stamps, marks, and brands required by this Act, the filled cheese shall be regarded as having been manufactured and sold or removed from the manufactory for consumption or use on or after the day this Act takes effect; and such stock on hand at the time of the taking effect of this Act may be stamped, marked, and branded under special regulations of the Commissioner of Internal Revenue, approved by the Secretary of the Treasury; and the Commissioner of Internal Revenue may authorize the holder of such packages to mark and brand the same and to affix thereto the proper tax-paid stamps.-Approved June 6, 1896. APPENDIX B. UNITED STATES DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY-Circular No. 21. LETTER OF TRANSMITTAL. WASHINGTON, D. C., October 16, 1906. THE SECRETARIES OF THE TREASURY, OF AGRICULTURE, AND OF COMMERCE AND LABOR. Sirs: The Commission appointed to represent your several Departments in the formulation of uniform rules and regulations for the enforcement of the food and drugs act, approved June 30, 1906, has reached a unanimous agreement and respectfully submits the results of its deliberations and recommends their adoption. REGULATION I. 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, shall be known and referred to as "The Food and Drugs Act, June 30, 1906." REGULATION 2. ORIGINAL UNBROKEN PACKAGE. The term "original unbroken package” as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package. FOOD AND DRUGS ACT REGULATIONS. REGULATION 3. COLLECTION OF SAMPLES. (Section 4.) 523 Samples of unbroken packages shall be collected only by authorized agents of the Department of Agriculture; or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose. Samples may be purchased in the open market, and if in bulk the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples. A sample shall be divided into three parts, and each part shall be labeled with the identifying marks. All samples shall be sealed by the collector with a seal provided for the purpose. If the package be less than 4 pounds, or in volume less than 2 quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased or to the party guaranteeing such merchandise. One sample shall be sent to the Bureau of Chemistry, or to such chemist or examiner as may be designated by the Secretary of Agriculture, and the third sample shall be held under seal by the Secretary of Agriculture. REGULATION 4. METHODS OF ANALYSIS. (Section 4.) Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopoeia. REGULATION 5. HEARINGS. (a) When the examination or analysis shows that the provisions of the food and drugs act, June 30, 1906, have been violated, notice of that fact, together with a copy of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in the food and drugs act, June 30, 1906, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture, or such other official connected with the food and drug inspection service as may be commissioned by him for that purpose. The hearings shall be had at a place, to be designated by the Secretary of Agriculture, most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorney and may propound proper interrogatories and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. The Secretary of Agriculture may order a re-examination of the sample or have new samples drawn for further examination. (b) If the examination or analysis be found correct the Secretary of Agriculture shall give notice to the United States District Attorney as prescribed. (c) Any health, food, or drug officer or agent of any State, Territory, or the District of Columbia who shall obtain satisfactory evidence of any violation of the food and drugs act, June 30, 1906, as provided in section 5 thereof, shall first submit the same to the Secretary of Agriculture, in order that the latter may cause notice to be given to the guarantor or to the party from whom the sample was obtained. REGULATION 6. PUBLICATION. (Section 4.) (a) When a judgment of the court shall have been rendered there may be a publication of the findings of the examiner or analyst, together with the findings of the court. (b) This publication may be made in the form of circulars, notices, or bulletins, as the Secretary of Agriculture may direct, not less than thirty days after judgment. (c) If an appeal be taken from the judgment of the court before such publication, notice of the appeal shall accompany the publication. REGULATION 7. STANDARDS for Drugs. (a) A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopoeia or National Formulary, official at the time. (b) A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, and branded to show a different standard of strength, quality, or purity, shall not be regarded as adulterated if it conforms to its declared standard. REGULATION 8. FORMULAS-PROPRIETARY FOODS. (Section 8, last paragraph.) (a) Manufacturers of proprietary foods are only required to state upon the label the names and percentages of the materials used, in so far as the Secretary of Agriculture may find this to be necessary to secure freedom from adulteration and misbranding. (b) The factories in which proprietary foods are made shall be open at all reasonable times to the inspection provided for in Regulation 16. REGULATION 9. FORM OF GUARANTY. (a) No dealer in food or drug products will be liable to prosecution if he can establish that the goods were sold under a guaranty by the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States from whom purchased. (b) A general guaranty be filed with the Secretary of Agriculture by the manufacturer or dealer and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words, "Guaranteed under the food and drugs act, June 30, 1906." (c) The following form of guaranty is suggested: I (we) the undersigned do hereby guarantee that the articles of foods or drugs manufactured, packed, distributed, or sold by me (us) [specifying the same as fully as possible] are not adulterated or misbranded within the meaning of the food and drugs act, June 30, 1906. (Signed in ink.) [Name and place of business of wholesaler, dealer, manufacturer, jobber, or other parties.] (d) If the guaranty be not filed with the Secretary of Agriculture as above, it should identify and be attached to the bill of sale, invoice, bill of lading, or other schedule giving the names and quantities of the articles sold. THE FOOD AND DRUGS ACT. 525 ADULTERATION. REGULATION 10. CONFECTIONERY. (Section 7.) (a) Mineral substances of all kinds (except as provided in Regulation 15) are specifically forbidden in confectionery whether they be poisonous or not. (b) Only harmless colors or flavors shall be added to confectionery. (c) The term "narcotic drugs" includes all the drugs mentioned in section 8, food and drugs act, June 30, 1906, relating to foods, their derivatives and preparations, and all other drugs of a narcotic nature. REGULATION II. SUBSTANCES MIXED AND PACKED WITH FOODS. (Section 7, under "Foods.") No substance may be mixed or packed with a food product which will reduce or lower its quality or strength. Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further processs of manufacture. REGULATION 12. COLORING, POWDERING, COATING, AND STAINING. (Section 7, under "Foods.") (a) Only harmless colors may be used in food products. (b) The reduction of a substance to a powder to conceal inferiority in character is prohibited. (c) The term "powdered" means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder. (d) The term "coated” means the application of any substance to the exterior portion of a food product. (e) The term "stain” includes any change produced by the addition of any substance to the exterior portion of foods which in any way alters their natural tint. REGULATION 13. NATURAL POISonous or DeletERIOUS INGREDIENTS. (Section 7, paragraph 5, under "Foods.") Any food product which contains naturally a poisonous or deleterious ingredient does not come within the provisions of the food and drugs act, June 30, 1906, except when the presence of such ingredient is due to filth, putrescence, or decomposition. REGULATION 14. EXTERNAL APPLICATION OF PRESERVATIVES. · (Section 7, paragraph 5, under “Foods," proviso.) (a) Poisonous or deleterious preservatives shall only be applied externally, and they and the food products shall be of a character which shall not permit the permeation of any of the preservative to the interior, or any portion of the interior, of the product. (b) When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of section 7, paragraph 5, under "Foods," shall not obtain, and such food products shall then be subject to the regulations for food products in general. (c) The preservative applied must be of such a character that, until removed, the food products are inedible. |