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statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent.

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 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 eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, That reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of section three of this act.*

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.

*This section has been amended (Kenyon amendment, 41 Stat. 271) as follows: That the word "package” where it occurs the second and last time in the act entitled "An act to amend section 8 of an act entitled 'An act for preventing the manufacture, sale or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes,' approved March 3, 1913, shall include and shall be construed to include wrapped meats inclosed in papers or other materials as prepared by the manufacturers thereof for sale.

Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend,” as the case may be, 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 mixture 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 requiring 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

Sec. 9. 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.

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 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 cost 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.

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 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.

Sec. 12. That the term “Territory" as used in this act shall include 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, companies, 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.

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.

RULES AND REGULATIONS FOR THE ENFORCEMENT
OF THE FOOD AND DRUGS ACT OF JUNE 30, 1906,
AS AMENDED-ISSUED AUGUST 7, 1922—

DATED JUNE 10, 1922

Regulation 1-Short Title of the Act The act, “For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes," approved June 30, 1906 (34 Stat. 768), as amended by the act approved August 23, 1912 (37 Stat. 416), by the act approved March 3, 1913 (37 Stat. 732), by the act approved July 24, 1919 (41 Stat. 271), and as it may be amended hereafter, shall be known and referred to as the Federal food and drugs act.

Regulation 2-Scope of the Act

The provisions of the act apply to foods and to drugs which have been shipped or delivered for shipment in interstate commerce, or which are exported or offered for export to foreign countries, or which are being transported in interstate commerce for sale or have been transported in interstate commerce, or which have been received from a foreign country, or which are manufactured, sold, or offered for sale in the District of Columbia, Territories of the United States, or insular possessions.

Regulation 3—Collection of Samples and Evidence for Action

Under Sections 1, 2 and 10

(Section 3.)

(a) A sample for examination by or under the direction and supervision of the Bureau of Chemistry shall be collected by—

(1) An authorized agent of the Department of Agriculture.

(2) A health, food, or drug officer of any State, Territory, city, or the District of Columbia, commissioned by the Secretary of Agriculture for this purpose.

(3) An agent of any health, food or drug officer of any State, Territory, city, or the District of Columbia when such agent is authorized by the Secretary of Agriculture through such health, food, or drug officer commissioned by the Secretary of Agriculture for this purpose.

(b) Foods or drugs within the scope of sections 1, 2, and 10 of the act may be sampled wherever found. The sample shall be representative in all cases. A sample of packaged goods shall consist usually of three packages when the individual package is 4 pounds or less in weight or 2 quarts or less in volume. If the goods are in larger packages, one or two packages may suffice, depending on the character of the goods and the nature of the examination to be made. Samples whether from package or bulk goods shall, when practicable, be divided into three parts or subdivisions. All subdivisions shall be properly identified and sealed with a seal provided for the purpose by the Department of Agriculture.

(c) The sample shall be delivered for examination by or under the supervision of the Bureau of Chemistry. Subdivisions of the sample remaining intact after analysis, except when perishable, shall be held under seal. Upon request one subdivision if available shall be delivered to the party or parties interested.

(d) At the time of collection all marks, brands or tags, or accompanying printed or written matter pertaining to the article sampled shall be recorded. The names of the vendor and agent from whom the sample is collected, together with the date of collection, shall also be recorded. All original invoices, bills of lading, freight bills, and other documentary evidence of shipment or sale, or copies thereof, shall be procured from the dealers, carriers, warehousemen, or other persons having possession of such documents.

(e) Records of common carriers and warehousemen shall be examined from time to time for the purpose of obtaining evidence of violations of the Federal food and drugs act.

(f) Establishments in which foods or drugs are prepared in whole or in part for sale in the Territories or the District of Columbia or for transportation in interstate or foreign commerce may be inspected by any authorized agent of the Department of Agriculture.

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