power is concerned, is trifling. It seems reasonable that Congress may confer the power to analyze food and drugs intended for interstate and foreign commerce, and to inspect raw materials to be used in the manufacture of such food and drugs. If such food and drugs or the raw materials intended for their manufacture may be inspected, it would seem that Congress may authorize the inspection of the factories in which such food and drugs are prepared. The difficulty is to draw the line in the actual practice between food and drugs intended for domestic use and intended for interstate and foreign use; and to prevent the fraudulent substitution of the products designed for domestic use for that of interstate and foreign use. Regulation sixteen seems to be inaptly drawn. It attempts to confer on the Secretary of Agriculture power to "examine the raw materials used in the manufacture of food and drug products." When materials have "been used in the manufacture of food and drug products" they are no longer "raw materials;" so that this provision if literally interpreted can not be executed. It should read that "The Secretary of Agriculture, when he deems it necessary, may examine the raw materials being or to be or intended to be used in the manufacture of food and drug products." And it may be noted that the only factories to be inspected under regulation eight are only those "in which proprietary foods are made." The word "proprietary" has a distinct and well recognized meaning, and upon this question no difficulty ought to arise. The regulation, it may be noted, does not extend to the examination of pharmacies or factories where drugs are manufactured or compounded. But we repeat that no clause in the pure food and drugs Act specifically authorizes the adoption of those parts of these two rules discussed in this section.

§ 94. District of Columbia and Territories.

The term "Territory" as used in the food and drugs Act includes the insular possessions of the United States, according to section twelve of that Act. There is no question that

the provision of the Act extends to adulterated or misbranded food and drugs manufactured, sold, or offered for sale in the District of Columbia or in the Territories, as well. as the exporting or offering to export therefrom such articles, irrespective of the question whether or not they are offered for sale or for export in original packages. Within this District and these Territories Congress is supreme, unhampered by any constitutional provision. Any dealer, whether at retail or wholesale, within this District or these Territories who sells or offers for sale or for export adulterated or misbranded food or drugs, or which is offered for sale under the name of another article, is liable to the penal clauses of the Act, whether such articles be sold in original packages, in bulk or in retail.

§ 95. Inspection of Material and Factories in the District of Columbia and Territories.

Regulations eight and sixteen provide for the inspection of raw materials to be used in the manufacture of food and drug products and of factories in which proprietary foods. are made. These regulations apply to the District of Columbia and the Territories; and yet there is no provision of the statute that either authorizes such inspection or the adoption of such regulations. No doubt Congress has ample power to provide for such inspection within this District and these Territories, for there it is sovereign, but it has not done so.

§ 96. Stock on Hand January 1, 1907.

The food and drugs Act took effect January 1, 1907. It is now purely academic to discuss the effect of this Act upon adulterated food or drugs received before it went into effect, for few if any such now remain in the market. Its provisions apply only to adulterated foods or drugs brought into a State or Territory on or after January 1, 1907, and received by the dealer on or after that date, in original unbroken packages.1

1 F. I. D. 43.

§ 97. Correction of Labels on Hand January 1, 1907.

The Food and Drugs Act does not require goods or drugs on hand January 1, 1907, to be labeled, unless they be sent out of the State. When sent out of the State, if the label that had been put on the food or drugs prior to January 1, 1907, does not meet the requirements of the food and drugs Act, then a supplemental label should be used. "Any statement, however, respecting the character of the contents which is false or misleading should be corrected. The correction should secure the obliteration of the misstatement either by placing the supplemental label or paster over it or obliterating it in some other way. If the goods contain artificial color or preservative other than ordinary condimental substances (salt, sugar, vinegar, wood smoke, spices, and condiments of all kinds), that fact should appear upon the supplemental stamp or label. If any of the words required to be placed upon drugs or foods in the specific wording of the Act do not appear upon the label, such as alcohol, opium, etc., it is held that the correction must include the enumeration of these substances, as provided for in regulations twenty-eight and twenty-nine." "All articles in the hands of manufacturers, jobbers, and dealers on the 1st day of January, 1907, which are sold wholly within the State in which they are found on that date are exempt from the provisions of the Act. Thus the use of the supplemental label, stamp, or paster is required only on those articles which on or after the 1st day of January, 1907, enter interstate commerce or are offered for sale in the District of Columbia and the Territories. It will be deemed sufficient if the supplemental pasters and labels are attached at the time the goods are shipped beyond the State line; that is, that they need not necessarily be attached to such article on the 1st day of January, 1907, but at any time thereafter when prepared for interstate commerce.

1 F. I. D. 43, F. I. D. 78.

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§ 98. Exports to Foreign Countries.

The food and drugs Act applies to goods exported from any part of the United States to a foreign country. But there is a material qualification of the Act in section two, which is as follows: "No article shall be deemed misbranded or adulterated within the provisions of this 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 its 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 of this Act." Apparently the purpose of this proviso is to permit the use in certain food products for export of preservatives which are declared deleterious under the strict rulings of the Department of Agriculture when applied to food products intended for consumption in the United States.

§ 99. Meat and Meat Products.

The regulations adopted under the food and drugs Act do not apply to domestic meat and meat food products which are prepared, transported or sold in interstate or foreign commerce under the meat inspection law. But meat and meat food products imported from foreign countries, which are not provided for under the meat inspection law, are subject to the provisions of the food and drugs Act.1

§ 100. Imported Food.

Section eleven of the food and drugs Act relates to the importation of food and drugs. It is as follows: "The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, samples of foods 1 Regulation 39.

and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture, and have the right to introduce testimony, and if it appear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into, or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond. And provided further, That all charges for storage, cartage and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee." Regulations thirty-two to thirty-eight, inclusive, cover the provisions of this section. This statute does not in terms authorize the Secretary of the Treasury to open packages in order to take samples, but under the Act of March 2, 1901, the provisions of which have been repeated in subsequent agricultural appropriation Acts, he is authorized to open packages and take samples. The Secretary of the