Regulation 34. Denaturing

[As amended by F. I. D. 93, May 12, 1908.]

(Section 11.)

Unless otherwise declared on the invoice, all substances ordinarily used as food products will be treated as such. Shipments of substances ordinarily used as food products intended for technical purposes should be accompanied by a declaration stating that fact. Such products should be denatured before entry, but denaturing may be allowed under customs supervision with the consent of the Secretary of the Treasury, or the Secretary of the Treasury may release such products without denaturing, under such conditions as may preclude the possibility of their use as food products.

Regulation 35. Bond, Imported Foods, and Drugs

(Section 11.)

Unexamined packages of food and drug products may be delivered to the consignee prior to the completion of the examination to determine whether the same are adulterated or misbranded upon the execution of a penal bond by the consignee in the sum of the invoice value of such goods with the duty added, for the return of the goods to customs custody.

Regulation 36. Notification of Violation of the Law

(Section 11.)

If the sample on analysis or examination be found not to comply with the law, the importer shall be notified of the nature of the violation, the time and place at which final action will be taken upon the question of the exclusion of the shipment, and that he may be present, and submit evidence (Form No. 5), which evidence, with a sample of the article, shall be forwarded to the Bureau of Chemistry at Washington, accompanied by the appropriate report card.

Regulation 37. Appeal to the Secretary of Agriculture and Remuneration

(Section 11.)

All applications for relief from decisions arising under the execution of the law should be addressed to the Secretary of Agriculture, and all vouchers or accounts for remuneration for samples shall be filed with the chief of the inspection laboratory, who shall forward the same, with his recommendation, to the Department of Agriculture for action.

Regulation 38. Shipment beyond the jurisdiction of the United States (Section 11.)

The time allowed the importer for representations regarding the shipment may be extended at his request to permit him to secure such evidence as he desires, provided that this extension of time does not entail any expense to the Department of Agriculture. If at the expiration of this time, in view of the data secured in inspecting the sample and such evidence as may have been submitted by the manufacturers or importers, it appears that the shipment cannot be legally imported into the United States, the Secretary of Agriculture shall request the Secretary of the Treasury to refuse to deliver the shipment in question to the consignee, and to require its reshipment beyond the jurisdiction of the United States.

Regulation 39. Application of Regulations

These regulations shall not apply to domestic meat and meat food products which are prepared, transported, or sold in interstate or foreign commerce under the meat-inspection law and the regulations of the Secretary of Agriculture made thereunder. (This regulation has since been revoked.)

Regulation 40. Alteration and Amendment of Regulations These regulations may be altered or amended at any time, without previous notice, with the concurrence of the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor,

APPENDIX B

FOOD INSPECTION DECISIONS 1

FOOD INSPECTION DECISION 44

SCOPE AND PURPOSE OF FOOD INSPECTION DECISIONS

From the tenor of many inquiries received in this Department it appears that many persons suppose that the answers to inquiries addressed to this Department, either in letters or in published decisions, have the force and effect of the rules and regulations for the enforcement of the food and drugs act of June 30, 1906. The following are illustrations of the inquiries received by this Department:

Must we stamp all goods as conforming to the drug and food law, whether they have alcohol and narcotics therein, or not?

On a brand of salad oil, which is a winter-strain cotton-seed oil, can it be sold under the brand of salad oil, or must it state that it is cotton-seed oil?

It seems highly desirable that an erroneous opinion of this kind should be corrected. The opinions or decisions of this Department do not add anything to the rules and regulations nor take anything away from them. They therefore are not to be considered in the light of rules and regulations. On the other hand, the decisions and opinions referred to express the attitude of this Department in relation to the interpretation of the law and the rules and regulations, and they are published for the information of the officials of the Department who may be charged with the execution of the law and especially to acquaint manufacturers, jobbers, and dealers with the attitude of this Department in these matters. They are therefore issued more

1 Since space does not permit the quoting of all food inspection decisions in full the attempt has been made to reproduce here such selections as will be most useful to readers of this book.

in an advisory than in a mandatory spirit. It is clear that if the manufacturers, jobbers, and dealers interpret the rules and regulations in the same manner as they are interpreted by this Department, and follow that interpretation in their business transactions, no prosecution will lie against them. It needs no argument to show that the Secretary of Agriculture must himself come to a decision in every case before a prosecution can be initiated, since it is on his report that the district attorney is to begin a prosecution for the enforcement of the provisions of the act.

In so far as possible it is advisable that the opinions of this Department respecting the questions which arise may be published. It may often occur that the opinion of this Department is not that of the manufacturer, jobber, or dealer. In this case there is no obligation resting upon the manufacturer, jobber, or dealer to follow the line of procedure marked out or indicated by the opinion of this Department. Each one is entitled to his own opinion and interpretation and to assume the responsibility of acting in harmony therewith.

It may be proper to add that in reaching opinions and decisions on these cases the Department keeps constantly in view the two great purposes of the food and drugs act, namely, to prevent misbranding and to prohibit adulteration. From the tenor of the correspondence received at this Department and from the oral hearings which have been held, it is evident that an overwhelming majority of the manufacturers, jobbers, and dealers of this country are determined to do their utmost to conform to the provisions of the act, to support it in every particular, and to accede to the opinions of this Department respecting its construction. It is hoped, therefore, that the publication of the opinions and decisions of the Department will lead to the avoidance of litigation which might arise due to decisions which may be reached by this Department indicating violations of the act, violations which would not have occurred had the

opinions and decisions of the Department been brought to the attention of the offender.

JAMES WILSON, Secretary of Agriculture.

WASHINGTON, D. C., December 1, 1906.

FOOD INSPECTION DECISION 52

FORM OF LABEL

The following is an extract from a letter recently received:

We do not understand the requirements of the regulations respecting the arrangement of labels; that is, the order in which the various features of the label should be arranged.

To meet the requests for the opinion of the Department regarding the proper arrangement of a label, the following order is suggested:

I. Name of substance or product.

2. In case of foods, words which indicate that the articles are compounds, mixtures, or blends, and the word "Imitation, "Compound," or " Blend," as the case may be.

3. Statements designating the quantity or proportions of the ingredients enumerated in the law, or derivatives and preparations of same,' as mentioned under Regulation 28; also statements of other extraneous substances whose presence should be declared, such as harmless coloring matter, or any necessary statement regarding grade or quality.

(The statements specified in paragraphs 1, 2, and 3, should appear together without any intervening descriptive or explanatory matter.)

4. Name of manufacturer (if given).

5. Place of manufacture (if given, or when required in case of food mixtures or compounds bearing a distinctive name).

It is stated in Regulation 17 that if the name of the manufacturer and place of manufacture be given they should appear

1 Attention is called to the fact that the declaration of alcohol and its derivatives is not required in foods.