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1353. Duty of district attorneys to prosecute for violations of act. That it shall be the duty of each district attorney to whom 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. (June 30, 1906, sec. 5, 34 Stat. 769; 21 U. S. C.,

1354. Dealers; sellers' guaranty as protection for.—That no dealer shall be prosecuted under the provisions of 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. (June 30, 1906, sec. 9, 34 Stat. 771; 21 U. S. C., sec. 13.)

1355. Seizure of articles for condemnation; disposition; delivery to owner on bond; proceedings.—That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession to another 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. And if such article is condemned as being 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 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 order direct that such articles be delivered to the owner thereof. The 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. (June 30, 1906, sec. 10, 34 Stat. 771; 21 U.S. C., sec. 14.)

1356. Designation of supervisory inspectors of sea food packers; mark for food conforming to act.— The Secretary of Agriculture, upon application of any packer of any sea food for shipment or sale within the jurisdiction of this Act, may, at his discretion, designate inspectors to examine and inspect such food and the production, packing, and labeling thereof. If on such examination and inspection compliance is found with the provisions of this Act and regulations promulgated thereunder, the applicant shall be authorized or required to mark the food as provided by regulation to show such compliance. Services under this section shall be rendered only upon payment by the applicant of fees fixed by regulation in such amounts as may be necessary to provide, equip, and maintain an adequate and efficient inspection service. Receipts from such fees shall be covered into the Treasury and shall be available to the Secretary of Agriculture for expenditures incurred in carrying out the purposes of this section, including expenditures for salaries of additional inspectors when necessary to supplement the number of inspectors for whose salaries Congress has appropriated. The Secretary is hereby authorized to promulgate regulations governing the sanitary and other conditions under which the service herein provided shall be granted and maintained, and for otherwise carrying out the purposes of this section. Any person who forges, counterfeits, simulates, or falsely represents, or without proper authority uses any mark, stamp, tag, label, or other identification devices authorized or required by the provisions of this section or regulations thereunder, shall be guilty of a misdemeanor, and shall on conviction thereof be subject to imprisonment for not more than one year or a fine of not less than $1,000 nor more than $5,000, or both such imprisonment and fine. (June 30, 1906, sec. 10a as added; June 22, 193, 48 Stat. 1204; Aug. 27, 1935, Public 346, 74th Cong.; 21 U. S. C., sec. 14a.)

1357. Examination of samples of imports; refusal of admission and delivery to consignee; charges.—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 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 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. (June 30, 1906, , sec. 11, 34 Stat. 772; 21 U.S.C., sec. 15.)

1358. Introduction into, or sale in, any Territory or District of Columbia of dairy or food products falsely labeled or branded. That no person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any 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, sec. 1, 32 Stat. 632; 21 U. S. C., sec. 16.)

1359. Same; penalty; jurisdiction for prosecution. That if any person or persons violate the provisions of this Act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that 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, sec, 2, 32 Stat. 632; 21 U.S. C., sec. 17.)

1360. Suspension of importation of adulterated articles. That 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 importation of which is so suspended. (Aug. 30, 1890, sec. 4, 26 Stat. 415; 21 U. S. C., sec. 18.)

1361. Apples for shipment in interstate commerce.—That 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 ten 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 one-fourth 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 in transverse diameter. (Aug. 3, 1912, sec. 2, 37 Stat. 250; 21 U. S. C., sec. 20.)

1362. Same; branding grades on barrels.—That the barrels in which apples are packed in accordance with the provision of this Act may be branded in accordance with section two of this Act [21 U. S. C., sec. 20]. (Aug. 3, 1912, sec. 3, 37 Stat. 251; 21 U. S.C., sec. 21.)

1363. Barrels misbranded; apples below standard grade; failure to state variety, locality, and packer.—That barrels packed with apples shall be deemed to be misbranded within the meaning of this Act

First. If the barrel bears any statement, design, or device indicating that the apples contained therein are “ Standard ”grade and the apples when packed do not conform to the requirements prescribed by section two of this Act [21 U. S. C., sec. 20].

Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard ” grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel* marked (Aug. 3, 1912, sec. 5, 37 Stat. 251; 21 U. S. C., sec. 22.)

1364. Penalty for violations of act.—That any person, firm, or corporation, or association who shall knowingly pack or cause to be packed apples in barrels or who shall knowingly sell or offer for sale such barrels in violation of the provisions of this Act shall be liable to a penalty of one dollar and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction. (Aug. 3, 1912, sec. 6, 37 Stat. 251; 21 U. S. C., sec. 23.)

1365. Inspection of American food products for export; certificate issued upon payment of actual cost.-For investigating the character of the chemical and physical tests which are applied to American food products in foreign countries, and for inspecting the same before shipment when desired by the shippers or owners of these products intended for countries where chemical and physical tests are required before the said products are allowed to be sold therein: Provided, That hereafter no certificate of results of any such inspection shall issue unless the owner or his agent shall first pay to the Secretary of Agriculture, at a price to be determined and established by the Secretary, the actual cost of the inspection, the money received to be deposited in the Treasury of the United States as miscellaneous receipts. (Mar. 4, 1915, 38 Stat. 1102; 21 U. S. C., sec. 24.)

TEAS 1366. Importation of tea inferior to standard, prohibited; bond of importer; regulation of use of inferior importation.—It shall be unlawful for

any person or persons or corporation to import or bring into the United States any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards provided in section three of this Act [21 U.S. C., sec. 43], and the importation of all such merchandise is hereby prohibited: Provided, That nothing herein shall affect or prevent the importation into the United States, under such regulations as the Secretary of Agriculture may prescribe, of any merchandise as tea which may be inferior in purity, quality, and fitness for consumption to the standards established by the Secretary of Agriculture, or of any tea waste, tea siftings, or tea sweepings, for the sole purpose of manufacturing theine, caffeine, or other chemical products whereby the identity and character of the original material is entirely destroyed or changed; and that 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 berein provided, under such regulations as may be prescribed by the Secretary of Agriculture. (Mar. 2, 1897, sec. 1, 29 Stat. 604; May 16, 1908, 35 Stat. 163; May 31, 1920, 41 Stat. 712; 21 U. S. C., sec. 41.)

1367. Board of experts; appointment; term; vacancies; compensation.That immediately after the passage of this Act, and on or before February fifteenth of each year thereafter, the Secretary of Agriculture 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; that the persons so appointed shall be at all times subject to removal by the said Secretary, and shall serve for the term of one year; that vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forthwith filled by the Secretary of Agriculture by appointment, such appointee to hold for the unexpired term; that said board shall appoint a presiding officer, who shall be the medium of all communications to or from such board; that each member of said board shall receive as compensation the sum of fifty dollars per annum, which, together with all necessary expenses while engaged upon the duty herein provided, shall be paid out of the appropriation for

expenses of collecting the revenue from customs." (Mar. 2, 1897, sec. 2, 29 Stat. 605; May 31, 1920, 41 Stat. 712; 21 U. S. C., sec. 42.)

1368. Standards of purity; duplicate samples at customhouses and for importers and dealers.—That the Secretary of Agriculture, upon the recommendation of the said board, 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; that said Secretary 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 the first section hereof [21 U. S. C., sec. 41). Mar. 2, 1897, sec. 3, 29 Stat. 605; May 31, 1920, 41 Stat. 712; 21 U. S. C., sec. 43.)

1369. Bonds of importers of teas; examination; importations at ports having no examiner.—That 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

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