Scope. Chemical examina tions. rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. SEC. 4. That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if Notice of result. it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the pro- tions to district attorvisions of this Act have been violated by such party, then the Secre- ney. tary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Hearings. Certificate of viola SEC. 5. That it shall be the duty of each district attorney to whom Legal proceedings. the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. SEC. 6. 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 man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound. SEC. 7. That for the purposes of this Act an article shall be deemed to be adulterated: In case of drugs: First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. VOL XXXIV, PT 1-49 Terms defined. "Drugs." "Food." Adulterations de fined. Drugs. Difference from rees ognized standards. Proviso. Below professed standard. Confectionery. Deleterious ingredients, narcotics, etc. Food. Injurious mixtures. Substitutes. Constituents ab stracted. Damage, etc., concealed. Deleterious additions. Proviso. shipment allowed. Second. If its strength or purity fall below the professed standard or quality under which it is sold. In the case of confectionery: If it contain 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. In the case of food: First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. Second. If any substance has been substituted wholly or in part for the article. 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 a manner whereby damage or inferiority is concealed. Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, Preservatives for 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 on the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption. Compositions prohibited. Drugs. False contents. cotics, etc., used. 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. SEC. 8. That the term "misbranded," as used herein, shall apply to all drugs, or 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 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 country in which it is manufactured or produced. That for the purposes of this Act an article shall also be deemed to be misbranded: In case of drugs: First. If it be an imitation of or offered for sale under the name of another article. Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have Failure to state nar- been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein. Foods. False label, etc. In the case of food: 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 mislead 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 Failure to state nar- package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucane, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein. cotics, etc., used. Third. 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. Fourth. 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: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients 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, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Incorrect weight or measure. Misleading ingredi ents. Proviso. Compounds under distinctive names. Second. In the case of articles labeled, branded, or tagged so as to If compound," etc. plainly indicate that they are compounds, imitations, or blends, and plainly stated. the word "compound," "imitation," or "blend," as the case may be, Provisos. is plainly stated on the package in which it is offered for sale: Provided, That the term blend as used herein shall be construed to mean a mix- Meaning of blend. ture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And provided further, That nothing in this Act shall be construed as requir- Trade formulas. ing or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding. ufacturer. SEC. 9. That no dealer shall be prosecuted under the provisions of Guaranty from man this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act. Contents. Seizure of original packages in interstate foreign demned. SEC. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported and from one State, Territory, District, or insular possession to another merce. for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation. if And if such article is condemned as being Disposal, adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and not to be sold, etc. sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the court may by srder direct that such articles be delivered to the owner thereof. The Proceedings. com con Provise. Examination of imported foods and drugs. Admission adulterated ог branded goods, Destruction, etc. mis Proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. SEC. 11. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, samples of foods and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture, and have the right to denied introduce testimony, and if it appear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into, or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary Delivery pending of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. Provisos. examination. Bond required. Charges. Insular possessions included. rations, etc. SEC. 12. That the term "Territory" as used in this Act shall include "Person" defined. the insular possessions of the United States. The word "person" as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, comLiability of corpo- panies, societies and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. In effect January 1, 1907. SEC. 13. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and seven. Approved, June 30, 1906. June 30, 1906. [H. R. 20410.] [Public, No. 385.] CHAP. 3916.-An Act To increase the limit of cost of certain public buildings, to authorize the purchase of sites for public buildings, to authorize the erection and completion of public buildings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Omnibus Public States of America in Congress assembled, That to enable the Secretary Limit of cost in- of the Treasury of the United States to give effect to and execute the buildings act. creased. provisions of existing legislation authorizing the purchase of sites and erection thereon of public buildings in the several cities hereinafter enumerated, the limit of cost heretofore fixed by Congress therefor be, and the same is hereby, increased, respectively, as follows, and the Secretary of the Treasury is hereby authorized to enter into contracts for the completion of each of said buildings within its respective limit of cost, including site: United States post-office and court-house at Montgomery, Alabama, twelve thousand dollars. Post, p. 789. Montgomery, Ala. Selma, Ala. Colo. United States post-office and court-house at Selma, Alabama, sixty thousand dollars. United States post-office and court-house at Colorado Springs, Colo-Colorado Springs, rado, one hundred thousand dollars, of which amount the Secretary of the Treasury is hereby authorized, in his discretion, to expend so much as may be necessary for the acquisition of additional fand for the enlargement of the site heretofore acquired. United States post-office at Meriden, Connecticut, forty thousand dollars. United States post-office and land office at Gainesville, Florida, twenty-five thousand dollars. Meriden, Conn. Gainesville, Fla. Decatur, Ill. United States post-office at Decatur, Illinois, thirty thousand dollars. United States post-office at Crawfordsville, Indiana, fifteen thou- Crawfordsville, Ind. sand dollars. United States post-office at Flint, Michigan, twenty-five thousand dollars. United States post-office at Owosso, Michigan, twenty thousand dollars. Flint, Mich. Owosso, Mich. United States post-office, court-house, and custom-house, at Saint Saint Paul, Minn. Paul, Minnesota, one hundred and fifty thousand dollars. United States post-office at Columbia, Missouri, ten thousand dollars. United States post-office at Nevada, Missouri, ten thousand dollars. United States post-office at Saint Joseph, Missouri, fifty thousand dollars. Columbia, Mo. Reno, Nev. United States post-office at Reno, Nevada, forty thousand dollars. United States post-office at Atlantic City, New Jersey, five thousand Atlantic City, N. J. dollars. United States post-office at Elizabeth, New Jersey, fifty thousand dollars. United States post-office and custom-house at Perth Amboy, New Jersey, seven thousand dollars. United States post-office at Gloversville, New York, six thousand dollars. United States post-office at Ithaca, New York, thirty thousand dollars. United States post-office at Kingston, New York, thirty thousand dollars. Elizabeth, N. J. Perth Amboy, N. J. Gloversville, N. Y. Ithaca, N. Y. Kingston, N. Y. United States post-office at Littlefalls, New York, thirty-five thou- Littlefalls, N. Y. sand dollars. United States post-office at Rochester, New York, sixty thousand dollars. Rochester, N. Y. New York, N. Y. United States custom-house at New York, New York, four hundred and fifty thousand dollars. United States post-office at Saratoga Springs, New York, thirty-five Saratoga Springs, thousand dollars. United States post-office at Winston-Salem, North Carolina, five thousand dollars. United States post-office at Warren, Ohio, thirty thousand dollars. United States post-office at Allentown, Pennsylvania, five thousand dollars. United States post-office at West Chester, Pennsylvania, twenty thousand dollars. United States post-office and court-house at Deadwood, South Dakota, twelve thousand dollars. N. Y. Winston-Salem, N.C. Warren, Ohio. West Chester, Pa. Deadwood, S. Dak. |