U. S. C., title 21, sec. 15; title 7,

(f) If the goods are detained subject to conditioning to be performed under the collector's supervision, the collector, as soon as conditions are performed, will notify the importer on customs Form 6523 that the goods are released. If goods are not properly conditioned within the period allowed the goods must be exported or destroyed in accordance with the terms of the notice in F. D. 776.

(g) When intent to violate the act is evident, the privilege of relabeling, cleaning, and similar renovation will not be allowed. Similarly at the discretion of the station chief this privilege will not be allowed in those cases where through carelessness or otherwise shipments in violation of the act are offered for entry when the exporter or importer has been informed in connection with violations in previous shipments. In general when shipments with identical labeling have been detained for relabeling three times, the privilege of relabeling will not be extended.

(h) When the privilege of sorting or renovating shipments is allowed, the importer must furnish satisfactory evidence as to the identity of the goods before release is given. This privilege shall not be granted except as stated conditions agreed to by the importer include segregation of goods at a stated place and apart from other goods of similar nature.

(i) The chief of station or other officer by him appointed when it is deemed advisable, may require of the importer an affidavit as evidence that the goods have been properly disposed of, such affidavit to be executed before a notary public or other officer authorized to administer oaths generally.

Art. 543. Inspection service-Expenses.-(a) Collectors of customs will perform the inspection service whenever goods are to be exported or destroyed, and in other (26244, and 34652 cases when there is no officer of the station available.

sec. 134; title 15, sec. 405.

T. Ds. 25978,

abstract 36121).

T. D. 41457.

(b) Collectors of customs and representatives of the station will confer and arrange the apportionment of the inspection service according to local conditions. Officers of the station will, whenever feasible, perform the inspection service when cleaning, bringing up to standard and like reconditioning operations are involved.

(c) Expenses incurred by the Government for storage, cartage, and labor arising from the detention for inspection and analysis of goods admitted to entry will be

borne by the Government, and bills therefor will be rendered to the Secretary of Agriculture; but all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee. Salaries of Government officers detailed to supervise the exportation of such goods are not within the meaning of the word "labor."

Art. 544. Notice of final action.-When final action has been taken on goods which have been refused entry or on goods release of which is subject to conditions to be performed under the collector's supervision, the collector shall send to the chief of station a notice of such final action, giving the date of release, destruction, or date of export and country to which exported, indorsed on Food and Drug Administration Form F. D. 776.

Art. 545. Shipment to other ports.-When imported merchandise subject to the provisions of the food and drugs act or the insecticide act or the caustic poison act is shipped to another port for reconditioning or exportation, the goods must be shipped under customs carrier's manifest, customs Form 7512, in the same manner as shipments in bond.

Art. 546. Penalties for noncompliance with instructions of chief of station.-(a) In case of failure to comply with the instructions or recommendations of the chief of the station as to the conditions under which the merchandise may be disposed of, the collector shall notify the chief of the station in all cases coming to his attention within three days after inspection or after the expiration of the three months allowed by law if no action is taken.

(b). The chief of the station upon receipt of the abovedescribed notice, and in all cases of failure to meet the conditions imposed in order to comply with the provisions of the food and drugs act or the insecticide act or the caustic poison act coming directly under his supervision, shall transmit to the collector of customs such evidence as he may have at hand tending to indicate the importer's liability and make a recommendation in triplicate accordingly.

(c) The collector, within three days of the receipt of this recommendation, whether favorable or otherwise, shall notify the importer that the legal period of three months for exportation or destruction having expired, action will be taken within 30 days to enforce the terms of the bond, unless in the meantime application for re

mission or mitigation of penalties incurred with definite offer of settlement is filed with the collector. The application should be in triplicate with a full statement of reasons under oath.

(d) The collector shall transmit the application in duplicate, together with his own and the station chief's recommendation, both in duplicate, to the Secretary of the Treasury (Bureau of Customs), for action.

(e) The station chief shall be deemed a customs officer in enforcing these regulations.

PROCEDURE AT NONLABORATORY PORTS

Art. 547. Notification from collector, etc.-(a) At ports of entry where there is no station of the Food and Drug Administration, the collector or deputy, on the day when the first notice of expected shipment is received either by invoice or entry, shall notify the chief of station in whose territory the port is located, on Food and Drug Administration blue card Form "F. D. 755-Notice from Collector Nonlaboratory Ports."

(b) On day of receipt of card F. D. 755, the station chief shall mail to the collector the yellow card "F. D. 757-Notice to Collector Nonlaboratory Ports" if no sample is desired. This notice serves as an equivalent to stamping the invoices at laboratory ports with the legend "No samples desired. Food and Drug Administration, U. S. Dept. of Agriculture."

(c) If samples are desired, the station chief shall mail request on Form "F. D. 783-Nonlaboratory Ports, Request for Samples."

(d) The collector at once shall forward sample accompanied by Food and Drug Administration Form "F. D. 794-Label for Samples" (supplied in tablets of 100), or if found mutually more satisfactory, on the larger Form "F. D. 784-Imports, Description of Samples," which is used at laboratory ports for noting such data.

(e) When samples will be requested from each shipment of certain foods or drugs, insecticides, fungicides, or caustic or corrosive substances, the chief of station shall furnish to collector and deputies at ports within the station's territory a list of such products, indicating size of sample necessary. Samples should then be sent promptly on arrival of goods, with Form F. D. 784 or F. D. 794, dispensing in such cases with use of request Forms F. D. 755 and F. D. 783.

(f) Blank forms mentioned above, "F. D. 755," "F. D. 784," and "F. D. 794-Label for Samples" tablets, will be supplied by the chief of station to the collectors or deputies located at ports within the station's territory.

(g) In all other particulars the procedure shall be the same at nonlaboratory ports as at laboratory ports except that the time consumed in delivery of notices by mail shall be allowed for.

MILK AND CREAM

Art. 548. Importation prohibited except under permit.(a) Under the import milk act of February 15, 1927, the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit therefor from the Secretary of Agriculture. (b) The act provides that at the time of entry such milk and cream shall not exceed a certain temperature and bacteriological count.

(c) The provisions of the act apply to all milk and cream offered for importation into the continental United States. (Department of Agriculture Regulation 2.)

Art. 549. Permits.-(a) This act is enforceable by the Secretary of Agriculture, and customs officers are instructed not to permit any milk or cream to be imported unless the shipper holds a valid permit from the Secretary of Agriculture. Persons desiring to ship milk or cream to the United States should apply to the Food and Drug Administration, Department of Agriculture, for permits, and each can or container of milk or cream will be required to be tagged with the permit number.

(b) Collectors of customs will be furnished with a list of the permittees in their territory and with the permit numbers assigned to each permittee with the date when the permit becomes effective.

(c) Permits become invalid after the end of one year unless applications for renewal are filed prior to the dates of expiration of such permits.

Art. 550. Samples and examination.-Samples are taken from time to time by representatives of the Food and Drug Administration of importations of milk and cream with a view to examination to determining whether or not the requirements regarding temperature and bacterial counts have been met and with a view to the exclusion of shipments which are found not to meet these requirements.

"Meat inspection amendment" act

food and drugs

INSPECTION AND DISPOSITION OF MEAT AND MEAT

FOOD PRODUCTS

Art. 551. Meat and meat food products prohibited or restricted.-Tariff act of 1930, section 306:

(a) If the Secretary of Agriculture determines that rinderpest or foot-and-mouth disease exists in any foreign country, he shall officially notify the Secretary of the Treasury and give public notice thereof, and therafter, and until the Secretary of Agriculture gives notice in a similar manner that such disease no longer exists in such foreign country the importation into the United States * ** * of fresh, chilled, or frozen beef, veal, mutton, lamb, or pork, from such foreign country, is prohibited.

(b) No meat of any kind shall be imported into the United States unless such meat is healthful, wholesome, and fit for human food and contains no dye, chemical, preservative, or ingredient which renders such meat unhealthful, unwholesome, or unfit for human food, and unless such meat also complies with the rules and regulations made by the Secretary of Agriculture. All imported meats shall, after entry into the United States in compliance with such rules and regulations, be deemed and treated as domestic meats within the meaning of and subject to the provisions of the Act of June 30, 1906 (Thirty-fourth Statutes at Large, page 674), commonly called the "Meat Inspection Amendment," and the Act of June 30, 1906 (Thirty-fourth Statutes at Large, page 768), commonly called the "Food and Drugs Act," and Acts amendatory of, supplementary to, or in substitution for such Acts.

(c) The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section, and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all cattle, sheep, and other domestic ruminants, and swine, and of all meats, offered for entry and refused admission into the United States, unless such cattle, sheep, domestic ruminants, swine, or meats be exported by the consignee within the time fixed therefor in such rules and regulations.

Art. 552. Meat and meat food products defined. (a) of June 30, 1906; The term meat and meat food products for the purpose act June 30, 1906, of these regulations shall include any imported article of 211 T. Ds. 33952, food or any imported article which enters into the com

B. A. I. Order

34848, 38119.

position of food for human consumption, which is derived or prepared, in whole or in part, from any portion of the carcass of any cattle, sheep, swine, or goat, if such portion is all or a considerable and definite portion of the article, except such articles as organo-therapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.

Art. 553. Inedible grease, tallow, and fat.-No inedible grease, tallow, or other rendered inedible fat possessing the physical characteristics of an edible product shall be admitted into the United States for industrial use unless it has been first denatured or otherwise destroyed for food purposes and both ends of each container, such as barrels, tierces, or tank cars, etc., are painted white with durable paint and the name of the product and the