fail to bear a statement on the label of the quantity or proportion of any alcohol, morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein. In the case of food:

First. If it be an imitation of or offered for sale under the distinctive name of another article.

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, or if it fail to bear a statement on the label of the quantity or proportion of any morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded 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, 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.

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 including 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 in so far 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

THE FOOD AND DRUGS ACT.

537 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 such 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 such 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 C.

[B. A. I. ORDER No. 137-]

REGULATIONS GOVERNING THE MEAT INSPECTION
OF THE UNITED STATES DEPARTMENT
OF AGRICULTURE.

SCOPE OF INSPECTION.

REGULATION I.

› All slaughtering, packing, meat-canning, salting, rendering, or similar establishments whose meats or meat food products, in whole or in part, enter into interstate or foreign commerce shall have inspection under these regulations unless exempted from inspection by the Secretary of Agriculture. Only farmers, and retail butchers or retail dealers supplying their customers, may be exempted under the law, but they are, nevertheless, subject to the provision of the law which places a penalty upon any person who shall sell or offer for sale or transportation, for interstate or foreign commerce, any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption. All carcasses and parts of carcasses of cattle, sheep, swine, and goats, and all meats and meat food products thereof entering into interstate or foreign commerce shall show either that they have been inspected and passed or that they have been exempted from inspection under these regulations. All meats and meat food products on hand October 1, 1906, at establishments where inspection has not been previously maintained, or which have been inspected under previously existing law and regulations, shall be examined and labeled under these regulations before being allowed to enter into interstate or foreign commerce.

APPLICATION FOR INSPECTION OR EXEMPTION.

REGULATION 2.

The proprietor or operator of each slaughtering, packing, meat-canning, rendering, or similar establishment engaged in the slaughtering of cattle, sheep, swine, or goats, or in the packing, canning, or other preparation of any food product into which the meats or meat food products of said animals enter in whole or in part, for interstate or foreign commerce, shall make application to the Secretary of Agriculture for inspection or for exemption from inspection. The said application shall be made in writing, addressed to the Secretary of Agriculture, Washington, D. C., and shall state the location of the

MEAT INSPECTION.

539 establishment, the address of the owner or of a duly authorized officer or agent of the same, the kinds of animals slaughtered, the estimated number of animals of any species slaughtered per day and per week, or the estimated amount of meats or meat food products received from other establishments, and the character, quantity, and proposed disposition of the products of said establishment. Blank application forms will be furnished by the Chief of the Bureau of Animal Industry upon request. If an establishment is not in a sanitary condition, inspection shall not be established.

EXEMPTION FROM INSPECTION.

(a) If, in the judgment of the Secretary of Agriculture, the retail butcher or retail dealer who is engaged in supplying his customers through the medium of interstate or foreign commerce should be exempted from Federal inspection, a certificate of exemption will be furnished to the applicant for use with transportation companies and other companies and persons in securing the movement of his products.

OFFICIAL NUMBER.
REGULATION 3.

If inspection is established under said application the Secretary of Agriculture will give said establishment a number by which all its meats and meat food products shall thereafter be known, and this number shall be used by the inspectors of the Department of Agriculture, and also by the proprietors of said establishment, to mark the meats and meat food products of the establishment as hereinafter prescribed. Establishments having one or more branches may use the same number for all by affixing a serial letter in connection with the number to differentiate the products of the different branches. Each establishment at which inspection is maintained must be separate and apart from any other establishment engaged in similar business at which inspection is not maintained. (a) Retail butchers and dealers who have been exempted from inspection under these regulations will be given numbers by which their products will be known.

DESIGNATION OF INSPECTORS.
REGULATION 4.

The Secretary of Agriculture will designate an inspector to take charge of the inspection at each establishment where inspection is maintained, and will detail to said inspector such assistants as may be necessary to carry on properly the work of inspection and supervision at said establishment. For the purpose of enforcing the law and regulations the inspector and all employees under his direction shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment.

OFFICE ROOM.
REGULATION 5.

Office room, including light and heat, shall be provided by proprietors of establishments, rent free, for the exclusive use of the inspector and other employees of the Department on duty at each establishment. The room or rooms set apart for this purpose must be properly ventilated, conveniently located, and provided with lockers suitable for the protection and storage of such supplies as may be required; all to meet the approval of the inspector in charge.

ALL CARCASSES AND PRODUCTS INSPECTED.

REGULATION 6.

All cattle, sheep, swine, or goats slaughtered at an establishment at which inspection is maintained, and all meats and meat food products prepared therein shall be inspected handled, and prepared as required by these regulations.

NOTICE OF DAILY OPERATIONS.

REGULATION 7.

The manager of each establishment at which inspection is maintained shall inform the inspector in charge, or his assistant, when work has been concluded for the day, and of the day and hour when work will be resumed. Under no circumstances shall an establishment be operated except under the supervision of an employee of the Department. All slaughtering must be done within reasonable hours and with reasonable speed, the character of the establishment being considered. Where one inspector is detailed to conduct the work at two or more small establishments where few animals are slaughtered, the inspector in charge may designate the hours for slaughter. No work shall be performed at establishments where inspection is maintained during any day on which such work is prohibited by the law of the State or Territory in which the establishment is located.

BADGES.
REGULATION 8.

Each employee of the Department engaged in inspection under these regulations will be furnished with a numbered badge, which he shall wear over the left breast on the outer clothing while in the performance of his official duties, and which shall not be allowed to leave his possession.

BRIBERY.
REGULATION 9.

It is a felony, punishable by fine and imprisonment, for any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, to give, pay, or offer, directly or indirectly, to any Department employee authorized to perform any duty under these regulations, any money or other thing of value with intent to influence said employee in the discharge of his duty under these regulations. It is also a felony, punishable by fine and imprisonment, for any Department employee engaged in the performance of duty under these regulations to receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or other thing of value given with any purpose or intent whatsoever.

SANITATION.

REGULATION 10.

Upon receipt of an application for inspection the Secretary of Agriculture will cause to be made an examination of the premises, and will indicate the requirements for sanitation and the necessary facilities for inspection.

REGULATION II.

In order that the carcasses of cattle, sheep, swine, and goats, and the meats and meat food products thereof, may be admitted to interstate or foreign commerce, it is necessary