Page:Foods and their adulteration; origin, manufacture, and composition of food products; description of common adulterations, food standards, and national food laws and regulations (IA foodstheiradulte02wile).pdf/605

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the Association of Official Agricultural Chemists, and such other experts as he may deem necessary, to establish standards of purity for food products and to determine what are regarded as adulterations therein; to investigate, in collaboration with the Bureau of Animal Industry, the chemistry of dairy products and of adulterants used therein, and of the adulterated products; to determine the composition of process, renovated, or adulterated and other treated butters, and other chemical studies relating to dairy products, and to make all analyses of samples required for the execution of the law regulating the manufacture of process, renovated, or adulterated butters. . . .

To investigate the adulteration, false labeling, or false branding of foods, drugs, beverages, condiments, and ingredients of such articles, when deemed by the Secretary of Agriculture advisable, and report the result in the bulletins of the Department; and the Secretary of Agriculture, whenever he has reason to believe that such articles are being imported from foreign countries which are dangerous to the health of the people of the United States, or which shall be falsely labeled or branded either as to their contents or as to the place of their manufacture or production, shall make a request upon the Secretary of the Treasury for samples from original packages of such articles for inspection and analysis, and the Secretary of the Treasury is hereby authorized to open such original packages and deliver specimens to the Secretary of Agriculture for the purpose mentioned, giving notice to the owner or consignee of such articles, who may be present and have the right to introduce testimony; and the Secretary of the Treasury shall refuse delivery to the consignee of any such goods which the Secretary of Agriculture reports to him to have been inspected and analyzed and found to be dangerous to health or falsely labeled or branded either as to their contents or as to the place of their manufacture or production, or which are forbidden entry or to be sold, or are restricted in sale in the countries in which they are made or from which they are exported. . . . (Sections of appropriations act of March 3, 1905.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.

Sec. 2. That if any person or persons violate the provisions of this act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that the jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (Act of July 1, 1902.)


(F. I. D. 2.)


OPINIONS OF THE ATTORNEY-GENERAL RELATING TO THE SCOPE AND MEANING OF THE ACT OF JULY 1, 1902 (32 STAT., 632), REGULATING THE BRANDING OF DAIRY AND FOOD PRODUCTS FOR INTERSTATE COMMERCE.[1]


August 1, 1903.

In order that a correct understanding might be had as to the scope of the law relating to the branding of dairy and food products, the opinion of the Attorney-General was asked concerning certain features of that act. Samples of labels which were used in com-*

  1. Published as an unnumbered circular, Office of the Secretary.