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putrid substance is used in the manufacture of food or drug products, and Regulation 8,' which requires that the factories in which proprietary foods are make shall be open at all reasonable times to the inspection provided for in Regulation 16, do not seem to have any basis in the Act. The Act does not provide for any such inspection and does not provide any penalty for refusal of permission to inspect. It is doubtful whether a provision contemplating such inspection of any factory located in a State would be constitutional unless expressly limited, as in the Meat Inspection Law of June 30, 1906, to the inspection of materials used in the manufacture of products to be used in interstate or foreign commerce, or as in the Act of May 9, 1902, in reference to renovated butter, where the article manufactured is the subject of a revenue tax. From the fact that inspection is expressly authorized in the Acts referred to, while in the present Act there is no provision for inspection, it would seem clear that no such inspection as provided for in Regulations 16 and 87 was intended to be authorized.

From the fact, as hereafter pointed out, that there is nothing in the Act which authorizes any proceedings to be brought for any alleged violation of its provisions except upon the result of an analysis or examination of a sample or specimen, it would seem clear that no adulteration which is not disclosed by analysis or examination of the finished food or drug product can be reached or punished under the Act, and that no food or drug product can be deemed to be misbranded if its label correctly states its character or quality as determined by such analysis or examination, whatever means may have been employed to produce the finished product.

6. SCOPE OF THE ACT-DISTRICT OF COLUMBIA AND TerRITORIES.

The provisions of the Act undoubtedly extend to adulterated or misbranded foods or drugs sold or offered for

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Purpose and Scope of the Act.

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sale in the District of Columbia or the Territories and to the exporting or offering for export therefrom of adulterated or misbranded foods or drugs as well as, under Section I, to the manufacture in the District of Columbia or the Territories, of adulterated or misbranded foods or drugs, irrespective of the question whether or not such adulterated or misbranded foods or drugs are offered for sale or for export in original packages. There is no constitutional limitation upon the control by Congress of commerce in the District of Columbia or the Territories. The retail grocer or other dealer in foods in the District of Columbia, or in any Territory, who sells or offers for sale or for export food products which are adulterated or misbranded, or which are offered for sale under the name of another article, whether actually labeled or not, is liable under the provisions of the Act equally with a wholesale dealer in such adulterated or misbranded foods, whether such foods or drugs are sold in packages or in bulk; and a retail druggist or other dispenser of drugs in the District of Columbia or in any Territory who sells or offers for sale or for export drugs which are adulterated or misbranded is liable under the provisions of the Act, whether he sells them or offers them for sale in original packages or in packages put up by himself, including physicians' prescriptions.

7. SCOPE OF THE ACT-INSPECTION OF MATERIAL IN DISTRICT OF COLUMBIA AND TERRITORIES.

Regulations 16 and 8o regarding inspection of raw materials and inspection of factories in which proprietary foods are made, are as above pointed out, page 6, without basis in the Act. No doubt such inspection in the District of Columbia and Territories could be provided for by Act of Congress if deemed of sufficient importance, but as the Act now stands no such inspection and no supervision or control of the process or method of manufacture of any article of food or drug is provided for. It is the finished product as

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put upon the market which, and which alone, is required to be free from adulteration and not to be misbranded.

8. SCOPE OF THE ACT-STOCK ON HAND JANUARY 1, 1907.

The Act took effect January 1, 1907. So far as it affects dealers in foods or drugs in any State, its provisions apply only to adulterated or misbranded foods or drugs introduced into the State on or after January 1, 1907. To constitute an offense under Section 2 of the Act, the adulterated or misbranded foods or drugs must not only have been delivered to another person in original unbroken packages on or after January 1, 1907, but must have been received by the dealer from another State on or after January 1, 1907.10

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9. SCOPE OF THE ACT-CORRECTION OF LABELS ON HAND. Regulation 17 in paragraph (i) " provides for the correction of labels by a supplemental label, stamp, or paster in case of labels printed and on hand which do not comply with the requirements of the Act. The supplemental label, stamp or paster is not necessary on any articles of food or drugs which were within the limits of any State prior to January I, 1907, and have since that date remained in the State. If sent out of the State, they should be provided with supplemental labels, stamps or pasters if the labels on them need to be corrected. Articles of food or drugs offered for sale in the District of Columbia or the Territories whether received in the District or the Territory after January 1, 1907, or prior to that date, should be provided with such supplemental labels, stamps, or pasters as may be necessary to correct the original label. Articles of foods or drugs received in any State on or after January 1, 1907, and offered for sale in original unbroken packages should be provided with supplemental labels, stamps, or pasters if necessary to correct the original label in any respect.

The correction of original labels by means of supplemental labels, stamps or pasters is permitted until October

10F. I. D. 43, Page 107. 11 Page 91.

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1, 1907, only. After that date the principal label will be required to be correct.12

IO. SCOPE OF THE ACT-EXPORTS.

The Act is intended to apply to adulterated or misbranded foods or drugs exported or offered for export to any foreign country from anywhere within the United States. 13 The Act permits the exporting of foods or drugs which would be held adulterated or misbranded if for domestic use, provided such exported foods or drugs are not in conflict with the laws of the foreign country to which they are intended to be shipped and provided also that the foreign purchaser not only knows what the foods or drugs contain but specifically directs their preparation or packing. The particular purpose of the exception appears to be to permit the use in certain food products for export to foreign countries, of preservatives which are considered deleterious under the strict rulings of the Department of Agriculture. II. SCOPE OF THE ACT-MEATS AND MEAT PRODUCTS.

Regulation 391 provides that the regulations shall not apply to domestic meat and meat food products. Meats and meat food products imported from a foreign country, not being provided for under the Meat Inspection Law, are held to be subject to the provisions of this Act.

12. SCOPE OF THE ACT-IMPORTED FOOD AND DRUG PRODUCTS.

Section 1115 of the Act provides for the examination of samples of foods and drugs which are being imported into the United States. This Section does not expressly authorize the Secretary of the Treasury to open packages for the purpose of taking samples, but this is authorized in the Act of March 2, 1901, the provisions of which are repeated in subsequent agricultural appropriation Acts, to which the

12F. I. D. 43, Page 107. 13 Sec. 2, Page 73.

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present Act is supplemental as regards the matter of imported foods and drugs. Under Section 1115 of the present Act provision is made for delivery of imported foods and drugs pending examination upon the execution of a penal bond. It should be noted that the Secretary of the Treasury is, under this Section, bound by the result of the examination of the samples delivered to the Secretary of Agriculture and shall refuse delivery if it appears from the samples that the foods or drugs are adulterated or misbranded or are otherwise of a character prohibited by this Section, and no provision is made for any appeal, though no doubt the action of the Secretary of the Treasury refusing delivery would be subject to the supervision of the

courts.

This section of the Act applies to imported meats and meat food products as well as to other food products and to drugs.

Under Sections 2933 to 2938, Revised Statutes, relating to imported drugs and medicines provision is made for the forfeiture of all medicinal preparations which do not bear the true name of the manufacturer and the place where they are prepared, and for the refusal of entry to all drugs and medicines which are so far adulterated as to render them inferior in strength and purity to the standard established by the United States and certain foreign pharmacopœias. It is understood that these Sections of the Revised Statutes are considered to be still in force.

13. SCOPE OF THE ACT-TEAS.

Under the Act of March 2, 1897, provision is made for inspection of teas imported into the United States, the Act prohibiting the importation of any merchandise as tea which is inferior in purity, quality and fitness for consumption to standards established by a board appointed by the Secretary of the Treasury. Under the standards so established the coloring of teas is not prohibited and there is no require

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