Soldiers' and Sailors' Civil Relief Act of 1940. First War Powers Act, 1941. Exportation Restrictions on Certain Articles. Requisition of Military Equipment, Materials and Supplies. Territorial Use of Army and Extension of Service Period. Civilian Protection From War Hazards. Miscellaneous Provisions Affecting Military Establishment. Photographing, Mapping or Other Representation of Military or Defense Properties. Exemption of Certain Articles From Import Duties and Taxes. Temporary Appointments, Promotions, etc., of Navy, Marine Corps, and Coast Guard Officers. Jurisdiction of Prizes. Certain Allowance Assistance for Civilian and Military Personnel. Free Entry of Gifts From Members of Armed Forces. Free Postage for Armed Forces Personnel. Emergency Price Control Act of 1942. Stabilization Act of 1942. Extension of Sugar Controls. Small Business Mobilization Act. Training of Nurses Through Grants to Institutions. Civilian Reemployment of Members of Merchant Marine. War Labor Disputes Act. Voluntary Enlistments in the Regular Military Establishment. Women's Army Corps. United Nations Relief and Rehabilitation Administration. Temporary Appointments of Army Nurse Corps Disposal of Materials on Public Lands. War Mobilization and Reconversion Act of 1944. Fleet Admiral of the Navy and General of the Army. Disposal of Censored Mail. Disbursing Officers' Additional Functions. General of the Marine Corps. Admiral in the Coast Guard. Exception of Navy or Coast Guard Vessels Sale of Surplus War-Built Vessels. 9. Narcotic Farms [Repealed)................. Federal Food, Drug, and Cosmetic Act.......... 201 221 301 Section 2, act June 30, 1906, ch. 3915, § 2, 34 Stat. 768, prohibited the introduction, shipment, delivery or sale of adulterated or misbranded foods or drugs in interstate or foreign commerce, provided penalty for violations and exempted exports conforming to specifications of foreign purchaser and not in conflict with laws of foreign country importing the same. See sections 331, 333 and 381 of this title. Section 3, acts June 30, 1906, ch. 3915, §3, 34 Stat. 768; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, authorized the Secretaries of the Treasury, Agriculture and Commerce to make uniform rules and regulations for enforcement of food and drug laws, including collection and examination of specimens. See section 371 of this title. Section 4, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, provided that act or omission of officer, agent, and so forth, of corporation, shall be deemed act or omission of corporation. Section 5, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, defined "territory" and "person". See section 321 of this title and section 1 of Title 1, General Provisions. EFFECTIVE DATE OF REPEAL Section 902(a) of act June 25, 1938, ch. 675, 52 Stat. 1059, which repealed sections 1 to 5, 7 to 14, and 15 of this title, provided that the repeal of those sections should take effect upon the effective date of act June 25, 1938, which was to take effect twelve months after the date of its enactment. Act June 23, 1939, ch. 242, § 2(b), 53 Stat. 854, provided that: "The provisions of such act of June 30, 1906, as amended, to the extent that they impose, or authorize the imposition of, any requirement imposed by section 403(k) of the Federal Food, Drug, and Cosmetic Act [section 343(k) of this title], shall remain in force until January 1, 1940.” § 6. Transferred CODIFICATION Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title. §§ 7 to 14. Repealed. June 25, 1938, ch. 675, § 902(a), 52 Stat. 1059 Section 7, act June 30, 1906, ch. 3915, §6, 34 Stat. 769, defined “drug" and "food." See section 321 of this title. Page 1 Section 8, act June 30, 1906, ch. 3915, §7, 34 Stat. 769, deemed drugs to be adulterated when sold having a difference from recognized standards, except where there is an explanatory statement on or in container, and when sold below professed standard; confectioneries, when containing mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or narcotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious ingredients, preservatives in shipment conditionally excepted, animal or vegetable substances unfit for food and products of animals diseased or having died otherwise than by slaughter. See sections 342 and 351 of this title. Section 9, act June 30, 1906, ch. 3915, §8, 34 Stat. 771, defined the term "misbranded" and provided for its application to drugs and food. See sections 343 and 352 of this title. Section 10, acts June 30, 1906, ch. 3915, § 8, 34 Stat. 771; Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019, deemed drugs to be misbranded when there is an imitation or use of name of other article, when there is removal and substitution of contents of package or failure to state on label quantity or proportion of narcotics therein, and when there is a false statement of curative or therapeutic effect; and food, when there is an imitation or use of name of other article, when there is a false label or brand removal and substitution of contents of package, or failure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions permitted, when there are false or misleading statements on package or label as to ingredients or substances; and food, when mixtures or compounds under distinctive names, the articles are labeled, branded as compounds, imitations, or blends; construed the term "blend" and related to disclosure of trade formulas of proprietary foods, and canned food. See sections 321b, 341, 343 and 352 of this title. Section 11, acts June 30, 1906, ch. 3915, § 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examination of specimens, notice of adulteration or misbranding, hearing, certification of violations to United States district attorney and notice of judgment. Section 12, act June 30, 1906, ch. 3915, § 5, 34 Stat. 769, provided for prosecution by district attorneys for enforcement of penalties. Section 13, act June 30, 1906, ch. 3915, § 9, 34 Stat. 771, provided for a seller's guaranty as protection to dealer. See section 333 of this title. Section 14, act June 30, 1906, ch. 3915, § 10, 34 Stat. 771, provided for seizure of articles by libel for condemnation, at suit of and in name of United States, in United States district court where found, conforming to proceedings in admiralty, with right to trial by jury, destruction or sale of adulterated or misbranded articles, bond and payment of proceeds into Treasury of United States. See sections 332, 334 and 337 of this title. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 902(a) of act June 25, 1938, set out as an Effective Date of Repeal note under sections 1 to 5 of this title. § 148. Transferred CODIFICATION Section, act June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended Aug. 27, 1935, ch. 739, 49 Stat. 871, which related to the examination of sea food on request of the packer, the marking of food with the results, fees, and penalties, was transferred to section 372a of this title. § 15. Repealed. June 25, 1938, ch. 675, § 902(a), 52 Stat. 1059 Section, act June 30, 1906, ch. 3915, § 11, 34 Stat. 772, provided for examination of samples of imports, refusal of admission and delivery to consignee, delivery to consignee pending examination and decision on bond and charges for storage and lien therefor. See section 381 of this title. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 902(a) of act June 25, 1938, set out as an Effective Date of Repeal note under sections 1 to 5 of this title. SUBCHAPTER II-MISCELLANEOUS PROVISIONS § 16. Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. (July 1, 1902, ch. 1357, § 1, 32 Stat. 632.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 17 of this title. § 17. Penalty for sale or introduction of falsely labeled dairy or food products; venue If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (July 1, 1902, ch. 1357, § 2, 32 Stat. 632.) FEDERAL RULES OF CRIMINAL PROCEDURE Continuance of section under rule 18, see note by Advisory Committee under rule 18, Title 18, Appendix, Crimes and Criminal Procedure. § 18. Suspension of importation of adulterated articles Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended. (Aug. 30, 1890, ch. 839, § 4, 26 Stat. 415.) |