2. The inspection, under the language of the law, relates to the following points:
(a) To ascertain if the imported products be injurious to health.
(b) If they be falsely branded or labeled in regard to the contents of the packages.
(c) If they be falsely branded or labeled as to the place of manufacture or production.
(d) If they be forbidden entry to or be restricted in sale in the country in which they are made or from which they are exported.
3. A food product, in the absence of contrary judicial interpretation, will be deemed by the Department of Agriculture to be adulterated—
(a) If any valuable ingredient naturally present therein has been extracted.
(b) If a less valuable ingredient has been substituted therefor.
(c) If it be colored, powdered, or polished, with intent to deceive, or to make the article appear of a better quality than it really is.
(d) If it be a substitute for or imitation of a genuine article and offered under the name of that article.
4. Products will be deemed injurious to health in the absence of contrary judicial determination—
(a) If any substance, with the exception of the long-used, well-known condimental substances, viz., common salt, spices, sugar (sucrose or saccharose), wood smoke, and vinegar be added thereto for preserving, coloring, or other purposes, which is injurious to health, either as determined by actual experimental evidence or in the predominating opinion of health officers, hygienists, and physiological chemists.
(b) If the products be decomposed, filthy, decayed, or in any unfit condition for human consumption.
5. Products will be considered by the Department as misbranded in the absence of contrary judicial determination—
(a) If any false name or property be assigned thereto in the label, directly or by implication.
(b) If any false statement be contained in the label relating to the place of manufacture or production of the contents of the package, directly or by implication.
(c) If they be not of the nature, substance, and quality commonly associated with the name under which they are sold or offered for sale.
6. Food products will also be excluded from entry into the United States if they be of a character or kind forbidden entry in the country where they are manufactured or from which they are exported.
7. Food products will also be excluded from the United States if they are forbidden to to be sold or be restricted in sale in the countries in which they are manufactured or from which they are exported.
Illustrations.
Until further notice, or until the matter shall have been determined by judicial decisions, or until the permanent standards for the products mentioned have been established by proclamation, the Department submits the following illustrations for the guidance of importers, as an index to the action of the Department in cases where the product hereinafter mentioned, and like products, are offered for import:
1. Wine bearing a classed name, that is, brands of wine of high grade, recognized by law and by commercial usage, must be true to name; for instance, a wine bearing the name Chateau Larose must be wine coming from the vineyard covered by that appellation and no other. Importers should be ready to furnish certificates, when asked for, of conformity of the wine to the label used. Stretched wine, that is, wine containing a part of the original wine, or a similar wine from a different vineyard, should not be labeled with the name of a true, classed wine.
