The Law of Pure Food and Drugs, National and State: With Appendices Containing Federal Statutes Relative Thereto and the Regulations of the Government for Their Enforcement

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W.H. Anderson Company, 1912 - 1113 páginas

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Cottolene Labeling as a Lard SubstituteLegislative De termination Binding on Courts
45
Imitation of Butter in Oleomargarine Produced by Combina tion of Natural Ingredients
46
Milk Standard Fixing
49
Adulteration not Reducing Strength of Milk below Standard Fixed by Statute
53
Unadulterated Milk below Standard
55
Tests for Determining Purity of Milk
57
Designating Officers to Determine Purity of Food Analysis
60
Coloring Milk and Cream
61
Milk of Cows Fed on Still Slop or from Diseased Cows
62
Preservative in MilkFormaldehyde
63
Preservative in Milk or ButterStatute Invalid
66
Requiring Delivery of Sample of Milk for Inspection
70
Forcible Seizure of Samples of Milk without a Warrant
73
License to Sell Milk Power of Municipality to Exact
74
Requiring Permit to Sell Milk
76
Registration of Milk DealersLicense
77
License Tax on Dairy Business Measured by Number of Cows Kept or Wagons Used in Business
80
Inspection of Dairies
82
Destroying Impure Milk and Food
83
Revocation of Permit to Sell MilkNotice
84
Revocation of Permit to Sell Milk without Notice Given Remedy by Mandamus
85
Destruction of Unwholesome Food without Notice or Hearing Right of Action for Value of Food
88
Vinegar Artificially Coloring
90
Impure Water in the Making of Bread Prohibiting
92
Patented Food
94
Colored Netting over Fruit or Vegetables
95
Requiring Fresh Meats to be Sold in Markets
96
SEC PAGE 55 State Prohibiting Importation of FoodInterstate Commerce
97
Statute Excluding Importation of Oleomargarine from One State into Another State
100
Interstate Commerce Prohibiting Sale of Adulterated Food and DrugsOriginal Packages
103
Forbidding Exportation of Food
105
Sale of Adulterated Articles to Citizens of Another State Interstate Commerce
106
Inspection of Foods and Drugs
107
Discrimination in the Inspection of Domestic and Imported Foods
109
State Inspection Law in Contravention of Federal Meat Inspec tion Law of 1906
110
Labeling Impure Food
112
Labeling Small Packages Taken from Original Packages
115
Branding Fruit for Shipment to Show Locality where Grown
117
Official Certification that Article has been InspectedStamping
118
Weight of Loaves of Bread
120
Marking Capacity of Bottle Containing Liquid
123
Destruction of Property Devoted to Manufacture of Oleomar garine before Enactment of Statute
124
Amount of Tax Validity of Statute
126
Injoining Violations of Pure Food Statute
127
Injunction to Prevent Violations of Law
128
Corporation Quo Warranto
130
Power of Municipality to Inspect FoodMilkInspection of Dairies
131
Regulation and Sale of Drugs and Poisons
137
PART II
138
SEC PAGE 83 Federal Act of June 30 1906
139
Scope of the Statute Territorially
142
Commerce within a State
143
7 Constitutionality of Act of 1906
144
An Original PackageBroken Package
150
Extent of Power of Congress over Food and Drugs Made Sub jects of Interstate Commerce
161
When the Power of Congress to Regulate the Disposition of Imports Ceases
167
Transported from One State to Another for Manufacturing and Sale_Statute Construed
171
Goods Passed out of Interstate Commerce before Proceedings In Rem Commenced
175
Inspection of Materials and Factories
177
District of Columbia and Territories
178
Inspection of Materials and Factories the District of Co lumbia and Territories
179
Correction of Labels on Hand January 1 1907
180
Exports to Foreign Countries
181
Interstate Transportation of Meat and MeatFood Products
184
Certificate for Imported Meats and MeatFood Products
185
Imported Drugs and Medicines
187
Minor Border ImportationsPrivate Importations
188
Shipment beyond Jurisdiction of the United States
189
Declaration Concerning Imported Food and Drugs
190
Seizure in Transit
191
State Legislation Necessary
192
CHAPTER III
193
Drugs
194
CHAPTER IV
196
PutridDecomposed
197
Products not Specifically Named in the Act
198
Character of Raw Materials
199
Coloring Powdering Coating and Staining
201
Abstraction of Valuable Constituent
202
Admixture of Inferior IngredientsCompoundDistinctive Name
203
Food Standards
206
ConfectioneryLiquorsNarcotic Drugs
212
Confectionery Use of Shellac and other Gums
220
Food Containing Filthy Decomposed or Putrid MatterAnimal Unfit for FoodStatute
222
Specific Articles of Food
232
Ale
234
Banana Extract
235
Butter
236
Checse
237
Copper Salts to Green Vegetables
238
Corn Cob
239
Eggs
240
Essence of Wintergreen
246
Flavoring Extracts
247
Formaldehyde
248
163a Hominy
249
167a Jamaica Ginger
250
KocaNola
251
Macaroni
252
Milk Evaporated
253
Mince Meat
255
182a Mustard Charlock as a Substitute for
256
Olive Oil
257
186a Peaches
259
Peach Butter
260
Phosphoric Acid
261
Rice
262
Rococola
263
Saccharin in Food
264
Sago and Tapioca
265
Salts of Tin
266
202a Soda Water Syrup Cola
267
Sugar in Canned Fruits and Vegetables
268
Tea
269
207a VaniKola
270
Waffles
271
Whisky
272
ADULTERATION OF DRUGS Art I Adulteration Art II Specific Articles Art I Adulteration SEC PAGE 212 What Drugs Deemed Adulterated
273
Standard for Drugs
275
United States Pharmacopoeia and National Formulary
276
Specific Articles
277
Assafoetida
278
Colocynth
279
Gum Tragacanth
280
Soemnoform
281
CHAPTER VI
282
External Application of Preservatives
283
DyesChemicalsPreservatives
284
Prohibition of Preservatives
287
Sulphur Fumes
290
Label to Show Preservatives
293
List of Dyes Permitted
294
Entry of Vegetables Greened with Copper Salts
297
SEC PAGE
298
Certification of Straight Dyes and Mixtures under Secondary
304
Meats and Meat Products
311
Character of Name
317
Misbranding DefinedStatute
323
Form of Label
329
SEC PAGE 265 Substance Named on Label not the Leading One in the Article
332
Use of Different kinds of Type to Deceive Purchasers
333
Waste Material in Foods
334
Manufactured for Prepared for Distributed by Used on Labels
335
Imitations of FoodsIntentMistake
337
Mixtures or Compounds of Foods
338
Blends of FoodsDistinctive Names
340
Proprietary Foods Formula
341
Fictitious Names
342
Name of Manufacturer
343
Deceptive Labeling of FoodsForeign Labels
344
False or Misleading Label Design or Device
346
False Indication of OriginGeographical Names
347
Sugar in Canned Goods
351
Substances Used in the Preparation of Foods
352
Alcohol in Food
354
Apple ButterGlucose
355
Brandy
356
Cane Syrup
357
Caramels
358
Cereal
359
Cerecut
360
Cherry Syrup
361
297a Chocolate Cremolin
362
Cocoa and Chocolate
364
Cocoa Butter Substitutes
368
SEC PAGE 303 Codfish
369
Glazed Coffee
374
Coffee ImitationCereal Coffee
375
Coffee ImportationBlack JackQuakersCoffee Screen ings
376
Copper Salts
377
Corn Meal
378
CreamXCelo
380
Eggs
381
Extract of Orange
384
Extract of Rose
385
Failure to State Contents
387
Feed
388
Fish
391
Flavoring Extracts
393
Flour
394
Flour Bleaching
396
Gelatin
397
Glucose
398
HenETa Bone Grits
399
SEC PAGE 345 Kola Syrup
400
Maple Sugar
401
Meal
408
354 Oats
410
Pepper
411
Raisins
412
Rice Polishing and Coating
414
Rococola
415
Sago and Tapioca
416
Salad Oil
417
Salt
419
Syrup
420
Syrups Mixtures of Cane and Maple
421
372a Soda Water Syrup Cola
422
Succotash
423
Tomatoes
424
Tomato Paste
425
Water
428
Water Table and Medicinal
430
Whey
432
Drugs Statute
482
Names to be Employed in Declaring the Amount of the Ingre dients
483
Alcohol
487
Statement of Quantity or Proportion
488
Declaration of the Quantity or Proportion of Alcohol Present in Drug Products
489
Drug Derivatives
490
Formula on Label of Drugs
492
Physicians Prescriptions
493
Products Used as Food and Drugs and also for Technical and Other Purposes
494
Use of the Word Compound in Names of Drug Products
496
Refilling Drug Bottles or Cartons
497
False Statements Concerning Curative or Remedial Effects of Proprietary Medicines
498
False Representations Concerning Curative QualitiesDepart mental Decisions
500
Puffing RemediesCure AllDepartmental Decisions
505
Article Named on Label Present in Only Very Small Quantity
507
Drug and Medicine Decisions
509
AcetanilidAscentenloid
510
Anadol
512
Antimalarico FerroChina
513
Assafoetida
514
AzMaSyde
515
Bitters
516
Blackberry Cordial
520
Bromo Febrin
521
Cancer Cure
522
CascaraCastor Oil
523
Celery Cola
524
Coke Extract
525
Colocynth
526
438a Cramp Drops
527
Dandruff Cure
528
Febrisol Tildens
529
GinSengGin
530
Hair Coloring
531
446a Haarlem Oil Capsules
532
Hydrogen Peroxide
534
449b Kamola
535
Laudanum
536
MakeMan Tablets
538
Microbe Killer
539
SEC PAGE 456 MorphineOpium
540
MucoSolvent
541
458a Peppermint
542
Pine Oil Compound
543
Radol
544
Saltpetre
545
Seidlitz Salts German
546
466a Senna
547
Skin Food
548
467a Sodie Aluminic Sulphate
549
Soothing Syrup
550
Teething Syrup
551
472a Tobacco Specific
553
Tragacanth Gum
554
Vermouth
555
Wine of Coca
556
Weights and Measures 480 Misstatement Concerning
557
Statement of Weight or Measure
560
CHAPTER VIII
561
Filing GuarantyForm
562
SEC PAGE 486 Serial Number Guaranty
564
Use of Guaranties and Serial Numbers
566
Effect of the Guaranty
568
Statute ConstruedWhen Reseller not Liable
571
Manufacturer Selling Goods within State to be Shipped out of ItLiability
572
Abuse of Guaranty for Advertising Purposes
575
Applies only to Unbroken Packages
576
Issue of a Guaranty Bond for Former GuarantyOpinion of AttorneyGeneral
577
Guaranty on Imported Goods
584
CHAPTER IX
586
Collection of SamplesComments
588
Nunıber of Samples Purchased
591
Notice of Object of Purchase
592
AnalysisNotice of Result
593
Hearing before Agricultural Department
594
Seizure of Adulterated or Misbranded Articles
597
Bond for Release of Articles Seized
598
Appeal to the Secretary of Agriculture
602
Proceedings in Court
603
Proceedings to Secure a ForfeitureLibel
605
When Forfeiture takes Place
611
No Intent to Violate the Statute
613
Jury Trial
614
Costs of Proceedings In Rem Assessing Against the Person
615
Liability of Corporation and Corporate Officers
617
Part III
618
Analyst Appointed by the Court
621
When Certificate is not in Evidence
623
Decisions under English Food and Drugs Statute
629
CHAPTER XI
638
Reinspection
639
Actions to Recover Penalties or Damages
640
CHAPTER XII
644
Fixing a StandardUnadulterated Milk
645
Article Unknown when Statute EnactedCondensed Milk
648
Adulteration
652
Milk from which any Part of the Cream has been Removed
654
Skimmed Milk
655
Condensed Separated or Skimmed Milk
659
Analysis of MilkCertificateEvidence
660
Decomposition of Milk Samples
665
Preservatives in Milk
669
Instances of Violations of Statutes Concerning Milk
671
SEC PAGE 541 Milk in BottlesSize of Bottles Designating
674
Contract for Adulterated Milk
675
CHAPTER XIII
678
Label Popular Understanding of Name Used onSausage
679
Oral Statement
680
Wrapper Marking
682
Mixture_Sufficiency of Label on Can of Condensed Milk
684
Seller Calling Attention to Notice on LabelOtherwise Notified
686
Sale of Food in Altered State Disclosure of AlterationKnowl edge of Alteration
691
nce with el 94
695
Instances of Proper and Deficient Labels
699
Brands
701
CHAPTER XIV
702
Knowledge of Adulteration of Milk
705
Ignorance of Adulteration of Milk
707
Ignorance of Adulteration of Milk continued
709
Lack of Knowledge of Adulteration Lessening Penalty
712
The Article DemandedSale to Prejudice of Purchaser
714
Exposure for Sale
717
Purpose of Sale
720
Special Contract as to Quality of Goods
721
Purchaser having Knowledge that Food is Adulterated
722
Manufacture or Possession with Intent to Sell
723
Resale of Food Purchased under Written Warranty of its Purity
725
Sales by Agent
738
Liability of Agent
743
SEC PAGE 574 When Sale must be by Agent to make Principal Liable
744
CHAPTER XV
745
Imitation of Butter
746
Natural ColorImitation of Butter
747
Pure Butter Below Grade
748
Liability of Hotel Restaurant or Boarding House Keeper
751
Sale of Oleomargarine in Unlicensed Restaurant
752
Disclosing Article Sold is Oleomargarine
754
Oleomargarine under Fancy Name
755
Sale in Sealed Packages
756
Description of Article Sold Illegally
757
Indictment must Show what was the Adulteration
758
Indictment for Sale of Unlabeled Package
759
Negativing Provisos
760
Knowledge of Adulteration or Unfitness for Food
762
Alleging Name of Purchaser
763
Description of Defendant
764
Mislabeling or Misbranding
766
Sale of Adulterated Food without Informing Purchaser
767
Sale by Agent
768
Milk
769
Selling Adulterated Milk at Cheese Factory
771
Intention to Sell Unfit Meat
772
Failure to Label Articles of Food
773
SEC PAGE
775
Preponderance of Evidence Reasonable Doubt
781
618d Proprietary Medicine Original Packages
787
CHAPTER XX
794
Patented Medicines
804
Druggists Liability in Selling Unbroken PackagesNegligence the Basis of Liability
806
Sale of Drugs from Broken Packages
807
Mislabeling Poisons or MedicinesLiability to Remote Pur chaser
808
Failure to Label a PoisonPhysicians Prescription
810
Implied Representation that Drug Requested for a Particular Purpose is Fit for such Purpose
812
Drug Sold for Specific Purpose
813
Chemical Mixed after Sale with Another Chemical Producing a Dangerous Compound
814
Negligently Compounding PrescriptionIllegible Prescription
815
Purchaser Informed of Deadly Character of Drug
816
Knowingly Administering Poison or Unwholesome Food
819
ComplaintPleading
822
Where Action must be Brought
823
Punitive Damages
824
Sale of Unwholesome Food
825
Implied Warranty in Sale of Food
826
Eating Unwholesome Food in a RestaurantProof of Negli gence
829
Vendor having Knowledge of Unwholesomeness of Food
830
Food for Cattle and Horses
831
Slander
832
Liability for Price of Adulterated Food Sold as Pure Food
833
APPENDIX A The Food and Drugs Act June 30 1906
837
RULES AND REGULATIONSGENERAL Reg 1 Short Title of the Act
844
Collection of Samples
845
Hearings
846
Standard for Drugs
847
Confectionery
848
Natural Poisonous or Deleterious Ingredients
849
Character of the Raw Materials
850
Name and Address of Manufacturer
851
Character of Name
852
Compounds Imitations Blends without Distinctive or Names
853
Waste Materials
854
Statement of Weight or Measure
856
Method of Stating Quantity or Proportion
857
Imported Food and Drug Products
858
Filled Cheese 861 to
866
to
874
APPENDIX
880
to
888
Regulations Concerning Adulterated Butter 888 to
897
Regulations Concerning Renovated Butter under Internal Revenue
898
APPENDIX M
915
to
970
APPENDIX 0
988
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Página 210 - An act for preventing the manufacture, sale, or transportation of adulterated or misbranded, or poisonous, or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes...
Página 319 - ' misbranded, ' ' as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular...
Página 833 - drug," as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term
Página 223 - If it consists in whole or in part of a 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 one that has died otherwise than by slaughter. Sec. 8. That the term
Página 433 - In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.
Página 320 - Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package...
Página 433 - In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term, blend...
Página 975 - Act have been violated by such party, then 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 or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer.
Página 254 - First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.
Página 832 - Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions...

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