same label or brand with a statement of the place where said article has been manufactured or produced.

Second. 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 as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except insofar as the provisions of this Act may require to secure freedom from adulteration or misbranding.

SEC. 9. That no dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act.

SEC. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the court may by order direct that such articles be

delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all proceedings shall be at the suit of and in the name of the United States.

SEC. 11. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, samples of foods 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.

SEC. 12. That the term "Territory" as used in this Act shall include the insular possessions of the United States. The word "person" as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person.

SEC. 13. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and seven.

Approved, June 30, 1906.

APPENDIX B.

UNITED STATES DEPARTMENT OF AGRICULTURE.

Office of the Secretary-Circular No. 21, Third Revision.

(Including Regulations 3, 17, 19, 28, and 34 as amended by F. I. D. 79, 84, 112, and 93, issued October 16, 1907, February 10, 1908, January 27, 1910, and May 23, 1908, respectively; also Regulation 9, Section b, as amended by F. I. D. 99, December 8, 1908, to take effect January 1, 1909, and Regulation 15 as amended to accord with F. I. D. 104.)

RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE FOOD AND DRUGS ACT.1

1 All amendments since July 23, 1910 (the date to the introduction), down to date (Oct. 20, 1911) of going to press have been inserted in these Rules and Regulations by the author.

INTRODUCTION.

Under date of October 17, 1906, forty rules and regulations for the enforcement of the Food and Drugs Act, June 30, 1906, were adopted. Since that date seven regulations, Nos. 3, 9, 15, 17, 19, 28, and 34, have been amended, the first named by F. I. D. 79, "Collection of Samples," approved by Secretary Wilson of the Department of Agriculture, Secretary Cortelyou of the Treasury Department, and Secretary Straus of the Department of Commerce and Labor, No. 9 by F. I. D. 99, "Change in Form of Guaranty Legend," No. 15 to accord with F. I. D. 104, on Benzoate of Soda, Nos. 17 and 19 by F. I. D. 84, "Label" and "Character of Name," No. 28 by F. I. D. 112, on "Labeling of Derivatives," and No. 34 by F. I. D. 93, "Denaturing," all over the signatures of the Secretaries of Agriculture, the Treasury, and Commerce and Labor.

Regulation 2, Original Unbroken Package, has been interpreted by F. I. D. 86, and Regulation 9, Form of Guaranty, by F. I. D. 83, the latter on opinion rendered by the Attorney-General on the issue of a guaranty based upon a guaranty.

In accordance with Regulation 15, Wholesomeness of Colors and Preservatives, F. I. D. 76, on Dyes, Chemicals, and Preservatives in Foods, F. I. D. 89, relating to the use in Foods of Benzoate of Soda and Sulphur Dioxide, F. I. D. 92 on the Use of Copper Salts, and F. I. D. 102, amending F. I. D. 92, have been issued over the signatures of the three Secretaries, constituting decisions on these points pending the completion of investigations and the issuance of final regulations governing the use of such substances. F. I. D. 104 constitutes the final decision on the use of benzoate of soda in foods, and allows such use.

With the exception of these amendments and amplifications the regu

lations as originally issued remain unchanged, and no additional rules have been adopted, the revision issued under this date merely incorporating the changes enumerated.

JAMES WILSON, Secretary of Agriculture.

Washington, D. C., July 23, 1910.

ORIGINAL LETTER OF TRANSMITTAL.

Washington, D. C., October 16, 1906.

The Secretaries of the Treasury, of Agriculture, and of Commerce and Labor.

Sirs: The Commission appointed to represent your several Departments in the formulation of uniform rules and regulations for the enforcement of the Food and Drugs Act, approved June 30, 1906, has reached a unanimous agreement and respectfully submits the results of its deliberations and recommends their adoption.

Very respectfully,

H. W. WILEY.
JAMES L. GERRY.

S. N. D. NORTH.

RULES AND REGULATIONS-GENERAL.

Regulation 1. Short Title of the Act.

The 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," approved June 30, 1906, shall be known and referred to as "The Food and Drugs Act, June 30, 1906."

Regulation 2. Original Unbroken Package.

[See also F. I. D. 86 for interpretation of this regulation.]

(Section 2.)

The term "original unbroken package" as used in this Act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package.

Regulation 3. Collection of Samples.

[As amended by F. I. D. 79, October 8, 1907, to take effect November

1. 1907.]

(Section 4.)

Samples of unbroken packages shall be collected only by authorized agents of the Department of Agriculture, or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose.

Samples may be purchased in the open market, and, if in bulk, the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of the purchase. The collectors shall purchase representative samples.

A sample taken from bulk goods shall be divided into three parts, and each shall be labeled with the identifying marks.

If a package be less than four pounds, or in volume less than two quarts, three packages shall be purchased, when practicable, and the marks and tags upon each noted as above. When three samples are purchased, one sample shall be delivered to the Bureau of Chemistry or to such chemist or examiner as may be designated by the Secretary of Agriculture; the second and third samples shall be held under seal by the Secretary of Agriculture, who, upon request, shall deliver one of such samples to the party from whom purchased or to the party guaranteeing such merchandise.

When it is impracticable to collect three samples, or to divide the sample or samples, the order of delivery outlined above shall obtain, and in case there is a second sample the Secretary of Agriculture may, at his discretion, deliver such sample to parties interested.

All samples shall be sealed by the collector with a seal provided for the purpose.

Regulation 4. Method of Analysis.

(Section 4.)

Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopoeia.