shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal cost 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 of Columbia 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. DELIVERY OF SAMPLES OF IMPORTED GOODS. 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 appears 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 the 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 impart both the plural and singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this Act, the act, omissions 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. Weight or Measure Branding Laws NATIONAL. The amendment of March 3, 1913, to the food and drugs act of June 30, 1906, provides that food in package form must be labeled to show the quantity of contents in terms of weight, measure or numerical count. The regulations for the enforcement of this amendment are now being formulated. CALIFORNIA. The Act 1913, chapter 167, provides that all food products sold in a container must be labeled to show the weight, measure or numerical count of contents. The law defines a container to be the receptacle in which the commodity is packed for sale or expose sale. Designation shall be in weight, measure or count, as is most feasible according to the character of the product, and if by weight must be in terms of pounds, ounces or fractions avoirdupois; if by liquid measure, in terms of gallons, quarts, pints or fractions thereof; and if by solid measure, in terms of bushels, pecks, quarts or fractions thereof; if by count, shall be expressed in English words of Arabic numerals. In stating the contents, one of the following phrases shall appear: "Net Contents," "Net Weight," "Net Measure," or "Net Count." Unavoidable discrepancies are not to be held a violation of the Act, nor is it a violation, if there is a discrepancy, provided the seller of the article purchased the container in good faith, relying upon the statement of the contents in the container; provided, further, that the name of the packer, manufacturer, wholesaler or jobber appears upon the container. This law took effect April 1st, 1914. CONNECTICUT. The Connecticut law now in effect requires all food products in package form, except confectionary and shelled nuts, sold for 10 cents or less, to be labeled to show the weight, measure or numerical count, with allowance for reasonable variations, under rules and regulations made from time to time by the dairy and food commissioner and the director of the Connecticut experiment station. This law is now in effect, and by a ruling of the courts the term "package" has been construed to cover such things as cases of bottles. Therefore, under the Connecticut law, canned foods designated for sale in that State should be marked or stenciled in a way to show the net contents of the cans enclosed. FLORIDA. Under the law now in effect it is necessary to state the weight, measure or numerical count of contents on all food products sold in package form. Reasonable variations are permitted. The regulations provide that the net weight shall be stated in pounds or ounces, avoirdupois, and that the_net_measure shall be stated in U. S. standard gallons, quarts or fluid ounces. Packages 238 WEIGHT OR MEASURE BRANDING LAWS. containing more than a pound shall state the weight in pounds and ounces; weights less than a pound shall be stated in ounces. It is not permissible to state a pound or more in ounces or one quart or more in fluid ounces. IOWA. The act taking effect September 3, 1914, requires that food products in package form shall be labeled to show the weight, measure or numerical count of contents. Reasonable variations are permitted. MAINE. Under the Maine law canned foods must be labeled to show the quantity of contents in terms of weight, measure or numerical count. Reasonable variations are permitted. MICHIGAN. Food products in package form are required to bear upon the principal label a statement of the true net weight in terms of pounds, ounces and grains avoirdupois, or true net measure, in terms of gallons of 231 cu. in., or fractions thereof, and quarts, pints and gills, or true numerical count. Reasonable variations are permitted. MONTANA. All commodities, including food products in package or container when sold or offered for sale, must be labeled with a correct statement of the weight, measure or numerical count. In determining whether or not the correct weight is stated, the usual leakage, evaporation or waste shall be taken into consideration. A variation of 3 per cent. from the stated weight is allowed, provided the variation is as often above as below the weight stated. These provisions took effect January 1st, 1914. NEBRASKA. All food products in package form must be labeled to show the weight, measure or numerical count of the contents. Reasonable variations are permitted with the same proviso as in the Montana law. NEVADA. All commodities in package form, including food products, must be labeled with the weight, measure or numerical count of the contents. A slight variation is permissible when the same is as often above as below the weight stated, and the ordinary evaporation, leakage or waste shall be considered in determining whether or not the statement of weight is true. NEW HAMPSHIRE. The Act dated November 22, 1914, requires all food products in package form to be labeled to show the weight, measure or numerical count of contents. Reasonable variations are permitted. NEW YORK. All commodities sold in containers must be labeled to show the weight, measure or numerical count. Reasonable variations are permitted. The size of type to be used in marking the weight is prescribed by regulation, as follows: In type at least 1-9 inch in height where the weight of contents is in 14 lb., 1⁄2 lb. or multiples of 1⁄2 lb.; otherwise in type at least 3-16 of an inch in height. The statute went into effect February 1, 1914. NORTH DAKOTA. All food products in package form must be labeled with the weight. Reasonable variations are permitted. OREGON. Food products in package form must be labeled to show the weight, measure or numerical count. Variations are permitted. The statute took effect July 1, 1914. PENNSYLVANIA. The law approved by the Governor about July 24, 1913, provides that every commodity or article of food packed in containers of any description shall bear a plainly legible statement of the net weight, measure or numerical count of contents or of the net volume thereof, and the name and address of the manufacturer, producer or distributor. Reasonable variations to be established by the Chief of the Bureau of Standards are permitted. SOUTH DAKOTA. The law now in effect provides that all food products sold in package form, bottle or container must be labeled to show the weight, measure or numerical count. Variations are permitted. UTAH. All food products in packages must be labeled with the weight, measure or numerical count. Reasonable variations are permitted. This law was passed in 1913. WISCONSIN. Foods in package form must be labeled to show the weight, measure or numerical count. Reasonable variations are permitted. This act took effect September 3, 1914. WYOMING. Food products in package form must be labeled with the weight, measure or numerical count. Reasonable variations are permitted. 240 RECOMMENDED WEIGHTS FOR CANNED FOOD LABELS. CANNED FOODS WEIGHTS Suggested arbitrary weights of contents to be used on labels to comply with the various State and National pure food laws, as approved by the Conference Commitee of the National Wholesale Grocers' Association and the National Canners' Association. The following weights allow for reasonable tolerances; in other words, cans reasonably well filled will weigh more than the weight expressed below. The following legend is recommended: 66 48 5". 5" Apple Butter. " "Contents" to be expressed...Lbs...Oz. No. Lbs. Ozs. 2333∞0 I ΙΟ Blackberries, H. S.. 36 No. Lbs. Ozs. 2 I 5 122 2550 +384320 Blueberries, H. S. California Fruits- Extra Stand. (Tall). I Extra (Flat). Standards (Flat) Extra Extra Standard.. Standards но оос I I 15 I 14 14 I I I It I 0 21 I 14 21 I 14 21 I 14 2 I 12 66 Second (Tall).. Second (Flat). Extra Second 21 I 12 21 I 12 I I 1435026 Extra Water Cauliflower II 3 6621116 6 14 6 2 I 5 I 3 I 15 I 0 14 Chile Con Carne. Extra, 5". Extra Standards. Pie 46 2 I 5 21 I 15 II Currants IO 6 ΙΟ ... |