be stated in terms of grains or minims per fluid ounce; in a solid, the quantity shall be stated in terms of grains or minims per avoirdupois ounce, provided that statements may be in terms of the metric system, if preferred.

(c) When two or more pills, wafers, tablets, powders, capsules, and the like are put up for sale or distribution in the same container, the quantity of the specified substance or derivative present in each pill, wafer, tablet, powder, capsule, or other unit, shall be stated.

(d) A statement of the maximum quantity or proportion of any substance specified in regulation 24 present will meet the requirements, provided the maximum stated does not vary materially from the average quantity or proportion.

Regulation 26.-Statement of Weight, Measure, or Count.

(Section 8, paragraph third, in the case of food.)

(a) Except as otherwise provided by this regulation, a package of food shall be plainly and conspicuously marked with the quantity of the contents in terms of weight, measure, or numerical count on the outside of the container, or of the covering of the package usually delivered to the consumer.

(b) The quantity of the contents so marked shall be the quantity of food in the package.

(c) The statement of the quantity of the contents shall be plain and conspicuous, shall not be a part of or obscured by any legend or design, and shall be so placed and in such characters as to be readily seen and clearly legible when the size of the package and the circumstances under which it is ordinarily examined by purchasers or consumers are taken into consideration.

(d) The quantity of the contents when stated by weight or measure shall be marked in terms of the largest unit contained in the package, except that, in the case of an article with respect to which there exists a definite trade custom for marking the quantity of the article in terms of fractional parts of larger units, it may be so marked in accordance with the custom. Common fractions shall be reduced to their lowest terms; fractions expressed as decimals shall be preceded by zero and shall be carried out to not more than two places.

(e) Statement of weight shall be in terms of the avoirdupois pound and ounce; statement of liquid measure shall be in terms of the United States gallon of 231 cubic inches and its customary subdivisions, i. e., gallons, quarts, pints, or fluid ounces, and shall express the volume of the liquid at 68° F. (20° C.); statement of dry measure shall be in terms of the United States standard bushel of 111640°-22-3

2,150.42 cubic inches and its customary subdivisions, i. e., bushels. pecks, quarts, or pints, or, in the case of articles in barrels, in terms of the United States standard barrel and its lawful subdivisions, i. e., third, half, or three-quarters barrel, as fixed by the act of March 4, 1915 (38 Stat. 1186): Provided, That statement of quantity may be in terms of metric weight or measure. Statement of metric weight shall be in terms of kilograms or grams. Statement of metric measure shall be in terms of liters or cubic centimeters. Other terms of metric weight or measure may be used if it appears that a definite trade custom exists for marking articles with such other terms and the articles are marked in accordance with the custom.

(f) The quantity of solids shall be stated in terms of weight and the quantity of liquids in terms of measure, except that in case of an article in respect to which there exists a definite trade custom otherwise the statement may be in terms of weight or measure in accordance with such custom. The quantity of viscous or semisolid foods or of mixtures of solids and liquids may be stated either by weight or measure, but the statement shall be definite and shall indicate whether the quantity is expressed in terms of weight or measure, as, for example, "weight 12 oz." or "12 oz. avoirdupois," "volume 12 ounces or "12 fluid ounces."

(g) The quantity of the contents shall be stated in terms of weight or measure unless the package is marked by numerical count and such numerical count gives accurate information as to the quantity of the food in the package.

(h) The quantity of the contents may be stated in terms of minimum weight, minimum measure, or minimum count, for example, "minimum weight 10 oz.," "minimum volume 1 gallon," or "not less than 4 fl. oz.," but in such case the statement must approximate the actual quantity and there shall be no tolerance below the stated minimum.

(2) The following tolerances and variations from the quantity of the contents marked on the package shall be allowed:

(1) Discrepancies due exclusively to errors in weighing, measuring, or counting which occur in packing conducted in compliance with good commercial practice.

(2) Discrepancies due exclusively to differences in the capacity of bottles and similar containers, resulting solely from unavoidable difficulties in manufacturing such bottles or containers so as to be of uniform capacity: Provided, That no greater tolerance shall be allowed in case of bottles or similar containers which, because of their design, can not be made of approximately uniform capacity

than is allowed in case of bottles or similar containers which can be manufactured so as to be of approximately uniform capacity.

(3) Discrepancies in weight or measure due exclusively to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of the packages to evaporation or to the absorption of water.

Discrepancies under classes (1) and (2) of this paragraph shall be as often above as below the marked quantity. The reasonableness of discrepancies under class (3) of this paragraph will be determined on the facts in each case.

(1) A package containing one-half avoirdupois ounce of food or less is "small" and shall be exempt from marking in terms of weight.

(k) A package containing one fluid ounce of food or less is "small" and shall be exempt from marking in terms of measure.

(7) When a package is not required by paragraph (g) to be marked in terms of either weight or measure and the units of food therein are six or less, it shall, for the purpose of this regulation, be deemed "small" and shall be exempt from marking in terms of numerical count.

Regulation 27.-Articles Intended for Export.

(Section 2.)

(a) An article of food or drugs intended for export is not adulterated or misbranded within the meaning of the act if it is established by the shipper or exporter that the article is prepared or packed according to the specifications or directions of the foreign purchaser and that no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which the article is intended to be shipped.

(b) An article intended for export prepared or packed in accordance with paragraph (a) of this regulation shall be labeled on the outside container or wrapper so as to show that the article is intended for export and is prepared or packed in accordance with the specifications or directions of the foreign purchaser. This marking is required only on an article which otherwise would be classed as adulterated or misbranded.

(c) An article prepared for export in accordance with paragraphs (a) and (b) of this regulation if sold or offered for sale for domestic consumption is subject to all the provisions of the act regarding domestic sale.

Regulation 28.-Declaration on Imports.

(Section 11.)

(a) All invoices of food or drug products shipped to the United States shall have attached to them a declaration of the shipper, executed before a United States consular officer, as follows;

I, the undersigned, am the

19_-.

11119

certified at

(Seller or owner, or agent of seller or owner.) of the merchandise mentioned and described in the accompanying consular invoice. It consists of food or drug products which contain no added substances injurious to health. These products were grown in tured in

(Town and country.) and are exported from

and manufac

(Country.)

by

during the year

(Name of manufacturer.)
and consigned to
(City.)

(City.)

They bear no false labels or marks, contain no added coloring matter except -, no preservative (salt, sugar, vine

(State coloring matter used, if any.)

gar, or wood smoke excepted) except

(State preservatives used, if any.)

and are not of a character to cause prohibition or restriction in sale in the country where made or from which exported, nor do I believe that they are of such a character as to prohibit their entry into the United States, in accordance with the provisions of the Federal food and drugs act.

I do solemnly and truly declare the foregoing statements to be true, to the best of my knowledge and belief.

1. This declaration is to be firmly attached to the extra copy of consular invoice on Form No. 138-140 or 139-140 of shipment over $100 in value.

2. The official seal must be firmly impressed on the declaration, and the number, date of certification of invoice, and name of post plainly indicated.

3. Shipper should be instructed to declare the name of the manufacturer whenever possible.

4. If the declaration is believed to be incorrect or incomplete, or if consul believes that the goods are liable to detention, he should note such information on the invoice in the consular corrections or remarks column.

(b) In case of importations to be entered at Baltimore, Boston, Buffalo, Chicago, Cincinnati, Denver, Kansas City, Minneapolis, New Orleans, New York, Philadelphia, San Francisco, San Juan (P. R.), Savannah, St. Louis, Seattle, and other points where food

and drug inspection stations shall be established, this declaration shall be attached to the invoice on which entry is made. In other cases the declaration shall be attached to a copy of the invoice prepared for the Bureau of Chemistry.

Regulation 29.-Import Procedure.
(Section 11.)

(a) The enforcement of the provisions of the Federal food and drugs act as they relate to imported foods and drugs will, as a general rule, be under the local direction of the officers of the food and drug inspection stations of the Bureau of Chemistry, Department of Agriculture, collectors of customs acting as administrative officers in carrying out directions relative to the detention, exportation, and destruction of merchandise and action under the bond in case of noncompliance with the provisions of the act.

(b) Merchandise subject to examination in accordance with the provisions of the act shall not be delivered to the consignee prior to report of examination, unless a bond has been given on the appropriate form for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal of the consignee to return such goods for any cause to the custody of the collector 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.

(c) As soon as the importer makes entry, the invoices covering foods and drugs and the public stores packages shall be made available, with the least possible delay, for inspection by the representative of the station. When no sample is desired the invoice shall be stamped by the station "No sample desired. Bureau of Chemistry, U. S. Department of Agriculture, per (initials of inspecting officer).'

(d) On the same day that samples are requested by the station, the collector or appraiser shall notify the importer that samples will be taken, that the goods must be held intact pending a notice of the result of inspection and analysis, and that in case the goods do not comply with the requirements of the Federal food and drugs act they must be returned to the collector for disposition. This notification may be given by the collector or appraiser through individual notices to the importer or by suitable bulletin notices posted daily in the customhouse.

(e) No VIOLATION-RELEASE:

As soon as examination of the samples is completed, if no violation of the act is detected, the chief of the station shall send a notice of release to the importer, a copy of this notice to be sent to the collector of customs for his information.