(f) VIOLATION:

(1) If a violation of the food and drugs act is disclosed, the chief of the station shall send to the importer due notice of the nature of the violation and of the time and place where evidence may be presented showing that the goods should not be refused admission. At the same time similar notice regarding detention of the goods shall be sent to the collector, requesting him to refuse delivery of the goods or to require their return to customs custody if by any chance the merchandise was released without the bond referred to in paragraph (b) of this regulation being given. The time allowed the importer for representations regarding the shipment may be extended at his request for a reasonable period to permit him to secure such evidence.

(2) If the importer does not reply to the notice of hearing in person or by letter within the time allowed on the notice, a second notice, marked "second and last notice," shall be sent at once by the chief of the station, advising him that failure to reply will cause definite recommendation to the collector that goods be refused entry. Rejected goods.

(3) In all cases where the goods are to be refused entry, the chief of the station within one day after hearing, or if the importer does not appear or reply within three days after second notice, shall notify the collector in duplicate accordingly.

(4) Not later than one day after receipt of this notice the collector shall sign and transmit to the importer one of the copies, which shall serve as notification to the importer that the goods must be exported or destroyed within three months from such date, as provided by law; the other notice shall be retained as office record and later returned as a report to chief of station. In all cases the importer shall return his notice to the collector, properly certified as to the information required, as the form provides.

Goods to be conditioned.

(5) If goods may be released after relabeling or after certain conditions are complied with, a notice shall be sent by the chief of station direct to the importer, a carbon copy being sent to the collector. This notice must state specifically the conditions to be performed, so as to bring the performance thereof under the provisions of the customs bonds on consumption and warehouse entries, these bonds including provisions requiring compliance with all of the requirements of the food and drugs act and all regulations and instructions issued thereunder. The notice will also state the officer to be notified by the importer when the goods are ready for inspection.

(6) The importer must return the notice to the collector or chief of station, as designated, with the certificate thereon filled out, stating that he has complied with the prescribed conditions and that the goods are ready for inspection at the place named.

(7) This notice will be delivered to the inspection officer, who, after inspection, will indorse the result thereof on the back of the notice and return the same to the collector or to the chief of the station, as the case may be.

(8) When the conditions to be complied with are under the supervision of the chief of the station, and these conditions have been fully met, he shall release the goods to the importer, sending a copy of the notice of release to the collector for his information.

When, however, release is still conditioned upon destruction of rejections or of some portion of the shipment or the importer has been unsuccessful in meeting the conditions imposed, and the goods must be exported or destroyed, the chief of station shall immediately give notice in duplicate to the collector of the results of inspection. The collector shall sign and immediately transmit one copy of the notice to the importer and proceed in the usual manner.

(9) If the goods are detained, subject to conditioning to be performed under the collector's supervision, the collector, as soon as conditions are performed, will notify the importer that the goods are released. If goods are not properly conditioned within the period allowed, the goods must be exported or destroyed.

(10) When final action has been taken on goods which have been refused entry or on goods the release of which is subject to conditions to be performed under the collector's supervision, the collector shall send to the chief of station a notice of such final action, giving the date of release or destruction or date of export and country to which exported.

(11) When intent to violate the act is evident, the privilege of relabeling, cleaning, and similar renovation will not be allowed. Similarly at the discretion of the station chief this privilege will not be allowed in those cases where through carelessness or otherwise shipments in violation of the act are offered for entry when the exporter or importer has been informed in connection with violations in previous shipments. In general, when shipments with identical labeling have been detained for relabeling three times, the privilege of relabeling will not be extended.

(12) When the privilege of sorting or renovating shipments is allowed, the importer must furnish satisfactory evidence as to the identity of the goods before release is given. This privilege shall not be granted except as stated conditions agreed to by the importer include segregation of goods at a stated place and apart from other goods of similar nature.

(13) The chief of station or other officer by him appointed when it is deemed advisable may require of the importer an affidavit as evidence that the goods have been properly disposed of, such affidavit

to be executed before a notary public or other officer authorized to administer oaths generally.

(14) When imported merchandise subject to the provisions of the Federal food and drugs act is shipped to another port for reconditioning or exportation, the goods must be shipped under customs carrier's manifest, in the same manner as shipments in bond.

(15) Collectors of customs will perform the inspection service whenever goods are to be exported or destroyed, and in other cases when there is no officer of the station available.

(16) Collectors of customs and representatives of the station will confer and arrange the apportionment of the inspection service according to local conditions. Officers of the station will, whenever feasible, perform the inspection service when cleaning, bringing up to standard, and like reconditioning operations are involved. (g) PENALTIES:

(1) In case of failure to comply with the instructions or recommendations of the chief of the station as to the conditions under which the merchandise may be disposed of, the collector shall notify the chief of the station in all cases coming to his attention within three days after inspection or after the expiration of the three months allowed by law if no action is taken.

(2) The chief of the station, upon receipt of the above described notice, and in all cases of failure to meet the conditions imposed in order to comply with the provisions of the Federal food and drugs act coming directly under his supervision, shall transmit to the collector of customs such evidence as he may have at hand tending to indicate the importer's liability and make a recommendation accordingly.

(3) The collector, within three days of the receipt of this recommendation, whether favorable or otherwise, shall notify the importer that, the legal period of three months for exportation or destruction having expired, action will be taken within 30 days to enforce the terms of the bond, unless, in the meantime, application for remission or mitigation of penalties incurred, with definite offer of settlement, is filed with the collector. The application should be in duplicate, with a full statement of reasons, under oath.

(4) The collector shall transmit the application in duplicate, together with his own and the station chief's recommendation, both in duplicate, to the Secretary of the Treasury, Division of Customs, for his action.

(h) NONLABORATORY PORTS:

(1) At ports of entry where there is no laboratory of the Bureau of Chemistry, the collector or deputy, on the day when the first notice of expected shipment of foods or drugs is received, either by

invoice or entry, shall notify the chief of the station in whose territory the port is located.

(2) On the day of receipt of such notice the station chief shall mail to the collector appropriate notice, if no sample is desired. This notice serves as an equivalent to stamping the invoices at laboratory ports with the legend "No samples desired. Bureau of Chemistry, U. S. Dept. of Agriculture, per (initials of inspecting officer)." (3) If samples are desired, the station chief shall immediately notify the collector.

(4) The collector at once shall forward samples, accompanied by description of shipment.

(5) When samples will be requested from each shipment of certain foods or drugs, the chief of station shall furnish to collector and deputies at ports within the station's territory a list of such products, indicating size of sample necessary. Samples should then be sent promptly on arrival of goods without awaiting special request.

(6) In all other particulars the procedure shall be the same at nonlaboratory ports as at laboratory ports, except that the time consumed in delivery of notices by mail shall be allowed for.

(i) The station chief shall be deemed a customs officer in enforcing import regulations.

Regulation 30.-Articles Suitable Only for Technical or Restricted Use, Denaturing.

(Section 11.)

(a) A food or drug which is adulterated or misbranded within the meaning of this act and which is offered for import for industrial purposes must be denatured and the invoice thereof must bear a statement showing that the article is to be used for industrial purposes.

Where, however, it is impracticable to denature such article it may be permitted entry provided

(1) It is plainly and conspicuously labeled, in the case of food, "inedible," and, in the case of drugs, "not for medicinal use."

(2) At the time of entry the importer submits a statement in writing that the article will not be used as a food or drug.

(3) At the time of entry the importer submits a statement that the article will be used in a certain suitable manner by a certain named party or parties.

(4) At the time of entry the importer agrees to furnish satisfactory proof as to the actual use of the article and the name or names of the parties who use it.

The penal bond given at the time of entry will not be canceled until such evidence of satisfactory disposition shall have been received.

(b) A food or drug having but a restricted legitimate use and of such character that it can not legally be distributed for unrestricted general use, e. g., pharmacopoeial crude drugs deficient in active principle and certain substitutes for pharmacopoeial crude drugs, may be allowed entry if properly labeled, provided suitable evidence be furnished by affidavit or otherwise that it will be used by a designated party or parties for manufacture into articles in which it may be legitimately employed. The penal bond given at the time of entry will not be canceled until proof of satisfactory use of the product shall have been received.

Regulation 31.—Alterations and Amendments of Regulations.

These regulations may be altered or amended at any time without previous notice, with the concurrence of the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce.

The foregoing rules and regulations are hereby adopted, effective on this date, and all previous regulations for the enforcement of the Federal food and drugs act are hereby rescinded.

A. W. MELLON,

Secretary of the Treasury. HENRY C. WALLACE,

Secretary of Agriculture.

HERBERT HOOVER,

Secretary of Commerce.

WASHINGTON, D. C., June 10, 1922.

THE FOOD AND DRUGS ACT, JUNE 30, 1906, AS AMENDED AUGUST 23, 1912, MARCH 3, 1913, AND JULY 24, 1919.

AN ACT For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regu lating traffic therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person to manufacture within any Territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court. SEC. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this act, is hereby prohibited; and any person who shall ship or deliver