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DENATURED ALCOHOL REGULATIONS.

Officially Promulgated October 8, 1906.

The following sections are of interest to our readers and friends, and are printed for their information.

The first section of the regulations is of interest chiefly to distillers who propose to engage in the production of denatured alcohol. The character of the general denaturing agent is set forth as follows:

"Sec. 26. Unless otherwise specially provided, the agents used for denaturing alcohol withdrawn from bond for denaturing purposes shall consist of methyl alcohol and benzine in the following proportions: To every one hundred parts by volume of ethyl alcohol of the desired proof (not less than 180 deg.) there shall be added ten parts by volume of approved methyl alcohol and one-half of one part by volume of approved benzine; for example, to every 100 gallons of ethyl alcohol (of not less than 180 degrees proof) there shall be added 10 gallons of approved methyl alcohol and gallon of approved benzine. Alcohol thus denatured shall be classed as completely denatured alcohol.

"Methyl alcohol and benzine intended for use as denaturants must be submitted for chemical test and must conform to the specifications which shall be hereafter duly prescribed."

Dealers in Denatured Alcohol and Manufacturers Using Denatured Alcohol.

Sec. 58. Alcohol denatured by use of methyl alcohol and benzine as provided in Section 26 of these regulations is to be classed as completely denatured alcohol. Alcohol denatured in any other manner will be classed as specially denatured alcohol.

Denatured Alcohol Not to be Stored on Certain Premises, and Not to be Used for

Certain Purposes.

Sec. 59. Neither completely nor specially denatured alcohol shall be kept or stored on the premises of the following classes of persons, to wit: Dealers in wines, fermented liquors or distilled spirits, rectifiers of spirits; manufacturers of and dealers in beverages of any kind, manufacturers of liquid medicinal preparations, or distillers (except as to such denatured alcohol in stamped packages as is manufactured by themselves), manufacturers of vinegar by the vaporizing process and the use of a still and mash, wort or wash, and persons who, in the course of business, have or keep distilled spirits, wines, or malt liquors, or other beverages stored on their premises. Provided, that druggists are exempt from the above provisions. Cannot Be Used in Manufacturing Beverages, etc.

Sec. 60. Anyone using denatured alcohol for the manufacture of any beverage or liquid medicinal preparation, or who knowingly sells any beverage, or liquid medicinal preparation made in whole or in part from such alcohol, becomes subject to the penalties prescribed in Section 2 of the act of June 7, 1906.

Under the language of this law it is held that denatured alcohol cannot be used in the preparation of any article to be used as a component part in the preparation of any beverage or liquid medicinal preparation.

Permits Required.

Sec. 61. Persons who wish to deal in completely denatured alcohol must secure permits from the collector of internal revenue of the district in which the business is to be carried on.

Every person who sells or offers for sale denatured alcohol in the original stamped package shall be classed as a wholesale dealer in denatured alcohol, and denatured alcohol shall not be sold in quantities of 5 gallons or more except in the original stamped packages.

Every person who sells or offers for sale denatured alcohol in quantities of less than 5 gallons shall be classed as a retail dealer in denatured alcohol.

The same person may be both a wholesale and a retail dealer, but the retail and the wholesale business will be considered separate, and permits must be secured for each.

Collectors are authorized to issue permits on the forms herein prescribed upon application duly made. Said permits are to be numbered serially in the same manner in which special tax stamps are now numbered, and are to be on the forms herein prescribed.

Application for Permit to be Filed With Collector.

Sec. 62. A person, firm or corporation desiring to secure a permit to sell denatured alcohol must make application on the form prescribed by the Commissioner of Internal Revenue.

In the case of individuals the application must be signed and sworn to either by the individual himself or by his duly authorized attorney in fact, and either a general power of attorney or a power specially authorizing the attorney in fact to act must accompany the application.

In the case of corporations the application must be signed and sworn to by the duly authorized officer or agent of the corporation, and a certified copy of the minutes of the board of directors authorizing the party, either generally or specially, to perform the act must accompany the application.

Permits Expire June 30, Each Year.

Sec. 63. Application to deal in denatured alcohol must be made to the collector of internal revenue of the district in which it is proposed to do business on or before the first day of July of each year, or before any denatured alcohol is received on the premises,

and said application will expire on the 30th of June forwarded to the collector of internal revenue of the ensuing.

In case a dealer in denatured alcohol moves his place of business before the expiration of the fiscal year for which the permit was issued he must make application for the transfer of his permit to the place to which he moves.

Permits to be Canceled under Certain Conditions.

Sec. 64. If it should appear on proper showing made at any time that the party to whom a permit to deal in denatured alcohol has been issued has wilfully violated any of the provisions of the law or regulations relating to the using or handling of denatured alcohol, it shall be the duty of the collector of internal revenue to cancel the permit.

Appeal for rehearing may be made to the Commissioner of Internal Revenue in any case where a permit has been canceled, and the Commissioner may, if he thinks the facts justify it, reverse the action of the collector in canceling the permit.

Form of Permit.

Sec. 65. The collector's permit will be in the form prescribed by the bureau.

Collectors to Keep Record of Dealers,

Denaturers, etc.

Sec. 66. Collectors shall keep a record (Book Form 10a) in which shall be entered the names of all distillers who have qualified as denaturers of alcohol in the district, and the names of all wholesale and retail dealers in denatured alcohol; also manufacturers using specially and those using completely denatured alcohol. Said record shall show the name of the party, his residence and the date, number and whether he is a dealer, distiller or manufacturer. This record shall be open to public inspection.

Assistance to be Furnished Officers.

Sec. 71. Dealers in denatured alcohol shall keep the permits issued to them posted in a conspicuous place. They must furnish internal revenue officers or agents the help and all the facilities necessary to handle the packages of denatured alcohol when said officers are making inspections.

Retail Dealers to Keep Record.

Sec. 72. Retail dealers in denatured alcohol shall keep a record, in which they shall enter the date upon which they receive any package or packages of denatured alcohol, the person from whom received, the serial numbers of the packages, the serial numbers of the denatured alcohol stamp, the wine and proof gallons, and the date upon which packages are opened for retail.

The transcript of each month's business as shown by this record must be prepared, signed and sworn to and

district in which the dealer is located before the 10th of the following month. This transcript must be signed and sworn to by the dealer himself or by his duly authorized agent.

Labels to be Placed on Retail Packages.

Sec. 73. Retail dealers in denatured alcohol must provide themselves with labels upon which the words "Denatured Alcohol" have been printed in plain, legible letters. The printing shall be red on white. A label of this character must be affixed by the dealer to the container, whatever it may be, in the case of each sale of denatured alcohol made by him.

Stamps to be Destroyed When Package is Empty.

Sec. 74. As soon as the stamped packages of denatured alcohol are empty the dealer or manufacturer, as the case may be, must thoroughly obliterate and completely destroy all marks, stamps and brands on the packages.

The stamps shall under no circumstances be reused, and the packages shall not be refilled until all the marks, stamps and brands shall have been removed and destroyed.

Every Facility for Examination to be Afforded

Officers.

Sec. 77. Denaturers of alcohol, dealers in denatured alcohol and persons who use it must afford every facility to revenue officers and employes whose duty it is to make investigation as regards such alcohol. The premises upon which the alcohol is denatured or sold or in any manner handled must be open at all hours of the day or night (if the same should be necessary) to revenue agents, inspectors and deputy collectors; and all books, papers or records of every kind, character or description relating to the alcohol handled by such persons must be submitted to any revenue officer for inspection and the officer must be permitted to make transcripts or copies of such books or papers provided in the discharge of his duty he finds it nec

essary.

Officer to Take Samples.

Sec. 78. Should any revenue officer for any reason suspect that any beverage or liquid medicinal preparation contains denatured alcohol, he must secure samples of the suspected goods and forward them to his superior officer, who will forward them to the proper chemist for analysis. Such samples should be so marked as to identify them. Any internal revenue officer is authorized to take samples of denatured alcohol, wherever found, and at such times as it may be deemed necessary, said samples to be submitted to the proper official for examination. These samples will, under no circumstances, be more than will be needed for analysis or examination.

Rules and Regulations for the Enforcement of the Food and Drugs Act. UNITED STATES DEPARTMENT OF

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Regulation 1.-Short Title of the Act. The 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," approved June 30, 1906, shall be known and referred to as: "The Food and Drugs Act, June 30, 1906. Regulation 2.-Original Package. (Section 2.)

The term "original package” as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturers to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated by this act includes both the wholesale and the retail package.

Regulation 3.-Collection of Samples. Samples of broken packages shall be collected only by authorized agents of the Department of Agriculture; or by the health, food or drug officer of any State, Territory or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose.

Samples may be purchased in the open market, and if in bulk the marks, brands or tags upon the package, carton, container, wrapper or accompanying printed or written matter shall be noted. The collector shall also note the names of the vender and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples.

A sample shall be divided into three parts, and each part shall be labeled with the identifying marks. All samples shall be sealed by the collector with a seal provided for the purpose. If the package be less than four pounds, or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each noted as

above. One sample shall be delivered to the party from whom purchased or to the party guaranteeing such merchandise. One sample shall be sent to the Bureau of Chemistry, or to such chemist or examiner as may be designated by the Secretary of Agriculture, and the third sample shall be held under seal by the Secretary of Agriculture.

Regulation 4.-Methods of Analysis.

(Section 4.)

Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopœia.

Regulation 5.-Hearings. (Section 4.)

(a) When the examination or analysis shows that the provisions of this act have been violated, notice of that fact, together with a copy of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in the act, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture, or such other official connected with the food and drug inspection service as may be commissioned by him for that purpose. The hearings shall be had at a place, to be designated by the Secretary of Agriculture, most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorney and may propound proper interrogatories and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. The Secretary of Agriculture may order a re-examination of the sample or have new samples drawn for further examination. (b) If the examination or analysis be found correct, the Secretary of Agriculture shall give notice to the United States District Attorney as prescribed.

(c) Any health, food or drug officer or agent of any State, Territory or the District of Columbia who shall obtain satisfactory evidence of any violation of the food and drugs act, as provided in section 5 of the act, shall first submit the same to the Secretary of Agriculture, in order that the latter may cause notice thereof to be given to the guarantor or to the party from whom the sample was obtained, as provided in section 4 of the act.

Regulation 6.-Publication.
(Section 4.)

(a) When a judgment of the court shall have been rendered there may be a publication of the findings of the examiner or analyst, together with the findings of the court.

(b) This publication may be made in the form of circulars, notices or bulletins, as the Secretary of

Agriculture may direct, not less than thirty days after judgment.

(c) If either party appeals from the judgment of the court before such publication, notice of the appeal shall accompany the publication.

Regulation 7.-Standards for Drugs.
(Section 7.)

(a) A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopoeia or National Formulary official at the time. (b) A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, and branded to show a different standard of strength, quality or purity, shall not be regarded as adulterated if it

conforms to its declared standard.

Regulation 8.-Formulas-Proprietary Foods.

(Section 8, last paragraph.)

(a) Manufacturers of proprietary foods are only required to state upon their label the names and percentages of the materials used, in so far as the Secretary of Agriculture may find to be necessary to secure freedom from adulteration and misbranding.

(b) The factories in which proprietary foods are made shall be open at all reasonable times to the inspection provided for in regulation 16.

Regulation 9.-Form of Guaranty.
(Section 9.)

(a) No dealer in food or drug products will be liable to prosecution if he can establish that the goods were sold under a guaranty by the manufacturer or dealer from whom purchased.

(b) A general guaranty may be filed with the Secretary of Agriculture by the manufacturer or dealer and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words, "guaranteed under the food and drugs act, June 30, 1906."

(c) The following form of guaranty is suggested:

I (we) the undersigned do hereby guarantee that the articles of foods or drugs manufactured, packed, distributed, or sold by me (us) [specifying the same as fully as possibly], are not adulterated or misbranded within the meaning of the food and drugs act, June 30, 1906.

(Signed in ink.)

[Name and place of business of dealer, manufacturer or agent.]

(d) If the guaranty be not filed with the Secretary of Agriculture as above, it should identify and be attached to the bill of sale, invoice, bill of lading, or other schedule giving the names and quantities of the articles sold.

ADULTERATION.

Regulation 10.-Confectionery.
(Section 7.)

(a) Mineral substances of all kinds (except as pro

vided in regulation 15) are specifically forbidden in confectionery whether they be poisonous or not.

(b) Only harmless colors or flavors shall be added to confectionery.

(c) The term "narcotic drugs," includes all the drugs mentioned in section 8, relating to foods, their derivatives and preparations, and all other drugs of a narcotic nature.

Regulation 11.-Substances Mixed and Packed With Foods.

(Section 7, under "Foods.")

No substance may be mixed or packed with a food product which will reduce or lower its quality of strength. Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further process of manufacture. Regulation 12.-Coloring, Powdering, Coating and

Staining.

(Section 7, under "Foods.")

(a) Only harmless colors may be used in food products.

(b) The reduction of a substance to a powder to conceal inferiority in character is prohibited.

(c) The term "powdered" means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder.

(d) The term "coated" means the application of any substance to the exterior portion of a food product.

(e) The term "stain" includes any change produced by the addition of any substance to the exterior portion of foods or drugs which in any way alters their natural tint.

Regulation 13.-Natural Poisonous or Deleterious

Ingredients.

(Section 7, paragraph 5, under "Foods.") Any food product which contains naturally a poisonous or deleterious ingredient does not come within the provisions of the food and drugs act, except when the presence of such ingredient is due to filth, putrescence, or decomposition.

Regulation 14.-External Application of Preserva

tives.

Section 7, paragraph 5, under "Foods," proviso.) (a) Poisonous or deleterious preservatives shall only be applied externally, and they and the food products shall be of a character which shall not permit the permeation of any of the preservative to the interior, or any portion of the interior, of the product.

(b) When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of section 7, paragraph 5, under "Foods, shall not obtain, and such food products shall then be subject to the regulations for food products in general.

(c) The preservative applied must be of such a character that, until removed, the food products are inedible.

Regulation 15.-Wholesomeness of Colors and Preservatives.

(Section 7, paragraph 5, under "Foods.").

(a) Respecting the wholesomeness of colors, preservatives and other substances which are added to foods, the Secretary of Agriculture shall determine from chemical or other examination, under the authority of the Agriculture App. Act, Public No. 382, approved June 30, 1906, the names of those substances which are permitted or inhibited in food products; and such findings, when approved by the Secretary of the Treasury and the Secretary of Commerce and Labor, shall become a part of these regulations.

(b) The Secretary of Agriculture shall determine from time to time, in accordance with the authority conferred by the agricultural appropriation act, public 382, approved June 30, 1906, the principles which shall guide the use of colors, preservatives and other substances added to foods; and when concurred in by the Secretary of the Treasury and the Secretary of Commerce and Labor, the principles so established shall become a part of these regulations.

Regulation 16.—Character of the Raw Materials.

(Section 7, paragraph 6, under "Foods.")

(a) The Secretary of Agriculture, when he deems it necessary, shall examine the raw materials used in the manufacture of food and drug products, and determine whether any filthy, decomposed or putrid substance is used in their preparation.

(b) The Secretary of Agriculture shall make such inspections as often as he may deem necessary.

MISBRANDING.

Regulation 17.-Label.

(Section 8.)

(a) The term "label" applies to any printed, pictorial or other matter upon or attached to any package of food or drug product or any container thereof.

(b) The principal label shall consist, first, of all words which the food and drugs act specifically require, to wit, the name of the substance or product; the name of place of manufacture in the case of food compounds or mixtures; words which show that the articles are compounds, mixtures or blends; the words "compound," "mixture" or "blend," or words designating the substances or their derivatives and proportions required to be named in the case of drugs and foods. All these required words shall appear upon the principal label with no intervening descriptive or explanatory reading matter. Second, if the name of the manufacturer and place of manufacture are given, they shall also appear upon the principal label. Third, elsewhere upon the principal label other matter may appear in the discretion of the manufacturer.

(c) The principal label on foods or drugs for domestic commerce shall be printed in English (except as provided in Regulation 19), with or without the foreign label in the language of the country where the food or food product is produced or manufactured. The size of type shall be no smaller than 8-point

(brevier) caps: Provided, That in case the size of the package will not permit the use of 8-point cap type the size of the type may be reduced proportionately.

(d) The form, character and appearance of the labels, except as provided above, are left to the judgment of the manufacturer.

(e) Descriptive matter upon the label shall be free from any statement, design or device regarding the article or the ingredients or substances contained therein, or quality thereof, or place of origin, which are false or misleading in any particular.

(f) An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent.

In the case of drugs the nomenclature employed by the United States Pharmacopoeia and the National Formulary shall obtain.

(g) The term "design" or "device" applies to pictorial matter of every description, and to abbreviations, characters or signs for weights, measures or names of substances.

(h) The use of any false or misleading statement, design or device shall not be justified by any statement given as the opinion of an expert or otherwise appearing on any part of the label, nor by any descriptive matter explaining the use of the false or misleading statement, design or device.

(i) The regulation regarding the principal label will not be enforced until October 1, 1907, in the case of labels printed and now on hand, whenever any statement therein contained which is contrary to the food and drugs act, as to character of contents, shall be corrected by a supplemental label, stamp or paster. All other labels now printed and on hand may be used without change until October 1, 1907.

Regulation 18.-Name and Address of Manufacturer.

(Section 8.)

(a) The name of the manufacturer or producer, or the place where manufactured, except in case of mixtures and compounds having a distinctive name, need not be given upon the label, but if given, must be the true name and the true place. The words "packed for

-," "distributed by- -," or some equivalent phrase shall be added to the label in case the name which appears upon the label is not that of the actual manufacturer or producer, or the name of the place not the actual place of manufacture or production.

(b) When a person, firm or corporation actually manufactures or produces an article of food or drug in two or more places, the actual place of manufacture or production of each particular package need not be stated on the label except when in the opinion of the Secretary of Agriculture the mention of any such place to the exclusion of the others misleads the public.

Regulation 19.-Character of Name. (Section 8. First under "Foods and drugs.") (a) A simple or unmixed food or drug product not bearing a distinctive name shall be designated by its common name in the English language, or, if a drug,

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