Executive Order 3210

Establishing Regulations for the Canal Zone Relative to the Sale, Possession, and Disposition of Liquors For Sacramental, Scientific, Industrial, Pharmaceutical, and Medicinal Purposes.

By virtue of the authority vested in me by Section 20 of the Act of Congress entitled "An Act To prohibit intoxicating beverages, and to regulate the manufacture, production, use and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries," effective October 28, 1919, I hereby establish the following regulations for the Canal Zone.

Section 1. The Chief Health Officer of The Panama Canal, under the direction of the Governor of The Panama Canal, is hereby authorized and directed to administer the regulations established hereunder; and he may designate one or more assistants to aid him in the performance of his duties, who shall exercise such powers as the Chief Health Officer may delegate to them from time to time.

Section 2. In conformity with Section 1, Title II, of the above-mentioned Act of Congress, the word "liquor" when used in these regulations, shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spiritous, vinous, malt, or fermented liquors, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use for beverage purposes: Provided, That the foregoing definition shall not extend to dealcoholized wine or to any beverage or liquid produced by the process by which beer, ale, porter or wine is produced, if it contain less than one-half of one per cent of alcohol by volume, and is otherwise denominated than as beer, ale, or porter.

In conformity with Section 1, Title III, of the above-mentioned Act of Congress, the term "alcohol" means that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, from whatever source or whatever processes produced.

Section 3. No liquors for sacramental purposes shall be imported into the Canal Zone or possessed, used, or disposed of therein for that purpose except upon the written permit of the Chief Health Officer or his duly authorized assistant. The permit shall not be issued except upon a written application of a priest or other minister of the gospel, rabbi, or official of any religious sect residing within the Canal Zone. The application shall be dated, shall state the name of the applicant in full, his official position, his church or institution, and where it is located, and that he desires to import into the Canal Zone and use the liquors described in the application for sacramental purposes only, giving the quantity thereof, where he is to obtain the same, and how it is to be transported into the Canal Zone. The application shall state that the liquor applied for will be necessary to cover the sacramental use thereof by the applicant's church or congregation for a period of days to be stated in the application, and that he will undertake to the best of his ability to see that none of the liquor applied for shall be used for other than sacramental uses; and he shall also state the quantity, approximately, of any liquor he then has on hand for sacramental purposes. The application shall be signed by the applicant, and shall state his address for shipment purposes.

If, in the opinion of the Chief Health Officer, the application should be granted, he will endorse his approval thereon and sign the same officially and deliver it to the applicant; and the Chief Health Officer shall keep a record of each permit issued by him or his assistants.

Section 4. No physician in the Canal Zone not employed by the Health Department of the Canal, the Army, Navy, or Public Health Service of the United States, shall be authorized to prescribe liquor to any patient unless the physician holds a permit issued by the Chief Health Officer of The Panama Canal; and all such permits shall be in writing, giving the date of issue, the name and address of the person to whom it was issued, and shall designate and limit the acts which are permitted, and the time and place where such acts may be performed. The permit shall be signed by the Chief Health Officer or his authorized assistant, and shall be delivered to the applicant; and the Chief Health Officer shall keep a record of each permit so issued by him or his assistant. No permit shall be required under this section from a physician in the employ of The Panama Canal, the Army, Navy, or Public Health Service of the United States.

Section 5. No one but a physician, authorized to do so under the preceding section, shall be permitted to prescribe liquors for medicinal purposes in the Canal Zone, and no liquors shall be so prescribed except after careful physical examination of the person for whose use such prescription is sought, or if such examination is found impracticable, then only when upon the best information obtainable the physician believes that the issue of such liquor to such person is necessary and will afford him relief from some known ailment. A prescription issued bona fide under these regulations shall authorize the person named in the same to use and possess the liquor described in the prescription, and in the quantity and for the time therein stated.

Section 6. No prescription issued by a physician not a resident of the Canal Zone shall authorize the introduction into the Canal Zone, or the use or possession therein, of any liquor, unless such prescription shall have been approved by the Chief Health Officer or one of his assistants.

Section 7. No druggist or pharmacist not in the employ of the Health Department of The Panama Canal or the Army, Navy, or Public Health Service of the United States, shall be authorized to issue liquors upon a physician's prescription, unless such druggist or pharmacist holds a written permit from the Chief Health Offices or one of his duly authorized assistants, and then only in the form and manner authorized by such written permit. No permit shall be required under this section from a druggist or pharmacist in the employ of The Panama Canal, or the Army, Navy, or Public Health Service of the United States.

Section 8. No liquors obtained outside of the Canal Zone shall be permitted to enter the Canal Zone, or to be possessed or used therein for sacramental, pharmaceutical, medicinal, industrial or scientific purposes except with the approval of the Chief Health Officer or his assistants and such approval shall not be given unless such officer is satisfied that the liquor is intended to be used for the purposes enumerated in this section, and in conformity with the law and the regulations.

Section 9. No liquor shall be manufactured for sacramental, medicinal, pharmaceutical, scientific, or industrial purposes, except in the laboratories of The Panama Canal; and no liquors shall be used for sacramental, medicinal, or pharmaceutical purposes except in the manner hereinbefore described; and no liquors shall be used for scientific or industrial purposes except upon authorization of the Chief Health Officer. The Chief Health Officer is hereby authorized and directed to issue, from time to time, such instructions as are not inconsistent with law, for the manufacture and use of liquors under these regulations.

Section 10. The articles enumerated in this section, after having been manufactured and prepared for market, shall not be subject to the provisions of these regulations, if they correspond with the following descriptions and limitations, viz:

(a) Denatured alcohol or denatured rum produced and used as provided by the laws and regulations of the United States, now or hereafter in force.

(b) Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopeia, National Formulary, or the American Institute of Homeopathy that are unfit for use for beverage purposes.

(c) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes.

(d) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes.

(e) Flavoring extracts and sirups, that are unfit for use as a beverage, or for intoxicating beverage purposes.

(f) Vinegar and preserved sweet cider.

The manufacture and preparation of such said articles, however, shall be subject to such conditions as the Chief Health Officer may impose.

Section 11. The Chief Health Officer may from time to time require any and all persons having in their possession any liquor for sacramental, medicinal, pharmaceutical, scientific, or industrial purposes, to submit a statement to him showing the amount of such liquor in their possession; and he is hereby authorized to issue from time to time such instructions as he may deem necessary to fully carry out these regulations, including instructions regarding the use of liquors by veterinarians employed by The Panama Canal and other departments of the Government of the United States.

Section 12. Each and every violation of any of the provisions of these regulations shall be punished by a fine of not more than $1,000 and imprisonment of not exceeding six months for a first offense, and by a fine of not less than $200 or more than $2,000 and imprisonment of not less than one month nor more than five years for a second and subsequent offense, to be imposed by the District Court of the Canal Zone.

Section 13. These regulations shall be effective from and after this date.

Woodrow Wilson 

The White House,

7 January, 1920.