Mr. ABBOTT. I will, sir.

(The bill referred to was subsequently furnished, and is here printed in full, as follows:)

PROPOSED FEDERAL FEED LAW.

The proposed new Federal feedstuffs act is the work of five delegates appointed from four associations interested in this subject and which are as follows: Association of Feed Control Officials of the United States, Millers' National Federation, Interstate Cottonseed Crushers' Association, and the American Feed Manufacturers' Association. This proposed new bill was given the unanimous indorsement of the five men attending the conference at Chicago on May 22. These men were Dr. C. D. Woods, director of the agricultural experiment station, State of Maine, and who is also chairman of the executive committee of the Association of Feed Control Officials of the United States; J. D. Turner, head of the feed division, agriculture experiment station, State of Kentucky, and president of the Association of Feed Control Officals of the United States; W. G. Crocker, Washburn-Crosby Co., Minneapolis, Minn., chairman of the legislative and uniform feed law committee of the Millers' National Federation; Julien E. Brode, Memphis, Tenn., representing the Interstate Cottonseed Crushers' Association; G. A. Chapman, Quaker Oats Co., Chicago, Ill., president of the American Feed Manufacturers' Association. The proposed new law was unanimously indorsed by the American Feed Manufacturers' Association at its meeting in Chicago, May 23 and 24, and as the members of the executive committee of the Association of Feed Control Officials of the United States, the appointed delegates from the Millers' National Federation, and Mr. Brode, representing the Interstate Cottonseed Crushers' Association, gave unanimous indorsement to the bill there is little doubt but what it will have the most careful attention of the Interstate Commerce Committee of the United States Senate.

AN ACT For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious commercial feeding stuffs, 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:

SECTION 1. It shall be unlawful for any person to manufacture within any Territory or the District of Columbia any commercial feeding stuffs 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 shall, upon conviction thereof, be fined not to exceed $500 for the first offense, and upon conviction for each subsequent offense be fined not to exceed $1,000, or sentenced to imprisonment for not to exceed one year, 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 commercial feeding stuffs 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 District of Columbia, or to any 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 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 any Territory of the United States any such adulterated or misbranded commercial feeding stuffs, 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 articles 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 provisins of this act.

SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of commercial feeding stuffs manufactured or offered for Isale 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 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 feed control official of any State, Territory, or the District of Columbia, or by the director of the experiment station 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.

SEC. 4. That the examination of specimens of commercial feeding stuffs 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 examination 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 are 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 resuls 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 director of experiment station or chief feed-control official of any State, Territory, or the District of Columbia shall present satisfactory evidences 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 cases herein provided.

SEC. 6. That the term "commercial feeding stuffs" as used in this act shall include all feeding stuffs used for feeding live stock and poultry.

SEC. 7. That for the purposes of this act a commercial feeding stuffs shall be deemed to be adulterated:

First. If its strength, composition, or purity falls below the professed standard or quality under which it is sold.

Second. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Third. If any substance has been substituted wholly or in part for the article. Fourth. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

Fifth. If it contains any substance or substances which may be injurious to the health of live stock or poultry.

Sixth. If it consists in whole or in part of a filthy, decomposed, mouldy, or putrid animal or vegetable substance.

SEC. 8. That for the purposes of this act a commercial feeding stuff shall be deemed to be misbranded:

First. If it be an imitation of or offered for sale under the name of another article.

Second. If it be labeled or branded so as to deceive or mislead the purchaser. Third. If the package containing it or its label or any advertising matter accompanying the package or any advertising matter intended to be used in connection with the sale of the article shall bear any statement, design, or device regarding the article or the ingredients or substances contained therein, or

regarding the physiological or therapeutic action of such article or ingredients or substances contained therein, which statement, design, or device shall be false or misleading in any particular.

Fourth. If every lot or package of commercial feeding stuffs does not have affixed in a conspicuous place on the outside thereof a plainly printed statement in the English language clearly and truly giving the number of net pounds in the package; the name, brand, or trade-mark under which the article is sold; the name and principal address of the manufacturer or person responsible for placing the feeding stuffs on the market; a chemical analysis stating the maximum percentage of crude fiber, the minimum percentage of crude fat, and the minimum percentage of crude protein (allowing one per cent of nitrogen to equal six and one-fourth per cent of protein) which it contains, all three constituents to be determined by the methods adopted at the time by the association of official agricultural chemists of North America; if the feeding stuffs is a compound feed, the name of each ingredient contained therein; and if artificially colored, the name of the material used for that purpose: Provided, however, that the provisions of the foregoing paragraph of the law designated section eight, fourth paragraph, do not apply to the whole seeds or grains sold as such and the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir and milo, whole hay, whole straws, cottonseed hulls, and corn stover when unmixed with other materials. SEC. 9. That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this 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 attach in due course to the dealer under the provisions of this act.

SEC. 10. That any commercial feeding stuffs that is adulterated or misbranded within the meaning of this act and is being transported from one State, Territory, district, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or any insular possession of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district wherein the same is found and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, within the meaning of this act, the same shall be disposed of by destruction or sale 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, but such goods shall not be sold in any jurisdiction contrary to the provisions of this act or the laws of that jurisdiction:Provided, however, That upon the payment of the costs of such libel proceedings and 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 the provisions of this act or the laws of any State, Territory, or district the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except their either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States.

SEC. 11. That the Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request, from time to time, samples of commercial feeding stuffs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of such samples that any commercial feeding stuffs offered to be imported into the United States is adultered or misbranded within the meaning of this act, or is otherwise dangerous to the health of the live stock or poultry of the United States, or is of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any

goods refused delivery which shall not be 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 such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause, to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purposes, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and labor on goods which are 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 importation made by such owner or consignee. SEC. 12. That the term "Territory," as used in this act shall include the District of Alaska and the insular possessions of the United States. The word "person" as used in this act, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of this employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association, as well as that of the other person.

SEC. 13. That this act shall be in force and effect from and after the day of

The CHAIRMAN. Do you happen to remember what officials of the Department of Agriculture had to do with the preparation of this bill or its indorsement?

Mr. ABBOTT. I can not tell you. I was not as intimately associated with our association at that time as I am to-day.

Senator SMITH of South Carolina. Mr. Abbott, what Federal regulation is there now in reference to protecting the public against the adulteration of feed stuffs, such as is contemplated in this amendment?

Mr. ABBOTT. The present Federal pure-food law of 1906, I understand, very amply covers that point of adulteration, of misbranding, of allowing any putrid foodstuffs or matter of that kind to enter into feeds in interstate commerce.

Senator SMITH of South Carolina. Is there any provision in the existing law that would protect the consumer or the purchaser from the adulteration contemplated in this proposed amendment? In other words, could a manufacturer of concentrated feed adulterate it with foreign matters enumerated in the Gore amendment and not be liable under the law?

Mr. ABBOTT. Understand, Senator, some of the foreign matter that you speak of in the Gore amendment we can not acknowledge to be foreign matter, or at least undesirable feed stuffs. In fact, it would rather appear to us from the Senator's own statement that it was not his intention that they should all be barred.

Senator SMITH of South Carolina. Well, as far as concerns anything in this enumeration that should be barred, is there any law that would penalize one for the use of them?

Mr. ABBOTT. If a representative of the Bureau of Chemistry were present, he no doubt could give you quite a comprehensive answer to your question. I think that the law does cover the question of willful adulteration with such things as are harmful or deleterious. That is specifically mentioned in the pure-food law, as it refers to food both for human beings as well as for animals.

Senator SMITH of South Carolina. I am not familiar with the law, and I am trying to get at whether or not there is any law that would protect the purchaser of concentrated foods from harmful adulteration, which is sought to be done by the Gore amendment.

Mr. ABBOTT. In addition to the restrictions of the Federal purefood act, as stated in our brief, there are 42 States that have some regulations covering the matter.

Representative LEVER. Answering Senator Smith's question, let us see if this, in Mr. Abbott's judgment, covers the matter he has in mind. Section 6 of the pure food and drugs act defines drugs, and then defines food in this language [reading]:

The term food as used herein shall include all articles used for food, drink, confectionery, or condiment by men or other animals, whether simple, mixed, or compound.

Mr. ABBOTT. It does cover all deleterious substances.

Representative LEVER. Does it cover the proposition of sawdust, for instance? Is that deleterious?

Mr. ABBOTT. In my judgment, I should consider that it is, when mixed..

Senator SMITII of Georgia. There is not any doubt about it. Certainly sawdust is not a good food for animals.

Mr. ABBOTT. Unless you can obtain testimony which will prove my statements wrong. In my judgment it is not a good food. Of course, animals are known to nibble trees and their stalls and things of that kind, but I am not in favor of sawdust.

Senator SMITH of Georgia. But it does not help them to nibble on their stalls, does it?

Mr. ABBOTT. Understand, Senator, I am not trying to uphold any such item as that.

Senator SMITH of Georgia. I have not any patience with any doubt about its being objectionable.

Representative LEVER. I think there is some doubt about it. Water is not deleterious to animals, is it?

Mr. ABBOTT. No, sir.

Representative LEVER. Senator Gore brings to the attention of the committee here a proposition-what was that statement?

The CHAIRMAN. A farmer bought a carload of 20 tons of mixed feeds, and the analysis made by Dr. Kellogg, of the Pennsylvania Experiment Station, developed that there were 3 tons of water in those 20 tons of alleged feeds. Now, I do not think that water is either harmful or deleterious.

Representative LEVER. Mr. Abbott, is there anything in the Federal law anywhere that could cover a case of that kind?

Mr. ABBOTT. In the first place, Congressman Lever, all feedstuffs of a desirable character and in a condition to be properly transported and used as articles of feed must necessarily have a certain moisture content.

Representative LEVER. Undoubtedly.

Mr. ABBOTT. That moisture content runs from 11 to 15 or 16 per cent in what you would ordinarily term a dry and desirable feedstuff. In the matter of corn, unfortunately, this last year the Lord did not see to it that our corn crop was cured as well as it might have been, and there was transported in interstate commerce many millions of bushels of corn which contained vast amounts of water.