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(b) Whenever a corporation or association violates any of the provisions of this Act, such violation shall also be deemed to be a violation of the individual directors, officers, or agents of such corporation or association who personally ordered, or did any of the acts constituting, in whole or in part, such violation,
Sec. 19. (a) Each of the following acts is hereby declared to be a public nuisance :
(1) The repetitious introduction into interstate commerce of any adulterated or misbranded food, drug, or cosmetic.
(2) The repetitious dissemination of any false advertisement by radio broadcast, United States mails, or interstate commerce for the purpose of inducing, directly or indirectly, the purchase of food, drugs, or cosmetics.
(3) The repetitious dissemination of a false advertisement by any means for the purpose of inducing, directly or indirectely, the purchase of food, drugs, or cosmetics in interstate commerce.
(b) In order to avoid multiplicity of criminal or libel for condemnation proceedings, the district courts of the United States are hereby vested with jurisdiction to restrain by injunction, temporary or permanent, any person from continuing any such nuisance. In such injunction proceedings it shall not be necessary to show on the part of such person an intent to continue such nuisance.
(c) Violation of any such injunction may be summarily tried and punished by the court as a contempt. Such contempt proceedings may be instituted by order of the court or by the filing of an information by the United States attorney; and process of the court for the arrest of the violator may be served at any place in the United States or subject to its jurisdiction.
IMPORTS AND EXPORTS
SEC. 20. (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture upon his request, from time to time, samples of food, drugs, and cosmetics which are being imported or offered for import into the United States, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony. If it appears from the examination of such samples or otherwise that (1) any false advertisement of such food, drug, or cosmetic has been disseminated in the United States by the importer or exporter thereof, or any person in privity with him, within three months prior to the date such article is offered for import, or (2) such article has been manufactured, processed, or packed under insanitary conditions, or (3) such article is forbidden or restricted in sale in the country in which it was produced or froń which it was exported, or (4) such article is adulterated or misbranded within the meaning of this Act, then such article shall be refused admission.
(b) The Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any such article refused admission, unless such article is 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 any such article pending examination and decision in the matter on execution of a bond as liquidated damages for the amount of the full invoice value thereof together with the duty thereon, and on refusal to return such article or any part thereof for any cause to the custody of the Secretary of the Treasury when demanded for the purpose of excluding it from the country or for any other purpose, said consignee shall forfeit the full amount of the bond as liquidated damages.
(c) All charges for storage, cartage, and labor on any article which is 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 importations made by such owner or consignee.
(d) A food, drug, or cosmetic intended for export which is not adulterated within the meaning of section 3, paragraph (a) ; section 4, paragraph (a); or section 5 shall not be deemed to be adulterated or misbranded under this Act if it (1) accords to the specifications of the foreign purchaser, (2) complies with the laws of the country to which it is intended for export, and (3) is
labeled on the outside of the package with the words “ For Export." But if such article is sold or offered for sale in domestic commerce, this paragraph shall not exempt it from any of the provisions of this Act.
SEC. 21. The Secretary shall cause to be published periodically a report summarizing all judgments, decrees, and court orders which have been rendered, including the nature of the charge and the disposition thereof. The Secretary shall also cause to be disseminated such information regarding food, drugs, or cosmetics as may be necessary to protect against danger to public health or fraud upon the consumer: Provided, That no such information shall be so disseminated regarding any brand of food, drug, or cosmetic before rendition of final judgment in proceedings against it except in cases involving imminent danger to health or gross deception of the consumer.
GENERAL ADMINISTRATIVE PROVISIONS
SEC. 22. (a) The authority to make regulations for the efficient enforcement of this Act, except as otherwise provided in this section, is hereby vested in the Secretary.
(b) To aid and advise the Secretary in promulgating regulations for the protection of public health, as contemplated by section 3, paragraphs (a) and (d); section 4, paragraph (b); section 5, paragraph (b); section 7, paragraph (g) ; section 8, paragraphs (e), (g), (i), and (j); section 9, paragraph (c); section 10; and section 12, paragraph (a), a Committee on Public Health is hereby provided which shall consist of five members designated by the President with a view to their distinguished scientific attainment and interest in public health and without regard to their political affiliation.
(c) To aid and advise the Secretary in the promulgation of regulations with respect to food as contemplated by section 7, paragraphs (a), (d), and (e); and section 11, a Committee on Food Standards is hereby provided which shall consist of seven members, three of whom shall be selected from the public, two from the food-producing. -processing, and -manufacturing industry, and two from the Food and Drug Administration. The members selected from the public and the food industry shall be appointed by the President without regard to political affiliation, and the members from the Food and Drug Administration shall be designated by the Secretary.
(d) Whenever the Secretary deems that any regulation contemplated by the provisions of this Act enumerated in paragraphs (b) and (c) of this sertion should be established, he shall so advise the appropriate committee. With the approval of a majority of its members, the committee shall recommend to the Secretary a proposed regulation, and the Secretary shall give notice of the proposal and of the time and place of a public hearing to be held thereon not less than thirty days after the date of such notice. After such public hearing the Secretary is authorized to formulate and promulgate such regulation, but no such regulation shall be promulgated without the approval of a majority of the members of the committee. The regulation so promulgated shall become effective on a date fixed by the Secretary, which date shall not be prior to ninety days after its promulgation, and may be amended or repealed in the same manner as is provided for its adoption: Provided, That regulations setting up exemptions pursuant to section 8, paragraph (e), and section 9, paragraph (c) may be promulgated without notice or hearing and shall become effective at such time as the Secretary determines.
(e) The term of office of members of the committees provided by paragraphs (b) and (c) of this section, other than members from the Food and Drug Administration, shall be five years, but the terms of office of such members first appointed shall expire at the end of one, two, three, four, and five years, as shall be designated by the President in their respective appointments. The President shall designate the chairmen of the committees. No person who is a member of the Department of Agriculture or who has a financial interest in the manufacturing, advertising, or sale of any food, drug, or cosmetic shall be eligible to serve on the Committee on Public Health, or as a member from the public on the Committee on Food Standards.
(f) Each committee shall convene at least once each year in the city of Washington at a time to be designated by its chairman, but action by either committee under this section may be taken by the members thereof acting
individually without convening in meeting. In each case in which approval by either committee of a regulation is required under this section, the Secretary shall transmit to each member of such committee a transcript of the record of the public hearing held by him. Members of the committees shall be given due notice of, and may sit with the Secretary or his representatives at all such public hearings relating to the functions of their respective committees. Each committee on its own motion or at the request of the Secretary may advise him of its views on any question concerning the enforcement of this Act.
(g) The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe regulations for the efficient enforcement of the provisions of section 20. Such regulations shall be promulgated in such manner and take effect at such time as the Secretary of Agriculture shall determine.
(h) Hearings authorized or required by this Act shall be conducted by the Secretary or such officer or employee as he may designate for the purpose. In formulating regulations under paragraphs (b) and (c) of this section, the findings of fact by the Secretary shall be conclusive if in accordance with law.
COURT REVIEW OF REGULATIONS
SEC. 23. The district courts of the United States are hereby vested with jurisdiction to restrain by injunction, temporary or permanent, the enforcement by any officer or employee of the Department of Agriculture of any regulation promulgated as provided in section 22 if it is shown that the regulation is unreasonable, arbitrary, or capricious, or not in accordance with law, and that the petitioner will suffer substantial damage by reason of its enforcement : Provided, That the foregoing shall not be deemed to abridge the right of any person against whom a criminal prosecution or suit for injunction shall have been brought under this Act or who shall intervene as claimant in any proceeding of libel for condemnation to plead that the regulation whose violation is alleged as the ground for such prosecution, suit, or libel, is invalid.
SEC. 24. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.
EFFECTIVE DATE AND REPEALS
Sec. 25. (a) This Act shall take effect six months after the date of approval. The Federal Food and Drugs Act of June 30, 1906, as amended (U.S.C., title 21, secs. 1-15), shall remain in force until such effective date, and, except as otherwise provided in this paragraph, is hereby repealed effective upon such date: Provided, That upon the approval of this Act and before its effective date the Secretary is authorized to conduct hearings and to promulgate regulations under the provisions hereof which shall become effective in or after the effective date of this Act as the Secretary shall direct: Provided further, That the Act of March 4, 1923 (U.S.C., title 21, sec. 6; 42 Stat. 1500 ch. 268), defining butter and providing a standard therefor, and the Act of July 24, 1919 (U.S.C., title 21, sec. 10; 41. Stat. 271, ch. 26), defining wrapped meats as in package form, shall remain in force and effect and be applicable to the provisions of this Act.
(b) The provisions of this Act shall not be held to modify or repeal any of the existing laws of the United States except as provided by paragraph (a) of this section.
The CHAIRMAN. The hearing this morning is on S. 2800. That will be the basis for this hearing. However, there are two other bills on the same subject pending before the Committee on Commerce—S. 2355 and S. 2858. Of course, anyone appearing here in opposition to S. 2800 has the privilege of discussing any section of either one of the other bills that he prefers, instead of the one in S. 2800. Naturally, he would also have the right to discuss any original matter that he might care to present in opposition to some clause or paragraph of the bill under consideration.
I am going to request that those who are here for the purpose of appearing before the committee be as brief as possible, and that they direct their remarks to pertinent propositions involved and not try to cover a broad field that really has no relation to the specific matter before us.
(Bills referred to by the chairman are here printed in full, as follows:)
[S. 2355 )
A BILL To prevent the manufacture, sale, or transportation of adulterated or misbranded
or poisonous or deleterious foods, drugs, medicines, cosmetics, and liquors, and for regulating traffic therein, and for other purposes
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 manufacture within any Territory or the District of Columbia any article of food, drug, or cosmetic 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 $300 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 $1,000 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 irticle of food, dug, or cosmetic, which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited ; and any person 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 Distict of Columbia, or to a foreign country, or who shall receive in any State or Territory or the Distict 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 articles 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, drugs, or cosmetics, 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 $200 for the first offense, and upon conviction for each subsequent offense not exceeding $300 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 Agriculture shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods, drugs, and cosmetics manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they will 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 products is offered for interstate commerce, or for export or import between the United States and any foreign port or country.
SEC. 4. That the examinations of specimens of foods, drugs, and cosmetics shall be made in such existing bureau or bureaus in the Department of Agri«Coulture as may be directed by the Secretary 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 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 manufacturer of such article if known, or if unknown to the party who caused said article to be introduced into interstate commerce. 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 manufacturer or such person who introduced the article in interstate commerce, 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.
SEC. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report, any violation of this Act, or to whom any health, or food, or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided.
SEC. 6. The term “ food " includes all substances and preparations used for, or entering into the composition of, food, drink, confectionery, or condiment for man or other animals. The term “drug” includes (1) all substances and preparations recognized in the United States Pharmacopoeia or National Formulary or supplements thereto; and (2) all substances, preparations, and devices. intended for use in the cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) all substances and preparations, other than food, and all devices, intended to affect the structure or any function of the body of man or other animals. The term “ cosmetic” includes all substances and preparations intended for cleansing, or altering the appearance of, or promoting the attractiveness of, the person.
SEC. 7. That for the purposes of this Act an article shall be deemed to be adulterated
In the case of drugs :
First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, or supplements thereto, it differs. from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopæia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopeia or National Formulary: And provided further, That no drug defined in the United States Pharmacopæia or National Formulary, or supplements thereto, shall be deemed to be adulterated under this provision if it complies with the standard of strength, quality, and purity as determined by the test laid down in the United States Pharmacopeia or National Formulary, or supplements thereto, notwithstanding that it may have been made by a modification of the official formula or directions made necessary to meet manufacturing requirements.
Second. If its strength or purity fall below the professed standard or quality under which it is sold.
In the case of confectionery:
If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterous or detri mental to health, or any vinous, malt, or spiritous liquor or compound or narcotic drug.
In the 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: