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tory other than where manufactured or from any foreign country which may be collected from time to time, under rules and regulations to be prescribed by the Secretary of Agriculture, and under his direction, in various parts of the country. If it shall appear from such examination that any of the provisions of this Act have been violated 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 duly authenticated by the analyst under oath.

Sec. 4. That it shall be the duty of every district attorney to whom the Secretary of Agriculture shall report any violation of this Act to cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such case provided.

DEFINITIONS.

Sec. 5. That the term " drug," as used in this bill, shall include all medicines recognized in the United States Pharmacopoeia and National Formulary and cosmetics for internal or external use. The term "food," as used herein, shall include all articles used for food, candy, drink, or condiment by man or domestic animals, whether simple, mixed, or compound. The term "misbranded," as used herein, shall include all drugs, or articles of food, or articles which enter into the composition of food or condiments, the package or label of which shall bear any statement purporting to name any ingredients or substances as not being contained in such article, which statement shall be false in any particular; or any condiment or food product which is falsely branded as to the State or Territory in which it is manufactured or produced.

ADULTERATIONS.

Sec. 6. That for the purposes of this Act an article shall be deemed to be adulterated

In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity, according to the tests laid down in the United States Pharmacopoeia, official at the time of the investigation.

Second. If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in the National Formulary, it differs from the standard of strength, quality, or purity, according to the tests laid down in said work.

Third. If its strength or purity fall below the professed standard under which it is sold.

Fourth. If it be an imitation of and sold under the specific name of another article.

In the case of food, candy, or drink :

First. If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength, so that such product, when offered for sale, shall deceive or tend to deceive the purchaser.

Second. If any inferior substance or substances has or have been substituted wholly or in part for the article, so that the product, when sold, shall deceive or tend to deceive the purchaser.

Third. If any valuable constituent of the article has been wholly or in part abstracted, so that the product, when sold, shall deceive or tend to deceive the purchaser.

Fourth. If it be an imitation of and sold under the specific name of another article.

Fifth. If it be mixed, colored, powdered, or stained in a manner whereby damage or inferiority is concealed, so that such product, when sold, shall deceive or tend to deceive the purchaser.

Sixth. If it contain any added poisonous ingredient or any ingredient which may render such article injurious to the health of the person consuming it.

Seventh. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when branded so, or is an imitation, either in package or label, of an established proprietary product which has been trade-marked or patented.

Eighth. If it consists of the whole or any part of a diseased, 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 deceased animal, or of an animal that has died otherwise than by slaughter.

Ninth. That candies of domestic manufacture and chocolate of domestic manufacture may be deemed to be adulterated if they contain terra alba, barytes, talc, chrome yellow, or other mineral substances or poisonous colors or flavors, or other ingredients deleterious or detrimental to health: Provided, That an article of food, beverage, condiment, or drug which does not contain any added poisonous ingredients, shall not be deemed to be adulterated 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, beverages or condiments under their own distinctive names, and not included in definition fourth of this section. Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations, or blends. Third. When any matter or ingredient has been added to the food, beverage, or condiment, because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food, beverage, or condiment, or conceal the inferior quality thereof: Provided, That the same shall be labeled, branded, or tagged, as prescribed by the Secretary of Agriculture, so as to show them to be compounds, and the exact character thereof: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods to disclose their trade formulas, except in so far as the provisions of this bill may require to

secure freedom from adulteration or imitation.

Fourth. Where the food, beverage, condiment, or drug is unavoidably mixed with some harmless extraneous matter in the process of collection or preparation : Provided further, That no retailer shall be convicted under the provisions of this Act when he is able to prove a written guaranty of purity, in a form approved by the Secretary of Agriculture, as published in his rules and regulations, signed by the wholesaler, jobber, manufacturer, or other party from whom he purchased said articles. Said guaranty shall contain the full name and address of the party or parties making the sale to the retailer, and said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the retailer under the provisions of this Act.

Sec. 7. That the Secretary of Agriculture is hereby authorized to cause all compounds, mixed, or blended products to be properly branded and prescribe how this shall be done.

Sec. 8. That it shall be the duty of the Secretary of Agriculture to call upon the Association of Official Agricultural Chemists, and such physicians, not less than five, as the President of the United States shall select from the Medical Department of the Army, the Navy, and the United States Marine Hospital, and five chemists to be selected by the American Chemical Society, to determine jointly the standard of all food products (within the meaning of this Act), and when so determined such standards shall guide the chemists of the Department of Agriculture in the performance of the duties imposed upon them by this Act, and shall remain the standards before all courts. It shall be the duty of the Association of Official Agricultural Chemists and the medical officers before mentioned to confer with and consult the duly accredited representatives of all industries for which standards shall be established under the provisions of this Act.

Sec. 9. That every person who manufactures for shipment and delivers for transportation from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, any drug, condiment, beverage, or article of food, and every person who exposes for sale or delivers to a purchaser any drug, condiment, beverage, or article of food received from a State, Territory, or the District of Columbia, other than the State, Territory, or the District of Columbia in which he exposes for sale or delivers such drug, beverages, or article of food, and which article is in the original unbroken package in which the same was received, shall furnish within business hours and upon tender and full payment of the selling price a sample of such drugs, condiments, beverages, or articles of food to any person duly authorized by the Secretary of Agriculture to receive the same, and who shall apply to such manufacturer or vender or person delivering to a purchaser such drug, beverage, or article of food for such sample for such use, in sufficient quantity for the analysis of any such article or articles in his possession. And in the presence of such dealer and an agent of the Department of

Agriculture, if so desired by either party, said sample shall be divided into three parts, and each part shall be sealed by the seal of the Department of Agriculture. One part shall be left with the dealer, one delivered to the chemist of the Department of Agriculture, and one deposited with the United States district attorney for the district in which the sample is taken. Said manufacturer or dealer may have the sample left with him analyzed at his own expense, and if the results of said analysis differ from those of the chemist of the Department of Agriculture, the sample in the hands of the district attorney shall be analyzed at the expense of said manufacturer or dealer by a third chemist, who shall be appointed by the president of the Association of Official Agricultural Chemists of the United States, and the analysis shall be conducted in the presence of the chemist of the Department of Agriculture and the chemist representing the dealer, and the whole evidence shall be laid before the court.

Sec. 10. That any manufacturer or dealer who refuses to comply, upon demand, with the requirements of Section 9 of this Act shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than ten dollars, or imprisonment not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing, or offering for sale, or selling an adulterated, impure, or misbranded article of food, condiment, or drug in violation of the provisions of this Act, shall be adjudged to pay, in addition to the penalties heretofore provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles which said person may have been found guilty of manufacturing, selling, or offering for sale.

Sec. 11. That this Act shall not be construed to interfere with commerce wholly internal in any State, nor with the exercise of their police powers by the several States.

Sec. 12. That any article of food, condiment, or drug that is adulterated within the meaning of this Act, and is transported, or is being transported, from one State to another for sale, or if it be sold or offered for sale in the District of Columbia and the Territories of the United States, shall be liable to be proceeded against in any district court of the United States, within the district where the same is found and seized for confiscation, by a process of libel for condemnation. And if such article is condemned as being adulterated, the same shall be disposed of as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States. The proceedings of such libel cases shali conform, as near as may be, to proceedings of admiralty, except that either party may demand trial by jury of any issue of fact joined in such case, and all such proceedings shall be at the suit of and in the name of the United States.

One of the most radical amendments is that recorded in Section 8, requiring the Secretary of Agriculture to call upon the

Association of Official Agricultural Chemists, five medical officers in the Government services, and five chemists selected by the American Chemical Society to determine jointly the standard of all food products, but there is some doubt as to whether such a law would be constitutional.

Action was taken to make the Congress a permanent body, holding annual meetings, but this society is in no way committed to such action.

CHARLES E. MUNROE,

President.

COUNCIL.

The editor has been directed to send out all copies of the Journal hereafter without trimming. This has been ordered so as to allow greater margin to the pages in binding.

NAMES PRoposed foR MEMBERSHIP.

Babb, Edward E., 61 Myrtle St., Boston, Mass.
Bartlett, Spaulding, Webster, Mass.

Bennett, Frank W., 13 Broad St., Boston, Mass.

Benson, David H., North Weymouth, Mass.

Buffington, Elisha L., 33 Chestnut St., Worcester, Mass.
Busby, Fred. Edward, Mass. Inst. Tech., Boston, Mass.
Clark, Allan Jay, Lead, S. D.

Cottle, George Thurston, 13 Copley St., Roxburg, Mass.
Cowen, George A., 26 Adelaide St., Jamaica Plain, Mass.
Ellms, Joseph Welton, 1545 Blair Ave., Cincinnati, O.
Herrick, Rufus F., 22 Herrick St., Winchester, Mass.
James, G. A., Selby P. O., Contra Costa Co., Cal.

Lorenz, Henry W. F., Ph.D., 57 E. Columbia St., Springfield, O.

Nicholls, George A., Box 926, Deadwood, S. D.

Pratt, Gilbert H., Room 502, State House, Boston, Mass.
Pratt, Dr. Joseph H., Chapel Hill, N. C.

Pugh, A. H., care of A. H. Pugh Co., Walnut St., Cincinnati, Ohio.

Quinan, Kenneth B., Pinole, Contra Costa Co., Cal.

Randall, N. M., care of Md. Steel Co., Sparrows Point, Md.
Schreiber, Fred. T., Ocala Mining Lab., Ocala, Fla.
Spencer, Carl G., 259 Park Ave., Worcester, Mass.

Sylvester, John P., Harvard Chem. Lab., Cambridge, Mass.
Thrasher, Edward G., 18 Lancaster St., Worcester, Mass.
White, Geo. Rantoul, Exeter, N. H.

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