1 2 47 (b) Violation of any injunction issued pursuant to this section may be summarily tried and punished by the 3 court as a contempt. Such contempt proceedings may be 4 instituted by order of the court or by the filing of an informa5 tion by the United States attorney; and process of the court 6 for the arrest of the violator may be served at any place in the United States or subject to its jurisdiction. No person 7 8 shall be deemed to have violated an injunction, issued pur 9 suant to this section, by reason of the dissemination, subse10 quent to such injunction, of the false advertisement which 11 was the basis of the injunction, if such dissemination was 12 beyond the control of such person. 13 14 15 DUTIES OF UNITED STATES ATTORNEY SEC. 713 711. It shall be the duty of each United States attorney to whom the Secretary, consistently with the 16 provisions of sections 708 and 709, reports any violation for 17 institution of criminal, libel of information for condemna18 tion, or other proceedings under this Act, or to whom any 19 health, food, or drug officer of any State or Territory, OF 20 political subdivision thereof, presents evidence satisfactory to the United States attorney of any such violation, to cause 22 appropriate proceedings to be instituted in the proper courts of the United States without delay. All suits instituted under this Act other than those pursuant to section 702 21 23 24 1 48 and section 711, paragraph (g), shall be by and in the 2 name of the United States. Notwithstanding the provisions 3 4 of section 876 of the Revised Statutes, subpoenas for wit nesses who are required to attend a court of the United 5 States, in any district, may run into any other district in 6 any proceeding under this Act. 7 8 9 IMPORTS AND EXPORTS SEC. 714 712. (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture upon his request, 10 samples of food, drugs, devices, and cosmetics which are 11 13 being imported or offered for import into the United States, 12 giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony. If it appears from the examination of such samples or otherwise that (1) any false advertisement of such article has been disseminated in the United 14 15 16 17 18 19 20 21 22 23 24 States by the importer or exporter thereof, or any person in privity with him, within three months prior to the date such article is offered for import, or (2) such article has been manufactured, processed, or packed under insanitary conditions, or (3) such article is forbidden or restricted in sale in the country in which it was produced or from which it was exported, or (4) such article is adulterated or misbranded, then such article shall be refused admission. 1 2 49 (b) The Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any such 3 article refused admission, unless such article is exported by 4 the consignee within three months from the date of notice 5 6 7 8 9 10 11 12 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 any such article pending examination and decision in the matter on execution of a bond as liquidated damages for the amount of the full invoice value thereof together with the duty thereon, and on refusing for any cause to return such article or any part thereof to the custody of the Secretary of the 13 Treasury when demanded for the purpose of excluding it 14 from the country or for any other purpose, such con15 signee shall forfeit the full amount of the bond as liquidated 16 damages. 17 18 (c) All charges for storage, cartage, and labor on any article which is refused admission or delivery shall be paid 19 by the owner or consignee and in default of such payment shall constitute a lien against any future importations inade 21 by such owner or consignee. 20 22 (d) A food, drug, device, or cosmetic intended for 23 export shall not be deemed to be adulterated or misbranded under this Act if it (1) accords to the specifications of the J. 62545 24 4 50 i 1 foreign purchaser, (2) complies with the laws of the country 2 3 4 to which it is intended for export, and (3) is labeled on the outside of the shipping package with the words "For Export". But if such article is sold or offered for sale in 5 domestic commerce, this paragraph shall not exempt it from any of the provisions of this Act. 6 7 8 9 10 11 12 13 14 PUBLICITY SEC. 715 713. (a) The Secretary shall cause to be publisbed from time to time reports summarizing all judgments, decrees, and court orders which have been rendered, including the nature of the charge and the disposition thereof. (b) The Secretary may also cause to be disseminated information regarding food, drugs, devices, or cosmetics in cases involving situations involving, in the opinion 15 of the Secretary, imminent danger to health or gross de16 ception of the consumer. Nothing in this section shall be 17 construed to prohibit the Secretary from collecting, reporting, 18 and illustrating the results of the investigations of the Department. 19 20 21 SEPARABILITY CLAUSE SEC. 746 714. If any provision of this Act is declared 22 unconstitutional, or the applicability thereof to any person or 23 circumstances is held invalid, the constitutionality of the 24 remainder of the Act and the applicability thereof to other 25 persons and circumstances shall not be affected thereby. 1 2 51 EFFECTIVE DATE AND REPEALS SEC. 717 715. (a) This Act shall take effect twelve 3 months after the date of approval its enactment. The Fed 4 eral Food and Drugs Act of June 30, 1906, as amended 5 (U. S. C., 1934 ed., title 21, secs. 1-15), shall remain in 6 force until such effective date, and, except as otherwise pro 7 vided in this paragraph, is hereby repealed effective upon 8 9 10 11 12 13 14 15 16 such date: Provided, That the provisions of sections 701 and 703 702 shall become effective on the approval enact ment of this Act, and thereafter, the Secretary is authorized hereby to (1) conduct hearings and to promulgate reg ulations which shall become effective on or after the effective date of this Act as the Secretary shall direct, and (2) desig nate prior to the effective date of this Act food having common or usual names and exempt such food from the requirements of subdivision (2) of paragraph (i) of section 302 for a 17 reasonable time to permit the formulation, promulgation, and 18 effective application of definitions and standards of identity 19 therefor as provided by sections 303; section 304 701, and 20 703: Provided further, That the Act of March 4, 1923 (U. S. C., 1934 ed., title 21, sec. 6; 42 Stat. 1500, ch. 268), 22 defining butter and providing a standard therefor, and the 23 provisions of the Act of July 24, 1919 (U. S. C., 1934 ed., 24 title 21, sec. 10; 41 Stat. 271, ch. 26), defining wrapped 25 meats as in package form, shall remain in force and effect 21 |