All drugs, medicines, medical preparations, including medicinal essential oils and chemical preparations, used wholly or in part as medicine, imported from abroad, shall, before passing the custom house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their value and identity specified in the invoice. (R. S.)

Section 2934. Names on Medicines.

All medicinal preparation, whether chemical or otherwise, usually imported with the name of the manufacturer, shall have the true name of the manufacturer, and the place where they are prepared, permanently and legibly affixed to each parcel by stamp, label, or otherwise; and all medicinal preparations imported without such names so affixed shall be adjudged to be forfeited. (R. S.)

Section 2935. Return for Examination.

If, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German pharmacopoeias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medicinal purposes, a return effect shall be made upon the invoice, and the articles so noted shall not pass the custom house, unless, on a reexamination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous, and it is declared, as a result of such analysis, that the articles may properly, safely, and without danger, be used for medicinal purposes. (R. S.)

Section 2936. Appeal.

The owner or consignee shall, at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his own expense, for a reexamination, and the collector, upon receiving a deposit of such sum as he may deem sufficient to defray such expense, shall procure some competent analytical chemist possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection-district is situated, to make a careful analysis of the articles included in the return, and a report on the same under oath. In case this report, which shall be final, shall declare the return of the examiner to be erroneous, and the articles to be of the requisite strength and purity, according to the standards referred to in the next preceding section, the entire invoice shall be passed without reservation, on payment of the customary duties. (R. S.)

[Act of June 26, 1848, ch. 70, 9 U. S. Stat. at Large 238.]

By the Act of February 27, 1877, ch. 69, 19 U. S. Stat. at Large 247, this section was amended to read as above given by inserting the words "to make" after the word "situated."

Section 2937. Exportation of Rejected Articles.

If the examiner's return, however, shall be sustained by the analysis and report, the articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector to land the articles out of the limits of the United States, shall have the privilege of reexporting them at any time within the period of six months after the report of the analysis; but if the articles shall not be sent out of the United States within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed, and hold the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if the articles had been reexported. (R. S.)

Section 2938. Appraisers as Special Examiners.

One of the assistant appraisers at the port of New York, to be appointed with special reference to his qualifications for such duties, shall, in addition to the duties that may be required of him by the appraiser, perform the duties of a special examiner of drugs, medicines, chemicals, and so forth. (R. S.)

[Act of July 27, 1866, ch. 284, 14 U. S. Stat. at Large 302.]

"Section 2938 implies that the appraiser, who revises and corrects the reports of an assistant appraiser (Section 2929), has a general supervision of the duties of examination or appraisement performed where specially qualified experts are requisite." 23 Op. Atty-Gen. 238.

APPENDIX H.
OPIUM.

AN ACT to provide for the execution of the provisions of Article II of the treaty concluded between the United States of America and the Emperor of China on the 17th day of November, 1880, and proclaimed by the President of the United States on the 5th day of October, 1881.

[Act of February 23, 1887, ch. 210, 24 U. S. Stat. at Large 409.]

Section 1. Importation by Chinese

That the importation of opium into any part of the ports of the

United States by any subject of the Emperor of China is hereby prohibited. Every person guilty of a violation of the preceding provision shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, or by both such fine and imprisonment, in the discretion of the court. (24 U. S. Stat. at Large 409.)

Section 2. Forfeiture.

That every package containing opium, either in whole or in part, imported into the United States by any subject of the Emperor of China, shall be deemed forfeited to the United States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the violation of the laws relating to other illegal importations. (24 U. S. Stat. at Large 409.)

Section 3. Traffic in China-Fine-Forfeiture.

That no citizen of the United States shall import opium into any of the open ports of China, nor transport the same from one open port to any other open port, or buy or sell opium in any of such open ports of China, nor shall any vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or owned by any citizen of the United States, either in whole or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports of China, or transport the same from one open port to any other open port, or be engaged in any traffic therein between or in such open ports, or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both such punishments, in the discretion of the court. The consular courts of the United States in China, concurrently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and determine all cases arising under the foregoing provisions of this section, subject to the general regulations provided by law. Every package of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China: and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial powers within the Empire of China. (24 Stat. at Large 409.)

APPENDIX I.

INSPECTION OF FOOD AND DRUGS IMPORTED OR EXPORTED. Section 1. Inspection-Powers and Duties of Secretary of Agriculture.

To investigate the adulteration, false labeling, or false branding of foods, drugs, beverages, condiments, and ingredients of such articles, when deemed by the Secretary of Agriculture advisable, and report the result in the bulletins of the Department; and the Secretary of Agriculture, whenever he has reason to believe that such articles are being imported from foreign countries which are dangerous to the health of the people of the United States, or which shall be falsely labeled or branded either as to their contents or as to the place of their manufacture or production, shall make a request upon the Secretary of the Treasury for samples from original packages of such articles for inspection and analysis, and the Secretary of the Treasury is hereby authorized to open such original packages and deliver specimens to the Secretary of Agriculture for the purpose mentioned, giving notice to the owner or consignee of such articles, who may be present and have the right to introduce testimony; and the Secretary of the Treasury shall refuse delivery to the consignee of any such goods which the Secretary of Agriculture reports to him have been inspected and analyzed and found to be dangerous to health or falsely labeled or branded, either as to their contents or as to the place of their manufacture or production or which are forbidden entry or to be sold, or are restricted in sale in the countries in which they are made or from which they are exported, .. (33 Stat. at Large 874.)

This is from the Agricultural Department Appropriation Act of March 3, 1905, ch. 1405, 33 Stat. at Large 874. Provisions somewhat similar were contained in the Acts of March 3, 1903, ch. 1008, 32 Stat. at Large 1157; April 23, 1904, ch. 1486, 33 Stat. at Large 288.

After delivery to importer, the Department of Agriculture and the Treasury Department have no jurisdiction or power under the Act of March 3, 1903, to prevent or to punish the false labeling or branding of dairy or food products after they have passed the custom house and are delivered to the owner or consignee. (1903) 24 Op. Atty-Gen. 675.

The charges for storage of imported foods, etc., detained by order of the Secretary of the Treasury pending examination under these Acts can not be imposed upon the importer. United States v. Acker (1904), 133 Fed. Rep. 842.

[INSPECTION OF DAIRY PRODUCTS INTENDED FOR EXPORTATION-DUTIES OF SECRETARY OF AGRICULTURE.]

The provisions of the Act of June 3, 1902, ch. 985, are repeated in the

Acts of March 3, 1903, ch. 1008, 32 Stat. at Large 1151; April 23, 1904, ch. 1486, 33 Stat. at Large 281; March 3, 1905, ch. 1405, 33 Stat. at Large 865.

Section 1. Nutrive Investigations.

To enable the Secretary of Agriculture to investigate and report upon the nutritive value of the various articles and commodities used for human food, with special suggestions of full, wholesome, and edible rations less wasteful and more economical than those in common use, including special investigations on the nutritive value and economy of the diet in public institutions; and the agricultural experiment stations are hereby authorized and directed to cooperate with the Secretary of Agriculture in carrying out said investigations in such manner and to such extent as may be warranted by a due regard to the varying conditions and needs of the respective States and Territories, and as may be mutually agreed upon; and the Secretary of Agriculture is hereby authorized to require said stations to report to him the results of any such investigations which they may carry out, whether in cooperation with said Secretary of Agriculture or otherwise, dollars. . . ( 33 Stat. at Large 294.)

This is from the Agricultural Department Appropriation Act of April 23, 1904, ch. 1486.

APPENDIX J.

OLEOMARGARINE.

Federal Statute.

AN ACT defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine.1 [Act of August 2, 1886, ch. 840, 24 Stat. at Large 209.]

Section 1. Butter Defined.

That for the purpose of this Act the word "butter" shall be understood to mean the food product usually known as butter, and which is

1 The government of the United States furnishes a pamphlet containing this statute, with full instructions and forms, and with notes construing its provisions. No charge is made for it. As it can be so easily obtained it was thought best to omit it here, except the bare statute. The subject matter of this statute is only incidentally connected with the subject of Pure Food.