tion and misbranding of food and drug products have either been enacted and are now in force, or are under consideration and likely to be adopted in the near future. Such laws in their purpose and in general requirements as to labeling or branding are similar to the Food and Drugs Act, June 30, 1906, a number of them being drawn to conform closely to the Act. Generally speaking, food or drug products which are labeled or branded in conformity with the requirements of the Act, the rules and regulations and the requirements of the Department of Agriculture, will be found to meet the requirements of the laws of any of the States. The definitions of what constitutes adulteration are substantially the same in the State laws as in the Act. In a few of the States, notably Minnesota, Kansas, Indiana, Illinois, and North and South Dakota, the use of analine colors or coal tar preservatives in food products, particularly confectionery, is strictly prohibited. Certain states also make special requirements regarding the labeling of baking powder and a few other articles. A number of States also make stringent requirements regarding proprietary medicines. APPENDIX. THE FOOD AND DRUGS ACT, JUNE 30, 1906. 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. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person to manufacture2 within any Territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court. SEC. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country* of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited; and any per Pages 1, 36, F. I. D., 44, Page 109; F. I. D. 65, Page 129. 'Page 9, Reg. 31, Page 99. son who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign. country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulterated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export' to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act. SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor3 shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection" and examination1o of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Ter 8, 14, Page 3. "Page 3. Reg. 31, Page 99. Pages 13, 14, 15, Reg. 3, 10 Pages 6, 15, 26, 28, 33, 50, Reg. 4, Page 84. The Food and Drugs Act. 75 ritory of the United States, or which shall be offered for sale in unbroken packages11 in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States. and any foreign port or country. 13 SEC. 4. That the examinations of specimens of foods and drugs12 shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney," with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.15 SEC. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any viola 11 Pages 3. 4. 5. 7, 8, 14, 22, 49, 63, 64, 65. 12 Pages 6, 15, 26, 28, 33, 50. 13 Page 14. Reg. 3, Page 84. 14Page 16, Reg. 5, l'age 85. 15 Page 17, Reg. 6, Page 86. |