WHEREAS: From an examination of the laws now enacted by the several States and by the United States regulating the purity of the fccd products of this country, it appears that great dissimilarity exists as to the form and requirements of these laws, scme states having enactments conflicting, if not in every particular with those of other states, at least to such a degree as to render it impossible for manufacturers and jobbers to prepare and mark their products so that they shall be uniformly satisfactory, and conform to the several laws existing in the several states and those of the United States without making a separate preparation for each state.

WHEREAS: It also appears that in many instances the laws enacted by the General Government are in direct conflict with those regulating the purity of foods in some of the states, thus rendering it difficult to enforce the pure food laws of the several states; and

WHEREAS: It further appears that the methods of analysis to determine the character and quality of the feod products offered for sale in the several states are not uniform, and vary to such a degree as to not infrequently cause distrust in the minds of courts and juries as to their correctness and reliability; and

WHEREAS: The preservation of the public health, which is the justification of the enactment of pure fccd laws, dces not require that an article of food shall always contain a certain ingredient or any definite proportion of any ingredient, but only that it shall not be injuricus to health;

THEREFORE BE IT RESOLVED, That it is the sense of thisCongress that in legislation upon the subject of Pure Food, it is highly desirable that the law of the several states should be in harmony with each other, and with those of the United States; that the methods of analysis of the various food products, should be identical throughout the United States; and that immediate measures should be taken to secure this result. That in the marking of the packages containing food products, a uniform system should be adopted by the several states and by the United States.

That in order to effect these important results, a ccmmittee consisting of nine members, the Chairman of the Congress to be its Chairman, shall be appointed to take these points into consideration, and prepare a plan by which they can be secured, and report to this body at its next stated meeting, or should no future meeting of this Congress be held, to report to the National Association of Dairy and Food Departments at its next annual meeting.

The Chairman then appointed the following committees:

Professor J. H. Beal, Scio, Ohio, Chairman; Dr. William Frear, State College, Pa; Professor John Hamilton, Harrisburg, Pa; Secretary James Wilson, Washington, D. C.; Dr. W. O. Atwater, Storrs, Conn.: Governor W. D. Hoard, Ft. Atkinson, Wis.; Dr. Harvey W. Wiley, Washington, D. C.; Frederick; J. H. Kracke, Washington Market, N. Y.; J. E. Blackburn, Columbus, Ohio.

With reference to the following resolution, offered by Mr. Tupper, from the Internal Revenue Bureau, of Washington:

RESOLVED: That the Congress of the United States be requested to enact legislation prohibiting the granting of patents for any machinery or device having for its object the manufacture of adulterated or imitation food products, or the registration in the U. S. Patent Office of trademarks for such articles.

The Committee expressed the judgment that the measures proposed by this resolution are impracticable, however desirable they may be. It was therefore recommended that this resolution be indefinitely postponed.

The Committee's recommendation was agreed to.

With reference to the following resolutions, submitted by the Vital Friends:

1.

That all foods generally supplied to the public are unreliable and are often injurious from three main causes: Immature growth and semi-development; fermental and chemical deterioration, and artificial adulteration.

2.

That all foods, when deprived of their innate life-giving qualities, are a direct taxative burden upon the system.

3.

That fermented breads, and yeast raised foods and drinks, corrupt the blood, and that the time has surely come to cease using them in Hospitals and Institutions, and also to discountenance their general use. Hundreds of families keep entirely well, free from every disease by using unfermented purely vital foods.

4. That all canned foods should be abolished. Glass or crock enclosures are commended.

5. That the gathering, selling and using of unripe fruits ought to be prohibited.

6. That fully matured fruits are better for use when sundried, than by any other process of vaporizing, acidulating or artificial sweetening, because their own innate sweetness and gums thoroughly preserve them. 7. That we fail to find on the market any fruits "cured by the new processes so good or durable, as the dates, prunes, figs, raisins, and currants of a quarter century ago. Despite the laudable efforts of sanitary science, there has been a lamentable retrogression in this direction. The Committee on Resolutions, failing to recognize the existence of evidence sustaining the propositions contained in this paper, recommend that it be indefinitely postponed.

Mr. Perky of Massachusetts: While I cannot indorse all expressions in that resolution, I want to say that it is the first paper that has been intro duced in this Congress of vital importance to the food subject. It is a paper which, though this Congress may not indorse it, should be incorporated in the proceedings of this Congress, and I therefore offer a resolution to that effect. The resolution was adopted.

Mr. Perky offered and read other resolutions, which were referred to the Executive Committee with power to act.

The Chair announced that the Secretary of the Executive Committee had an announcement to make in regard to one of the recommendations. Mr. Dye: The Executive Committee has recommended that $500 be raised for the printing of the Proceedings. The Committee appointed to raise the $500 is as follows:

Messrs. Dawley, of New York,

Batchelder, of New Hampshire,
Secor, of Iowa,

Hamilton, of Pennsylvania,
Perky, of Massachusetts,

Withers, of North Carolina,

At this point it was announced that the Legislative Committee was ready to report. On motion of Mr. Kline of Philadelphia, the Congress took up the report of this Committee.

The Secretary of the Committee, Mr. Martindale, read the report by sections.

The amendments proposed were discussed and adopted with slight alterations. The Brosius Bill, as amended by the Congress, was recommended to the Congress of the United States for adoption, as follows:

A BILL

For preventing the adulteration, misbranding, and imitation of foods, beverages, candies, drugs, and condiments in the District of Columbia and the Territories, and for regulating interstate traffic therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of protecting the commerce in food products and drugs between the several States and in the District of Columbia and the Territories of the United States and foreign countries the Secretary of Agriculture shall organize in the chemical division of the Department of Agriculture a food, beverage, and drug section, and make necessary rules governing the same to carry out the provisions of this Act, under direction of the chief chemist, whose duty it shall be to procure from time to time, under rules and regulations to be prescribed by the Secretary of Agriculture and analyze or cause to be analyzed or examined, microscopically or otherwise, samples of foods, beverages, condiments, and drugs and offered for sale in any State, District of Columbia, or Territory other than where manufactured, or from a foreign country, provided the same be in original or unbroken packages. The Secretary of Agriculture is hereby authorized to employ such chemists, inspectors, clerks, laborers, and other employees as may be necessary to carry out the provisions of this Act, and to make such publication of the results of examinations, analyses, and so forth, as he may deem proper.

Sec. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia or foreign country of any article of food, drugs, or condiments which is adulterated or misbranded within the meaning of this Act is hereby prohibited, and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia or foreign country to any other State or Territory or the District of Columbia or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia or foreign country, or who, having received, shall deliver, for pay or otherwise, or offer to deliver to any other person, in original unbroken packages, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States such adulterated, mixed, misbranded, or imitated foods, beverages, condiments, or drugs shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense and for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both in the discretion of the court.

Sec. 3. That the chief chemist shall make, or cause to be made, under rules and regulations to be prescribed by the Secretary of Agriculture, examinations of specimens of food, beverages, condiments, and drugs offered for sale in original or unbroken packages in any State or Territory other than where manufactured or from any foreign country which may be collected from time to time, under rules and regulations to be pre

scribed by the Secretary of Agriculture, and under his direction, in various parts of the country. If it shall appear from such examination that any of the provisions of this Act have been violated the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis duly authenticated by the analyst under oath.

Sec. 4. That it shall be the duty of every district attorney to whom the Secretary of Agriculture shall report any violation of this Act to cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such case provided.

DEFINITIONS.

Sec. 5. That the term "drug," as used in this bill, shall include all medicines recognized in United States Pharmacopia and National Formulary and cosmetics for internal or external use. The term "food," as used herein, shall include all articles used for food, candy, drink, or condiment by man or domestic animals, whether simple, mixed, or compound. The term "misbranded," as used herein, shall include all drugs, or articles of food, or articles which enter into the composition of food or condiments the package or label of which shall bear any statement purporting to name any ingredients or substances as not being contained in such article, which statement shall be false in any particular; or any condiment or food product which is falsely branded as to the State or Territory in which it is manufactured or produced.

ADULTERATIONS.

Sec. 6 That for the purposes of this Act an article shall be deemed to be adulterated

In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity, according to the tests laid down in the United States Pharmacopoeia, official at the time of the investigation.

Second. If, when sold under or by a name not ecognized in the United States Pharmacoparia, but which is found in the National Formulary, it differs from the standard of strength, quality, or purity, according to the tests laid down in said work.

Third. If its strength or purity fall below the professed standard under which it is sold.

Fourth. If it be an imitation of and sold under the specific name of another article.

In the case of food, candy, or drink:

First. If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength, so that such product, when offered for sale, shall deceive or tend to deceive the purchaser.

has or

Second. If any inferior substance or substances have been substituted wholly or in part for the article, so that the product, when sold, shall deceive or tend to deceive the purchaser.

Third. If any valuable constituent of the article has been wholly or in part abstracted, so that the product, when sold, shall deceive or tend to deceive the purchaser.

Fourth. If it be an imitation of and sold under the specific name of another article.

Fifth. If it be mixed, colored, powdered, or stained in a manner whereby damage or inferiority is concealed, so that such product, when sold, shall deceive, or tend to deceive the purchaser.

Sixth. If it contain any added poisonous ingredient or any ingredient which may render such article injurious to the health of the person consuming it.

Seventh. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product, when branded so, or is an imitation, either in package or label, of an established proprietary product which has been trade-marked or patented.

or

Eight. If it consists of the whole or any part of a diseased. filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or of an animal that has died otherwise than by slaughter. Ninth. That candies of domestic manufacture and chocolate of domestic manufacture may be deemed to be adulterated if they contain terra alba, barytes, tale, chrome yellow, or other mineral substances or poisonous colors or flavors, or other ingredients deleterious or detrimental to health; Provided, That an article of food, beverage, condiment, drug which does not contain any added poisonous ingredient shall not be deemed to be adulterated in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, beverages, or condiments, under their own distinctive names, and not included in definition fourth of this section. Second, In the case of articles labeled, branded, or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations, or blends. Third. When any matter or ingredient has been added to the food, beverage, or condiment, because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food, beverage, or condiment, or conceal the inferior quality thereof: Provided, That the same shall be labeled, branded, or tagged, as prescribed by the Secretary of Agriculture, so as to show them to be compounds, and the exact character thereof: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary