1 a violation of this Act for the institution of a criminal, libel 2 for condemnation, or injunction proceeding hereunder with 3 respect of such violation, which report is supported by 4 satisfactory evidence of such violation authenticated under

5 oath, to cause an appropriate proceeding accordingly to be

6 instituted in the proper court of the United States without

7 delay. 8 (b) It shall be the duty of each United States attorney

9 who receives from any health, food, or drug officer of any 10 State or Territory, or any political subdivision thereof, a 11 report of a violation of this Act, which report is supported 12 by satisfactory evidence of such violation authenticated under 13 oath, to cause an appropriate enforcement proceeding accord14 ingly to be instituted in the proper court of the United States 15 without delay. 16 (c) All suits instituted under this Act, except as other17 wise provided herein, shall be by and in the name of the

18 United States.





21 SECTION 45. (a) The Secretary of the Treasury shall 22 deliver to the Secretary of Agriculture, upon his request, 23 representative samples of products which are being imported 24 or offered for import into the United States. The owner


or consignee of any such product, hereinafter called the



respondent”, shall be notified accordingly and shall

2 receive a representative part of such sample. If it appears 3. from the examination of such sample that the product is 4 adulterated or misbranded, the Secretary shall cause notice 5 of such apparent violation to be given to the respondent. 6 The notice shall state the particulars of such violation and 7 shall fix a time and place for an administrative hearing 8 upon it. The hearing shall be conducted by the Secretary 9 or any officer or employee of the Department duly desig10 nated by the Secretary for the purpose, hereinafter called 11 the “presiding officer”, and in accordance with regulations 12 prescribed by the Secretary. At such administrative hear13 ing the respondent shall have the right to make any perti14 nent statement and to present any pertinent evidence, in 15 person or by his agent or attorney, to show cause why the 16 product should not be denied admission into the United 17 States. After such administrative hearing the presiding offi18 cer shall make a written report of it, stating his finding and 19 recommendation and annexing a transcript of the record 20 of the hearing. A copy of such report shall be promptly 21 delivered to the respondent. The respondent shall have 22

the right of a review of such finding by the board created 23 by section 36, under the circumstances defined in that sec24 tion and appropriate to this section.



i (b) If it is found as a result of such administrative 2 proceedings that the product is adulterated or misbranded, 3 then such product shall be denied admission into the United 4 States unless and until it is brought into compliance with this 5 Act as prescribed by regulations promulgated for the pur

[blocks in formation]


(c) The Secretary of the Treasury shall refuse de8 livery to the consignee of any product so denied admission


into the United States and shall cause the destruction of

io such product, unless the product is exported by the con11 signee within three months from the date of notice of such 12 refusal, under such regulations as the Secretary of the 13 Treasury may prescribe: Provided, That the Secretary of 14 the Treasury may deliver such product to the consignee 15 pending examination and decision in the matter, on execu16 tion of a bond as liquidated damages for the amount of the


full invoice value of the product together with the duty

18 thereon, and on refusal to return such product or any part


thereof for any cause to the custody of the Secretary of the

20 Treasury, when demanded for the purpose of excluding it 21 from the country or for any other purpose, said consignee 22 shall forfeit the full amount of the bond as liquidated

23 damages. 24 (d) All charges for storage, cartage, and labor on any 25 product which is denied admission or refused delivery, under


i this section, shall be paid by the owner or consignee thereof 2 and, in default of such payment, shall constitute a lien 3 against any future importations made by such owner or 4 consignee.


[merged small][merged small][ocr errors]

6 SEC. 46. A product intended for export shall not be 7 deemed to be adulterated or misbranded if it (1) accords 8 to the specifications of the foreign purchaser, (2) complies

9 with the laws of the country to which it is intended for 10 export, and (3) is labeled on the outside of its shipping 11 container with the words For Export.” But if such 12 product is sold or offered for sale in domestic commerce, this 13 section shall not exempt it from any of the provisions of

14 this Act.





[ocr errors]

SECTION 47. If any provision of this Act is declared un18 constitutional, or the applicability thereof to any person or 19 circumstances is held invalid, the constitutionality of the 20 remainder of the Act and the applicability thereof to other 21

persons and circumstances shall not be affected thereby.




Sec. 48. (a) This Act shall take effect twelve months 24 after the date of approval. The Federal Food and Drugs 25 Act of June 30, 1906, as amended (U. S. C., title 21,



secs. 1-15), shall remain in force until such effective date, 2 and, except as otherwise provided in this paragraph, is 3 hereby repealed effective upon such date: Provided, That 4 on the approval of this Act, and thereafter and before the 5. effective date of this Act, the Secretary is hereby authorized 6 to conduct hearings and to promulgate regulations under the 7 7 provisions hereof which shall become effective on or after 8 the effective date of this Act as the Secretary shall direct: 9 Provided further, That the Act of March 4, 1923 (U. S. C., 10 title 21, sec. 6; 42 Stat. 1500, ch. 268), defining butter 11 and providing a standard therefor, and the Act of July 24, 12 1919 (U. S. C., title 21, sec. 10; 41 Stat. 271, ch. 26), 13 defining wrapped meats as in package form, and the amend14 ment to the Federal Food and Drugs Act, approved June 15 22, 1934, shall remain in force and effect and be applicable

16 to the provisions of this Act. 17 (b) The provisions of this Act shall not be held to 18 modify or repeal any of the existing laws of the United 19 States except as provided by paragraph (a) of this section.

« ForrigeFortsett »