclusive, (except for supplemental documents noted in the text,) is SRA, T 1, Secretary of Agriculture, Mar. 22, 1928.

CROSS REFERENCE: For Bureau of Customs regulations governing regu ons of the importation of tea, see 19 CFR 10.27 (a).

170.2 Importation without appraisement. Importations of tea may be entered for consumption, for transit to foreign countries, or for immediate transportation without appraisement. All entries must be on the regular forms, and the regular serial numbers, for both bonds and entries should be used.*+ [Reg. 1 (2)]

170.3 Bonding of tea for consumption. Tea entered for consumption must be stored as provided in 170.5, pending examination, and bond must be taken by the collector of customs, as provided in section 4, Act of March 2, 1897 (29 Stat. 605; 21 U.S.C. 44), on Customs Form No. 7551 or 7553. This bond shall be canceled upon the issuance of a permit for release, as the consumption entry bond includes provisions for the redelivery, the exportation, the destruction, and the holding of the merchandise for customs examination.*+ [Reg. 1 (3), (4)]

CROSS REFERENCE: For Bureau of Customs regulations relating to storage for tea entering for consumption, see 19 CFR 10.27 (c).

170.4 Teas destined for interior ports. Imported teas entered at an exterior port destined for immediate transportation to an interior port shall be forwarded without detention.*+ [Reg. 1 (5)]

CROSS REFERENCE: For Bureau of Customs regulations relating to tea entering at an exterior port, see 19 CFR 10.27 (d).

170.5 Warehouses for storage of tea. (a) Warehouses for the storage of tea will be designated by the collector of customs and the proprietor thereof will be required to give a bond in the form prescribed (Customs Form No. 3581). Teas not stored in such designated warehouses will be placed in general order store or in public store pending examination and release on proper permit. In the absence of proper storage facilities at customhouses, teas may be retained in locked cars as constructive warehouses, under proper supervision, pending examination.

(b) The importer's premises may be designated as warehouses for the storage of tea on the filing of the bond provided for by the regulations in this part, but whenever, in the discretion of the collector of customs, it shall be considered desirable, a storekeeper shall be assigned to the supervision of such premises at the importer's expense while the teas shall remain under bond therein.*+ [Reg. 2]

CROSS REFERENCE: For Bureau of Customs regulations relating to warehouses for tea, see 19 CFR 10.27 (e), (f).

170.6 Method of storing in warehouse. (a) When tea under examination is stored in any warehouse it must be so placed as to be separate from other merchandise and so as to allow convenient supervision by customs officers and officers of the Food and Drug Administration. At ports where there are no bonded warehouses, class 2 or 3, the chief customs officer of the port will, when necessary, procure suitable premises for the temporary storage of any tea reaching his port. The repacking of tea in warehouse for export purposes is not allowed.

(b) All expenses of storage, cartage, and labor must be paid by the importer.*+ [Reg. 3]

CROSS REFERENCE: For Bureau of Customs regulations governing method of storage, see 19 CFR 10.27 (g), (b).

170.7 Examination of packages. Chief officers of customs may order such an examination of packages containing tea as will satisfy them that no dutiable goods are packed therein. For this purpose the customary designation should be made of packages for examination in public store.** [Reg. 4]

170.8 Tea blended, mixed and repacked for export. Tea importers desiring to import teas into the United States to be blended,

mixed, and repacked for export can do so by bonding a warehouse under the provisions of section 311 of the Tariff Act of 1930 (46 Stat. 691; 19 U.S.C. 1311), upon compliance with articles 969 to 984, inclusive, of the Customs Regulations of 1937,

as amended by Treasury Decision 49365, giving bond on Customs Form No. 3583. All teas placed in bonded manufacturing warehouses must be exported.** [Reg. 5]

CROSS REFERENCES : For customs regulations, articles 969–984, as amended by Treasury Decision 49365, see 19 CFR 17.33–17.46.

170.9 Removal of tea from warehouse. No tea shall be delivered to the importer or removed from warehouse for any purpose before the examination required by the Tea Act.*+ [Reg. 6]

170.10 Exemption of sample packages from examination. Where tea is put up in packages of not over 2 pounds in weight, imported by mail, express, or otherwise from the country of production, and the fact is established that the packages are samples for distribution, or for use in soliciting orders and not for sale, no examination should be made under the Act of March 2, 1897 (29 Stat. 604; 21 U.S.C. 41–50), and they may be delivered at once to the importer.** [Reg. 7 (1)]

170.11 Tea brought in by passengers. Packages of tea not exceeding 5 pounds in weight brought by passengers may be delivered without examination under the Act of March 2, 1897 (29 Stat. 604; 21 U.S.C. 41–50).** [Reg. 7 (2)]

CROSS REFERENCE: For Bureau of Customs regulations, see 19 CFR 8.20 (e).

170.12 Unclaimed teas. Unclaimed teas should be taken possession of by collectors of customs the same as other unclaimed goods and placed in "general order", but not sold at the expiration of the year unless declared fit for consumption by a designated tea examiner.*+ [Reg. 8]

. CROSS REFERENCE: For Bureau of Customs regulations governing disposition of merchandise unclaimed or in warehouse beyond the time fixed by law, see 19 CFR Part 18.

170.13 Tea packages and contents shall constitute a unit. Tea ackages and contents shall be treated as a unit, and no separati of tea from its covering can be allowed, for either exportation or destruction, except under the two following conditions: (a) In cases of importations of tea containing an excessive quantity of dust, the tea can be sifted and admitted to entry if found up to the standard, provided the dust is exported or destroyed under Government supervision; (b) if, by reason of damage, a tea otherwise equal in quality to the standard has been rejected, the damaged portion may be removed and exported or destroyed under custom's supervision, and the sound remainder resubmitted for examination and admitted to entry if found up to the standard.*+ [Reg. 9]

170.14 Taking of samples at ports where tea examiner is stationed. The examination of teas at ports where a duly qualified tea examiner is stationed shall be made by means of samples drawn by the sampler from packages designated by the tea examiner. The importer, when his teas are ready for sampling, shall submit in duplicate to the tea examiner a chop list and release permit (T. I. S.

a

Cat. No. 1) of the several lines included in the invoice, and the tea examiner shall select for examination packages representing the different lines.** [Reg. 10 (1)]

170.15 Result of examination; form of report. (a) The examination and report upon such samples shall be made in accordance with the provisions of section 7 of the Tea Act (29 Stat. 606; 21 U.S.C. 46), and the result of this examination shall be noted on the invoice by the tea examiner before he returns the invoice to the collector of customs. The tea examiner at the same time should make his returns on the original copy of the chop list and release permit (T. I. S. Cat. No. 1), which, after being duly signed by him, should be forwarded by him to the importer or consignee.

(b) In case the tea coverings are dutiable and appraised at a value or rate higher than the entered value or rate, the tea examiner shall follow the same procedure as above, except that the chop list and release permit shall be returned to the collector of customs for such action as he sees fit to take.

(c) In case a partial release is desired the importer shall furnish an additional chop list and release permit (T. I. S. Cat. No. 1) of the goods that he desires, the original chop list and release permit being retained by the tea examiner until action on all the teas in the entry has been taken.** (Reg. 10 (2)-(4)]

170.16 Taking of samples at ports where there is no tea examiner. In case an entry of imported tea shall be made at a port or subport where no tea examiner is stationed, the importer should prepare the chop list and release permit (T. I. S. Cat. No. 1) in triplicate and forward them to the chief officer of the customs at the port of entry. The importer will also furnish the chief officer of the customs at such port samples, with a sworn statement that the samples submitted by him are drawn from packages designated by the chief officer of the port, and covered by his entry (naming the vessel), and that to the best of his knowledge and belief they represent the true qualities of each and every part of the invoice (including the proportions of dust) and accord with the specifications contained therein. Duplicate samples shall be obtained by such officers, and both sets of samples, together with the original and one copy of the chop list and release permit (T. I. S. Cat. No. 1), shall be forwarded to the nearest qualified tea examiner for his report and return. Samples sent for the purpose of examination from ports of importation to ports where tea examiners are located shall be packed in perfectly new tin cans, cylindrical in shape, 21/2 inches deep, 3 inches in diameter, of a capacity of 4 ounces, with tight slip covers, properly labeled (T. I. S. Cat. No. 5), and properly “seasoned," according to the customs of trade.** (Reg. 11]

170.17 Chop list. (a) In all cases the importer shall indicate on the chop list and release permit where the goods are to be sampled, whether on the dock or in warehouse. If the consular invoice has not been received the importer may prepare an additional copy of the chop list and release permit as a pro forma invoice, marking across the face thereof "Pro Forma Invoice."