UNITED STATES FOOD INSPECTION DECISION 96.

SERIAL NUMBER GUARANTY.

As a result of the numerous requests for specific information on various points connected with the filing of general guaranties with the Department, as well as on the use of serial numbers after they have been assigned, the following general instructions bearing on these questions are issued for the guidance of those interested: (A) For information regarding the serial number guaranty, see Rules and Regulations for the Enforcement of the California Food and Drugs Acts, Regulation 8, and U. S. Food Inspection Decisions 40, 70, 72, and 83.

(B) Articles to be guaranteed may be referred to in the guaranty in the following

ways:

(1) By name.

(2) By use of general terms. For example, proprietary medicines, extracts, carbonated waters, etc., using the proper terms to cover the line or lines sold.

(3) By stating in the space reserved for listing articles "all articles which are now or which may hereafter be manufactured, packed, distributed or sold by

in which case the serial number can be used on all foods or drugs, subject to the act, manufactured or owned and sold by the guarantor.

(C) The formulæ of preparations are not required to be given.

(D) The serial number guaranty should not be used on articles not entitled to bear such a guaranty. For example:

(1) Those of a character which are not included in the definition of articles within the purview of the act as given in section 2 of the California Pure Food Act, and section 2 of the California Pure Drug Act.

(2) Those subject to the meat inspection law, i. e., meat and meat food products of domestic origin or manufacture derived from cattle, swine, sheep, and goats. (Imported meat and meat food products are subject to the food and drug act and may be guaranteed by means of a serial number or guaranty.)

(3) Those used in the arts and for technical purposes.

(E) A serial number assigned to a guaranty can be used on any article covered therein to which the act applies. (See B.)

(F) Products not covered by the guaranty on file at the Department can be added thereto by executing another guaranty covering them, to be filed as a supplement to the original instrument. (See B.)

(G) The serial number guaranty can be printed either directly on the principal label or appear on a supplemental label or paster attached to the goods.

(H) Only a resident of the United States can make a valid guaranty. Food Inspection Decision 62.)

(See

(I) The general guaranty filed with the Department must be executed by the person, company, association, or corporation who assumes responsibility for the goods, or by his or its agents thereunto lawfully authorized, and the authority of such agent must plainly be made to appear when the guaranty is offered to be filed. (J) Full information relative to the signing of the guaranty instrument appears at the bottom of the blank form of guaranty.

(K) The signature should be acknowledged before a notary public or other official authorized to administer an oath. The seal of such official should always be affixed to the document.