DOCUMENTATION

Commercial invoices in duplicate should accompany shipments by freight or express from the United States to the Philippines. This invoice should contain an accurate description of the itemized merchandise, showing the quantity, weight, and value, marks and numbers of packages, and destination of goods. In order to obtain preferential duty-free importation the following certificate of origin should be printed, written, typewritten, or stamped upon the invoice and signed by the shipper:

I hereby certify that the above-described articles are of the growth, product, or manufacture of the United States or its possessions, and that no drawback of import duties has been or will be claimed thereon, and this invoice is true and correct in all particulars.

Both copies of the invoice must be signed.

The usual exporter's declaration required by the United States customs regulations on all goods shipped out of the country is necessary.

SANITARY REQUIREMENTS

Imports of foodstuffs are governed by the foodstuffs act (known as article 17 of the Administrative Code of 1917) and the regulations thereunder, with a special law of July 30, 1929, on canned foods. The usual prohibition against the sale of adulterated or misbranded foods is contained in these laws. All foods which are suspected of being misbranded or adulterated will be sampled and examined by the Health Service. These regulations conform to the general requirements of the American food and drugs act. As a matter of fact, the Philippine Board of Food Inspection has issued as its own decisions many of the decisions of the United States Food, Drug, and Insecticide Administration, using the exact numbers and merely adapting these decisions to the Philippines by change of names of officials, etc. The following United States decisions which have been adapted and issued as effective in the Philippines apply in some way to the sale of canned and preserved foods in those

islands:

No. 52. Forms of labels.

No. 62. Guaranty on imported products.

No. 64. The labeling of sardines.

No. 71. Labeling of succotash.

Nos. 73, 74, and 116. Meat and meat products, etc.

No. 77. Food colors, etc.

Nos. 76, 89, and 104. Benzoate of soda in foods.

Nos. 117, 164, 174, and 180. Colors in foods.

No. 126. Salts of tin in foods.

No. 131. Composition of evaporated milk.

Nos. 135, 138, 142, and 146. Saccharine in foods.

No. 141. Labeling of maraschino cherries.

Nos. 148 and 149. Copper salts in the regreening of foods.

No. 170. Preserved milks.

No. 196. Sauerkraut.

Since the American laws and administrative decisions are well known to the trade, it is not considered necessary to reprint these decisions as adapted to the Philippines in this study.

PHILIPPINE LAWS APPLYING TO CANNED FOODS

FOOD AND DRUGS ACT OF MARCH 10, 1917 14

[Extracts]

SEC. 1108. Title of article.-This article shall be known as the food and drugs act.

SEC. 1109. Terms defined.-"Persons," as herein used, includes corporations, companies, societies, associations, and other commercial or legal entities.

"Food," as herein used, includes all articles, whether simple, mixed, or compounded, which are used for food, drink, confectionery, or condiment by man or other animals.

* * *

SEC. 1110. Imputation of act of agent to principal.-In applying the provisions of this article the act, omission, or failure of any officer, agent, servant, or other representative acting for or employed by any principal shall, if within the scope of the office, agency, or employment, be deemed to be the act, omission, or failure of the principal as well as of the immediate actor.

SEC. 1112. Inhibition against shipment of adulterated or misbranded food or drug.-The introduction into the Philippine Islands from the United States or from any foreign country, or the shipment to the United States or to any foreign country from the Philippine Islands, of any adulterated or misbranded article of food or any adulterated or misbranded drug is prohibited.

SEC. 1113. Inhibition against sale or transfer of adulterated or misbranded food or drug.-It shall be unlawful for any person to sell or offer for sale in the Philippine Islands any adulterated or misbranded article of food or any adulterated or misbranded drug. It shall also be unlawful for any person, after importing or receiving any such article of food or drug from abroad, to transfer or deliver, or offer to transfer or deliver, the same to any other person in an original unbroken package, whether for pay or otherwise.

SEC. 1114. Forfeiture of adulterated or misbranded food or drug.When any adulterated or misbranded article of food or any adulterated or misbranded drug is manufactured in the Philippine Islands or introduced therein from abroad, or when any such article or drug is sold or offered for sale in the Philippine Islands or is intended for export to the United States or a foreign country, the same shall be subject to seizure and forfeiture.

* *

SEC. 1115. When article deemed to be adulterated. For the purposes hereof, an article shall be deemed to be "adulterated": * (c) In 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.

14 Administrative Code of 1917, ch. 37 (Health Service), Art. XVII.

Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health; but 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 preservatives shall be printed on the covering or the package, the provisions of this article shall be construed as applying only when said products are ready for consumption.

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. 1116. When article deemed to be misbranded.-" Misbranded," as herein used, 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 is 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.

For the purposes hereof an article shall also be deemed to be misbranded: * * *

(b) 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 acetanilide 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; but reasonable variation shall be permitted, and tolerances and also exemptions as to small packages shall be established by proper regulation.

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 is false or misleading in any particular.

SEC. 1117. Reservation in favor of certain articles of food.-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.

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. The term "blend," as here used, 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.

SEC. 1120. Reservation in favor of dealer protected by guaranty of original vendor.-No dealer shall be prosecuted for a violation of the provisions of this article when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the Philippine Islands, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of the food and drugs 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 otherwise attach, in due course, to the dealer.

SEC. 1121. Regulations for enforcement of food and drugs act.— With the approval of the secretary of public instruction, the director of health, the insular collector of customs, and the collector of internal revenue shall make and promulgate regulations for the enforcement of the food and drugs act. In such regulations provision shall be made for the collection of samples of foods and drugs for examination.

SEC. 1122. Board of food and drug inspection.-There shall be a board, to be known as the board of food and drug inspection, consisting of such number of persons as may be thereunto designated from the government service by the governor general.

It shall be the duty of this board, conformably with law and regulations, to give hearings and conduct investigations relative to matters touching the administration of the food and drugs act, to investigate processes of food manufacture, and to submit reports to the director of health recommending food and drug standards for adoption. Said board shall also perform such additional functions, properly within the scope of the administration thereof, as may be assigned to it by the director of health.

The decisions of the board shall be advisory to the director of health.

SEC. 1123. Examination for determining character of goods.-The technical examination of samples of foods and drugs made for the purpose of ascertaining whether the same are adulterated or misbranded shall be conducted in the bureau of science or under the direction and supervision of the director of the bureau of science. The report of the person making such examination shall be verified by oath when the article examined is found to be obnoxious to the provisions hereof.

SEC. 1124. Opportunity for hearing before board.-When it appears to the director of health from the report of the examining chemist or otherwise that any article of food or any drug is adulterated or misbranded, he shall cause notice thereof to be given to the person or persons concerned, and such person or persons shall be given an opportunity to be heard before the board of food and drug inspection and to submit evidence impeaching the correctness of the finding or charge in question.

SEC. 1125. Institution of criminal prosecution.-When a violation of any provision of the food and drugs act comes to the knowledge of the director of health of such character that a criminal prosecution ought to be instituted against the offender, he shall certify the facts to the attorney general, through the secretary of public instruction, together with the chemist's report, the finding of the board of food and drug inspection, or other documentary evidence on which the charge is based.

SEC. 1126. Judicial proceedings for condemnation of forfeited articles. Judicial proceedings for the condemnation of articles or goods subject to seizure and forfeiture under the provisions hereof shall be instituted by the proper prosecuting officer in the court of first instance of the judicial district within which the goods may be found; and when their obnoxious character has been established, an order of condemnation shall be entered by said court, and the goods shall be disposed of by destruction or by sale for industrial or other lawful use, as the court may direct. If a sale is made, the proceeds, less the legal costs and charges, shall be paid into the insular treasury. SEC. 1127. Owner's bond.-Upon the payment of costs in a proceeding under the preceding section and upon 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 law, the court may by order direct that such articles be delivered to the owner thereof.

SEC. 1128. Attempted importation of obnoxious articles.-When adulterated or misbranded articles of foods or drugs are being imported into the Philippine Islands or offered for import, the insular collector of customs shall seize the same, and after their obnoxious character has been verified by chemical examination or otherwise, as the case may require, he shall exclude the goods from admission and refuse delivery to the consignee.

The consignee in such case shall be at liberty to ship the goods away from the Philippine Islands, if not an immediate menace to the public health, within three months from the date of notice of such refusal, under regulations prescribed by the insular collector; and if such exportation be not made within said period, the insular collector shall dispose of the goods by destruction or by sale for industrial or other lawful use.

All charges for storage, cartage, and labor on goods of which delivery is thus withheld shall be paid by the owner or consignee, and in default of payment the obligation therefor, if not satisfied from the proceeds of sale hereunder, shall constitute a lien against any future importation made by such owner or consignee.

SEC. 1129. Forthcoming bond.-The insular collector of customs may deliver to the consignee such goods pending examination and

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