Appendix B — United States Department of Agriculture, Office of the… — Foods and Their Adulteration by Harvey Washington Wiley

Appendix B — United States Department of Agriculture, Office of the Secretary — Circular No. 21

Letter of Transmittal

Washington, D. C., October 16, 1906.

The Secretaries of the Treasury, of Agriculture, and of Commerce and Labor.

Sirs: The Commission appointed to represent your several Departments in the formulation of uniform rules and regulations for the enforcement of the food and drugs act, approved June 30, 1906, has reached a unanimous agreement and respectfully submits the results of its deliberations and recommends their adoption.

Very respectfully,

H. W. Wiley,
James L. Gerry,
S. N. D. North.

Rules and Regulations for the Enforcement of the Food and Drugs Act

General

Regulation 1. Short Title of the Act

The act, “For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes,” approved June 30, 1906, shall be known and referred to as “The Food and Drugs Act, June 30, 1906.”

Regulation 2. Original Unbroken Package

(Section 2.)

The term “original unbroken package” as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package.

Regulation 3. Collection of Samples

(Section 4.)

Samples of unbroken packages shall be collected only by authorized agents of the Department of Agriculture; or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose.

Samples may be purchased in the open market, and if in bulk the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples.

A sample shall be divided into three parts, and each part shall be labeled with the identifying marks. All samples shall be sealed by the collector with a seal provided for the purpose. If the package be less than 4 pounds, or in volume less than 2 quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased or to the party guaranteeing such merchandise. One sample shall be sent to the Bureau of Chemistry, or to such chemist or examiner as may be designated by the Secretary of Agriculture, and the third sample shall be held under seal by the Secretary of Agriculture.

Regulation 4. Methods of Analysis

(Section 4.)

Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopœia.

Regulation 5. Hearings

(Section 4.)

(a) When the examination or analysis shows that the provisions of the food and drugs act, June 30, 1906, have been violated, notice of that fact, together with a copy of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in the food and drugs act, June 30, 1906, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture, or such other official connected with the food and drug inspection service as may be commissioned by him for that purpose. The hearings shall be had at a place, to be designated by the Secretary of Agriculture, most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorney and may propound proper interrogatories and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. The Secretary of Agriculture may order a re-examination of the sample or have new samples drawn for further examination.

(b) If the examination or analysis be found correct the Secretary of Agriculture shall give notice to the United States District Attorney as prescribed.

(c) Any health, food, or drug officer or agent of any State, Territory, or the District of Columbia who shall obtain satisfactory evidence of any violation of the food and drugs act, June 30, 1906, as provided in section 5 thereof, shall first submit the same to the Secretary of Agriculture, in order that the latter may cause notice to be given to the guarantor or to the party from whom the sample was obtained.

Regulation 6. Publication

(Section 4.)

(a) When a judgment of the court shall have been rendered there may be a publication of the findings of the examiner or analyst, together with the findings of the court.

(b) This publication may be made in the form of circulars, notices, or bulletins, as the Secretary of Agriculture may direct, not less than thirty days after judgment.

(c) If an appeal be taken from the judgment of the court before such publication, notice of the appeal shall accompany the publication.

Regulation 7. Standards for Drugs

(Section 7.)

(a) A drug bearing a name recognized in the United States Pharmacopœia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopœia or National Formulary, official at the time.

(b) A drug bearing a name recognized in the United States Pharmacopœia or National Formulary, and branded to show a different standard of strength, quality, or purity, shall not be regarded as adulterated if it conforms to its declared standard.

Regulation 8. Formulas — Proprietary Foods

(Section 8, Last Paragraph.)

(a) Manufacturers of proprietary foods are only required to state upon the label the names and percentages of the materials used, in so far as the Secretary of Agriculture may find this to be necessary to secure freedom from adulteration and misbranding.

(b) The factories in which proprietary foods are made shall be open at all reasonable times to the inspection provided for in Regulation 16.

Regulation 9. Form of Guaranty

(Section 9.)

(a) No dealer in food or drug products will be liable to prosecution if he can establish that the goods were sold under a guaranty by the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States from whom purchased.

(b) A general guaranty be filed with the Secretary of Agriculture by the manufacturer or dealer and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words, “Guaranteed under the food and drugs act, June 30, 1906.”

I (we) the undersigned do hereby guarantee that the articles of foods or drugs manufactured, packed, distributed, or sold by me (us) [specifying the same as fully as possible] are not adulterated or misbranded within the meaning of the food and drugs act, June 30, 1906.

(Signed in ink.)

[Name and place of business of wholesaler, dealer, manufacturer, jobber, or other parties.]

(d) If the guaranty be not filed with the Secretary of Agriculture as above, it should identify and be attached to the bill of sale, invoice, bill of lading, or other schedule giving the names and quantities of the articles sold.

Adulteration

Regulation 10. Confectionery

(Section 7.)

(a) Mineral substances of all kinds (except as provided in Regulation 15) are specifically forbidden in confectionery whether they be poisonous or not.

(b) Only harmless colors or flavors shall be added to confectionery.

(c) The term “narcotic drugs” includes all the drugs mentioned in section 8, food and drugs act, June 30, 1906, relating to foods, their derivatives and preparations, and all other drugs of a narcotic nature.

Regulation 11. Substances Mixed and Packed With Foods

(Section 7, Under “Foods.”)

No substance may be mixed or packed with a food product which will reduce or lower its quality or strength. Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further process of manufacture.

Regulation 12. Coloring, Powdering, Coating, and Staining

(Section 7, Under “Foods.”)

(a) Only harmless colors may be used in food products.

(b) The reduction of a substance to a powder to conceal inferiority in character is prohibited.

(c) The term “powdered” means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder.

(d) The term “coated” means the application of any substance to the exterior portion of a food product.

(e) The term “stain” includes any change produced by the addition of any substance to the exterior portion of foods which in any way alters their natural tint.

Regulation 13. Natural Poisonous or Deleterious Ingredients

(Section 7, Paragraph 5, Under “Foods.”)

Any food product which contains naturally a poisonous or deleterious ingredient does not come within the provisions of the food and drugs act, June 30, 1906, except when the presence of such ingredient is due to filth, putrescence, or decomposition.

Regulation 14. External Application of Preservatives

(Section 7, Paragraph 5, Under “Foods,” Proviso.)

(a) Poisonous or deleterious preservatives shall only be applied externally, and they and the food products shall be of a character which shall not permit the permeation of any of the preservative to the interior, or any portion of the interior, of the product.

(b) When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of section 7, paragraph 5, under “Foods,” shall not obtain, and such food products shall then be subject to the regulations for food products in general.

Regulation 15. Wholesomeness of Colors and Preservatives

(Section 7, Paragraph 5, Under “Foods.”)

(a) Respecting the wholesomeness of colors, preservatives, and other substances which are added to foods, the Secretary of Agriculture shall determine from chemical or other examination, under the authority of the agricultural appropriation act, Public 382, approved June 30, 1906, the names of those substances which are permitted or inhibited in food products; and such findings, when approved by the Secretary of the Treasury and the Secretary of Commerce and Labor, shall become a part of these regulations.

(b) The Secretary of Agriculture shall determine from time to time, in accordance with the authority conferred by the agricultural appropriation act, Public 382, approved June 30, 1906, the principles which shall guide the use of colors, preservatives, and other substances added to foods; and when concurred in by the Secretary of the Treasury and the Secretary of Commerce and Labor, the principles so established shall become a part of these regulations.

Regulation 16. Character of the Raw Materials

(Section 7, Paragraph 1, Under “Drugs”; Paragraph 6, Under “Foods.”)

(a) The Secretary of Agriculture, when he deems it necessary, shall examine the raw materials used in the manufacture of food and drug products, and determine whether any filthy, decomposed, or putrid substance is used in their preparation.

(b) The Secretary of Agriculture shall make such inspection as often as he may deem necessary.

Misbranding

Regulation 17. Label

(Section 8.)

(a) The term “label” applies to any printed, pictorial, or other matter upon or attached to any package of a food or drug product, or any container thereof.

(b) The principal label shall consist, first, of all words which the food and drugs act, June 30, 1906, specifically requires, to wit, the name of the substance or product; the name of place of manufacture in the case of food compounds or mixtures; words which show that the articles are compounds, mixtures, or blends; the words “compound,” “mixture,” or “blend”; or words designating the substances or their derivatives and proportions required to be named in the case of drugs and foods. All these required words shall appear upon the principal label with no intervening descriptive or explanatory reading matter. Second, if the name of the manufacturer and place of manufacture are given, they shall also appear upon the principal label. Third, elsewhere upon the principal label other matter may appear in the discretion of the manufacturer.

(c) The principal label on foods or drugs for domestic commerce shall be printed in English (except as provided in Regulation 19), with or without the foreign label in the language of the country where the food or drug product is produced or manufactured. The size of type shall not be smaller than 8-point (brevier) caps: Provided, That in case the size of the package will not permit the use of 8-point cap type the size of the type may be reduced proportionately.

(d) The form, character, and appearance of the labels, except as provided above, are left to the judgment of the manufacturer.

(e) Descriptive matter upon the label shall be free from any statement, design, or device regarding the article or the ingredients or substances contained therein, or quality thereof, or place of origin, which is false or misleading in any particular.

(f) An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent.

In the case of drugs the nomenclature employed by the United States Pharmacopœia and the National Formulary shall obtain.

(g) The term “design” or “devise” applies to pictorial matter of every description, and to abbreviations, characters, or signs for weights, measures, or names of substances.

(h) The use of any false or misleading statement, design, or devise shall not be justified by any statement given as the opinion of an expert or other person, appearing on any part of the label, nor by any descriptive matter explaining the use of the false or misleading statement, design, or devise.

(i) The regulation regarding the principal label will not be enforced until October 1, 1907, in the case of labels printed and now on hand, whenever any statement therein contained which is contrary to the food and drugs act, June 30, 1906, as to character of contents, shall be corrected by a supplemental label, stamp, or paster. All other labels now printed and on hand may be used without change until October 1, 1907.

Regulation 18. Name and Address of Manufacturer

(Section 8.)

(a) The name of the manufacturer or producer, or the place where manufactured, except in case of mixtures and compounds having a distinctive name, need not be given upon the label, but if given, must be the true name and the true place. The words “packed for ————,” “distributed by ————” or some equivalent phrase, shall be added to the label in case the name which appears upon the label is not that of the actual manufacturer or producer, or the name of the place not the actual place of manufacture or production.

(b) When a person, firm, or corporation actually manufactures or produces an article of food or drug in two or more places, the actual place of manufacture or production of each particular package need not be stated upon the label except when in the opinion of the Secretary of Agriculture the mention of any such place, to the exclusion of the others, misleads the public.

Regulation 19. Character of Name

(Section 8.)

(a) A simple or unmixed food or drug product not bearing a distinctive name shall be designated by its common name in the English language, or, if a drug, by any name recognized in the United States Pharmacopœia or National Formulary. No further description of its components or qualities is required, except as to content of alcohol, morphin, etc.

(b) The use of a geographical name shall not be permitted in connection with a food or drug product not manufactured or produced in that place, when such name indicates that the article was manufactured or produced in that place.

(c) The use of a geographical name in connection with a food or drug product will not be deemed a misbranding when by reason of long usage it has come to represent a generic term and is used to indicate a style, type, or brand; but in all such cases the State or Territory where any such article is manufactured or produced shall be stated upon the principal label.

(d) A foreign name which is recognized as distinctive of a product of a foreign country shall not be used upon an article of domestic origin except as an indication of the type or style of quality or manufacture, and then only when so qualified that it can not be offered for sale under the name of a foreign article.

Regulation 20. Distinctive Name

(Section 8.)

(a) A “distinctive name” is a trade, arbitrary, or fancy name which clearly distinguishes a food product, mixture or compound from any other food product, mixture or compound.

(b) A distinctive name shall not be one representing any single constituent of a mixture or compound.

(d) A distinctive name shall give no false indication of origin, character or place of manufacture, nor lead the purchaser to suppose that it is any other food or drug product.

Regulation 21. Compounds, Imitations, or Blends Without Distinctive Name

(Section 8.)

(a) The term “blend” applies to a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.

(b) If any age is stated, it shall not be that of a single one of its constituents, but shall be the average of all constituents in their respective proportions.

(d) In order that colors or flavors may not increase the volume or weight of a blend, they are not to be used in quantities exceeding 1 pound to 800 pounds of the blend.

(e) A color or flavor can not be employed to imitate any natural product or any other product of recognized name and quality.

(f) The term “imitation” applies to any mixture or compound which is a counterfeit or fraudulent simulation of any article of food or drug.

Regulation 22. Articles Without a Label

(Section 8, Paragraph 1, Under “Drugs”; Paragraph 1, Under “Foods.”)

It is prohibited to sell or offer for sale a food or drug product bearing no label upon the package or no descriptive matter whatever connected with it, either by design, device, or otherwise, if said product be an imitation of or offered for sale under the name of another article.

Regulation 23. Proper Branding Not a Complete Guaranty

Packages which are correctly branded as to character of contents, place of manufacture, name of manufacturer, or otherwise, may be adulterated and hence not entitled to enter into interstate commerce.

Regulation 24. Incompleteness of Branding

A compound shall be deemed misbranded if the label be incomplete as to the names of the required ingredients. A simple product does not require any further statement than the name or distinctive name thereof, except as provided in Regulations 19 (a) and 28.

Regulation 25. Substitution

(Sections 7 and 8.)

(a) When a substance of a recognized quality commonly used in the preparation of a food or drug product is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label.

(b) When any substance which does not reduce, lower, or injuriously affect its quality or strength, is added to a food or drug product, other than that necessary to its manufacture or refining, the label shall bear a statement to that effect.

Regulation 26. Waste Materials

(Section 8.)

When an article is made up of refuse materials, fragments, or trimmings, the use of the name of the substance from which they are derived, unless accompanied by a statement to that effect, shall be deemed a misbranding. Packages of such materials may be labeled “pieces,” “stems,” “trimmings,” or with some similar appellation.

Regulation 27. Mixtures or Compounds With Distinctive Names

(Section 8. First Proviso Under “Foods,” Paragraph 1.)

(a) The terms “mixtures” and “compounds” are interchangeable and indicate the results of putting together two or more food products.

(b) These mixtures or compounds shall not be imitations of other articles, whether simple, mixed, or compound, or offered for sale under the name of other articles. They shall bear a distinctive name and the name of the place where the mixture or compound has been manufactured or produced.

(c) If the name of the place be one which is found in different States, Territories, or countries, the name of the State, Territory, or country, as well as the name of the place, must be stated.

Regulation 28. Substances Named in Drugs or Foods

(Section 8. Second Under “Drugs”; Second Under “Foods.”)

(a) The term “alcohol” is defined to mean common or ethyl alcohol. No other kind of alcohol is permissible in the manufacture of drugs except as specified in the United States Pharmacopœia or National Formulary.

(b) The words alcohol, morphin, opium, etc., and the quantities and proportions thereof, shall be printed in letters corresponding in size with those prescribed in Regulation 17, paragraph (c).

(c) A drug, or food product except in respect of alcohol, is misbranded in case it fails to bear a statement on the label of the quantity or proportion of any alcohol, morphin, opium, heroin, cocain, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

(d) A statement of the maximum quantity or proportion of any such substances present will meet the requirements, provided the maximum stated does not vary materially from the average quantity or proportion.

(e) In case the actual quantity or proportion is stated it shall be the average quantity or proportion with the variations noted in Regulation 29.

(f) The following are the principal derivatives and preparations made from the articles which are required to be named upon the label:

Alcohol, Ethyl (Cologne spirits, Grain alcohol, Rectified spirits, Spirits, and Spirits of wine):

Derivatives—

Aldehyd, Ether, Ethyl acetate, Ethyl nitrite, and Paraldehyd.

Preparations containing alcohol—

Bitters, Brandies, Cordials, Elixirs, Essences, Fluidextracts, Spirits, Sirups, Tinctures, Tonics, Whiskies, and Wines.

Morphin, Alkaloid:

Derivatives—

Apomorphin, Dionin, Peronin, Morphin acetate, Hydrochlorid, Sulfite, and other salts of morphin.

Preparations containing morphin or derivatives of morphin—

Bougies, Catarrh Snuff, Chlorodyn, Compound powder of morphin, Crayons, Elixirs, Granules, Pills, Solutions, Sirups, Suppositories, Tablets, Triturates, and Troches.

Opium Gum:

Preparations of Opium—

Extracts, Denarcotized opium, Granulated opium, and Powdered opium, Bougies, Brown mixture, Carminative mixtures, Crayons, Dover’s powder, Elixirs, Liniments, Ointments, Paregoric, Pills, Plasters, Sirups, Suppositories, Tablets, Tinctures, Troches, Vinegars, and Wines.

Derivatives—

Codein, Alkaloid, Hydrochlorid, Phosphate, Sulphate, and other salts of codein.

Preparations containing codein or its salts—

Elixirs, Pills, Sirups, and Tablets.

Cocain, Alkaloid:

Derivatives—

Cocain hydrochlorid, Oleate, and other salts.

Preparations containing cocain or salts of cocain—

Coca leaves, Catarrh powders, Elixirs, Extracts, Infusion of coca, Ointments, Paste pencils, Pills, Solutions, Sirups, Tablets, Tinctures, Troches, and Wines.

Heroin:

Preparations containing heroin—

Sirups, Elixirs, Pills, and Tablets.

Alpha and Beta Eucain:

Preparations—

Mixtures, Ointments, Powders, and Solutions.

Chloroform:

Preparations containing chloroform—

Chloranodyn, Elixirs, Emulsions, Liniments, Mixtures, Spirits, and Sirups.

Cannabis Indica:

Preparations of cannabis indica—

Corn remedies, Extracts, Mixtures, Pills, Powders, Tablets, and Tinctures.

Chloral Hydrate (Chloral, U. S. Pharmacopœia, 1890):

Derivatives—

Chloral acetophenonoxim, Chloral alcoholate, Chloralamid, Chloralimid, Chloral orthoform, Chloralose, Dormiol, Hypnal, and Uraline.

Preparations containing chloral hydrate or its derivatives—

Chloral camphorate, Elixirs, Liniments, Mixtures, Ointments, Suppositories, Sirups, and Tablets.

Acetanilid (Antifebrin, Phenylacetamid):

Derivatives—

Acetphenetidin, Citrophen, Diacetanilid, Lactophenin, Methoxy-acetanilid, Methylacetanilid, Para-Iodoacetanilid, and Phenacetin.

Preparations containing acetanilid or derivatives—

Analgesics, Antineuralgics, Antirheumatics, Cachets, Capsules, Cold remedies, Elixirs, Granular effervescing salts, Headache powders, Mixtures, Pain remedies, Pills, and Tablets.

Regulation 29. Statement of Weight or Measure

(Section 8. Third Under “Foods.”)

(a) A statement of the weight or measure of the food contained in a package is not required. If any such statement is printed, it shall be a plain and correct statement of the average net weight or volume, either on or immediately above or below the principal label, and of the size of letters specified in Regulation 17.

(b) A reasonable variation from the stated weight for individual packages is permissible, provided this variation is as often above as below the weight or volume stated. This variation shall be determined by the inspector from the changes in the humidity of the atmosphere, from the exposure of the package to evaporation or to absorption of water, and the reasonable variations which attend the filling and weighing or measuring of a package.

Regulation 30. Method of Stating Quantity or Proportion

(Section 8.)

In the case of alcohol the expression “quantity” or “proportion” shall mean the average percentage by volume in the finished product. In the case of the other ingredients required to be named upon the label, the expression “quantity” or “proportion” shall mean grains or minims per ounce or fluid ounce, and also, if desired, the metric equivalents therefor, or milligrams per gram or per cubic centimeter, or grams or cubic centimeters per kilogram or per liter; provided that these articles shall not be deemed misbranded if the maximum of quantity or proportion be stated, as required in Regulation 28 (d).

Exports and Imports of Foods and Drugs

Regulation 31. Preparation of Food Products for Export

(Section 2.)

(a) Food products intended for export may contain added substances not permitted in foods intended for interstate commerce, when the addition of such substances does not conflict with the laws of the countries to which the food products are to be exported and when such substances are added in accordance with the directions of the foreign purchaser or his agent.

(b) The exporter is not required to furnish evidence that goods have been prepared or packed in compliance with the laws of the foreign country to which said goods are intended to be shipped, but such shipment is made at his own risk.

(c) Food products for export under this regulation shall be kept separate and labeled to indicate that they are for export.

(d) If the products are not exported they shall not be allowed to enter interstate commerce.

Regulation 32. Imported Food and Drug Products

(Section 11.)

(a) Meat and meat food products imported into the United States shall be accompanied by a certificate of official inspection of a character to satisfy the Secretary of Agriculture that they are not dangerous to health, and each package of such articles shall bear a label which shall identify it as covered by the certificate, which certificate shall accompany or be attached to the invoice on which entry is made.

(b) The certificate shall set forth the official position of the inspector and the character of the inspection.

(c) Meat and meat food products as well as all other food and drug products of a kind forbidden entry into or forbidden to be sold, or restricted in sale in the country in which made or from which exported, will be refused admission.

(d) Meat and meat food products which have been inspected and passed through the customs may, if identity is retained, be transported in interstate commerce.

Regulation 33. Declaration

(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, made before a United States consular officer, as follows:

I, the undersigned, do solemnly and truly declare that I am the.......................... (Manufacturer,
agent, or shipper.) of the merchandise herein mentioned and described, and that it consists of food or drug products which contain no added substances injurious to health.

These products were grown in................ (Country.) and manufactured in................ (Country.) by........................ (Name of manufacturer.) during the year......, and are exported from................ (City.) and consigned to................ (City.).

The products bear no false labels or marks, contain no⁄some added coloring matter or preservative............................................. (Name of added color or preservative.), and are not of a character to cause prohibition or restriction in the country where made or from which exported.

Dated at........ this........ day of........, 19...

(Signed):........................

(b) In the case of importations to be entered at New York, Boston, Philadelphia, Chicago, San Francisco, and New Orleans, and other ports where food and drug inspection laboratories 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 the copy of the invoice sent to the Bureau of Chemistry.

Regulation 34. Denaturing

(Section 11.)

Unless otherwise declared on the invoice or entry, all substances ordinarily used as food products will be treated as such. Shipments of substances ordinarily used as food products intended for technical purposes must be accompanied by a declaration stating that fact, and must be so denatured as to prevent their use as foods.

Regulation 35. Bond, Imported Foods, and Drugs

(Section 11.)

Unexamined packages of food and drug products may be delivered to the consignee prior to the completion of the examination to determine whether the same are adulterated or misbranded upon the execution of a penal bond by the consignee in the sum of the invoice value of such goods with the duty added, for the return of the goods to customs custody.

Regulation 36. Notification of Violation of the Law

(Section 11.)

If the sample on analysis or examination be found not to comply with the law, the importer shall be notified of the nature of the violation, the time and place at which final action will be taken upon the question of the exclusion of the shipment, and that he may be present, and submit evidence, which evidence (Form 15), with a sample of the article, shall be forwarded to the Bureau of Chemistry at Washington, accompanied by report card (Forms 16, 17, 18, 19, and 20).

Regulation 37. Appeal to the Secretary of Agriculture and Remuneration

(Section 11.)

All applications for relief from decisions arising under the execution of the law should be addressed to the Secretary of Agriculture, and all vouchers or accounts for remuneration for samples shall be filed with the chief of the inspection laboratory, who shall forward the same, with his recommendation, to the Department of Agriculture for action.

Regulation 38. Shipment Beyond the Jurisdiction of the United States

(Section 11.)

The time allowed the importer for representations regarding the shipment may be extended at his request to permit him to secure such evidence as he desires, provided that this extension of time does not entail any expense to the Department of Agriculture. If at the expiration of this time, in view of the data secured in inspecting the sample and such evidence as may have been submitted by the manufacturers or importers, it appears that the shipment can not be legally imported into the United States, the Secretary of Agriculture shall request the Secretary of the Treasury to refuse to deliver the shipment in question to the consignee, and to require its reshipment beyond the jurisdiction of the United States.

Regulation 39. Application of Regulations

These regulations shall not apply to domestic meat and meat food products which are prepared, transported, or sold in interstate or foreign commerce under the meat-inspection law and the regulations of the Secretary of Agriculture made thereunder.

Regulation 40. Alteration and Amendment 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 and Labor.

The above rules and regulations are hereby adopted.

Leslie M. Shaw,

Secretary of the Treasury.

James Wilson,

Secretary of Agriculture.

Victor H. Metcalf,

Secretary of Commerce and Labor.

Washington, D. C., October 17, 1906.

The Food and Drugs Act, June 30, 1906

An Act For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating 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 for shipment from any State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulterated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act.

Sec. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country.

Sec. 4. That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States District Attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.

Sec. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided.

Sec. 6. That the term “drug,” as used in this Art, shall include all medicines and preparations recognized in the United States Pharmacopœia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term “food,” as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.

Sec. 7. That for the purposes of this Act an article shall be deemed to be adulterated:

In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopœia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopœia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopœia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopœia and National Formulary.

Second. If its strength or purity fall below the professed standard or quality under which it is sold.

In the case of confectionery:

If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug.

In the case of food:

First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Second. If any substance has been substituted wholly or in part for the article.

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, That when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption.

Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

Sec. 8. That the term “misbranded,” as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

That for the purposes of this Act an article shall also be deemed to be misbranded:

In case of drugs:

First. If it be an imitation of or offered for sale under the name of another article.

Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

In the case of food:

First. If it be an imitation of or offered for sale under the distinctive name of another article.

Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound,” “imitation,” or “blend,” as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term blend as used herein shall be construed to mean a mixture of like substances, not including harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.

Sec. 9. That no dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act.

Sec. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States.

Sec. 11. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, samples of foods and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture, and have the right to introduce testimony, and if it appear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into, or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with such duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, 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: And provided further, That all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.

Sec. 12. That the term “Territory” as used in this Act shall include the insular possessions of the United States. The word “person” as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person.

Sec. 13. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and seven.

Approved, June 30, 1906.

APPENDIX C.
[B. A. I. Order No. 137.]
REGULATIONS GOVERNING THE MEAT INSPECTION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE.

Scope of Inspection

Regulation 1

All slaughtering, packing, meat-canning, salting, rendering, or similar establishments whose meats or meat food products, in whole or in part, enter into interstate or foreign commerce shall have inspection under these regulations unless exempted from inspection by the Secretary of Agriculture. Only farmers, and retail butchers or retail dealers supplying their customers, may be exempted under the law, but they are, nevertheless, subject to the provision of the law which places a penalty upon any person who shall sell or offer for sale or transportation, for interstate or foreign commerce, any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption.

All carcasses and parts of carcasses of cattle, sheep, swine, and goats, and all meats and meat food products thereof entering into interstate or foreign commerce shall show either that they have been inspected and passed or that they have been exempted from inspection under these regulations. All meats and meat food products on hand October 1, 1906, at establishments where inspection has not been previously maintained, or which have been inspected under previously existing law and regulations, shall be examined and labeled under these regulations before being allowed to enter into interstate or foreign commerce.

Application for Inspection or Exemption

Regulation 2

The proprietor or operator of each slaughtering, packing, meat-canning, rendering, or similar establishment engaged in the slaughtering of cattle, sheep, swine, or goats, or in the packing, canning, or other preparation of any food product into which the meats or meat food products of said animals enter in whole or in part, for interstate or foreign commerce, shall make application to the Secretary of Agriculture for inspection or for exemption from inspection. The said application shall be made in writing, addressed to the Secretary of Agriculture, Washington, D. C., and shall state the location of the establishment, the address of the owner or of a duly authorized officer or agent of the same, the kinds of animals slaughtered, the estimated number of animals of any species slaughtered per day and per week, or the estimated amount of meats or meat food products received from other establishments, and the character, quantity, and proposed disposition of the products of said establishment. Blank application forms will be furnished by the Chief of the Bureau of Animal Industry upon request. If an establishment is not in a sanitary condition, inspection shall not be established.

Exemption From Inspection

(a) If, in the judgment of the Secretary of Agriculture, the retail butcher or retail dealer who is engaged in supplying his customers through the medium of interstate or foreign commerce should be exempted from Federal inspection, a certificate of exemption will be furnished to the applicant for use with transportation companies and other companies and persons in securing the movement of his products.

Official Number

Regulation 3

If inspection is established under said application the Secretary of Agriculture will give said establishment a number by which all its meats and meat food products shall thereafter be known, and this number shall be used by the inspectors of the Department of Agriculture, and also by the proprietors of said establishment, to mark the meats and meat food products of the establishment as hereinafter prescribed. Establishments having one or more branches may use the same number for all by affixing a serial letter in connection with the number to differentiate the products of the different branches. Each establishment at which inspection is maintained must be separate and apart from any other establishment engaged in similar business at which inspection is not maintained.

(a) Retail butchers and dealers who have been exempted from inspection under these regulations will be given numbers by which their products will be known.

Designation of Inspectors

Regulation 4

The Secretary of Agriculture will designate an inspector to take charge of the inspection at each establishment where inspection is maintained, and will detail to said inspector such assistants as may be necessary to carry on properly the work of inspection and supervision at said establishment. For the purpose of enforcing the law and regulations the inspector and all employees under his direction shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment.

Office Room

Regulation 5

Office room, including light and heat, shall be provided by proprietors of establishments, rent free, for the exclusive use of the inspector and other employees of the Department on duty at each establishment. The room or rooms set apart for this purpose must be properly ventilated, conveniently located, and provided with lockers suitable for the protection and storage of such supplies as may be required; all to meet the approval of the inspector in charge.

All Carcasses and Products Inspected

Regulation 6

All cattle, sheep, swine, or goats slaughtered at an establishment at which inspection is maintained, and all meats and meat food products prepared therein shall be inspected, handled, and prepared as required by these regulations.

Notice of Daily Operations

Regulation 7

The manager of each establishment at which inspection is maintained shall inform the inspector in charge, or his assistant, when work has been concluded for the day, and of the day and hour when work will be resumed. Under no circumstances shall an establishment be operated except under the supervision of an employee of the Department. All slaughtering must be done within reasonable hours and with reasonable speed, the character of the establishment being considered. Where one inspector is detailed to conduct the work at two or more small establishments where few animals are slaughtered, the inspector in charge may designate the hours for slaughter. No work shall be performed at establishments where inspection is maintained during any day on which such work is prohibited by the law of the State or Territory in which the establishment is located.

Badges

Regulation 8

Each employee of the Department engaged in inspection under these regulations will be furnished with a numbered badge, which he shall wear over the left breast on the outer clothing while in the performance of his official duties, and which shall not be allowed to leave his possession.

Bribery

Regulation 9

It is a felony, punishable by fine and imprisonment, for any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, to give, pay, or offer, directly or indirectly, to any Department employee authorized to perform any duty under these regulations, any money or other thing of value with intent to influence said employee in the discharge of his duty under these regulations. It is also a felony, punishable by fine and imprisonment, for any Department employee engaged in the performance of duty under these regulations to receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or other thing of value given with any purpose or intent whatsoever.

Sanitation

Regulation 10

Upon receipt of an application for inspection the Secretary of Agriculture will cause to be made an examination of the premises, and will indicate the requirements for sanitation and the necessary facilities for inspection.

Regulation 11

In order that the carcasses of cattle, sheep, swine, and goats, and the meats and meat food products thereof, may be admitted to interstate or foreign commerce, it is necessary under the law that the establishments in which the animals are slaughtered, or the meats and meat food products are prepared, cured, packed, stored, or handled, shall be suitably lighted and ventilated and maintained in a sanitary condition. All work in such establishments shall be performed in a cleanly and sanitary manner.

(a) Ceilings, side walls, pillars, partitions, etc., shall be frequently whitewashed or painted, or, where this is impracticable, they shall, when necessary, be washed, scraped, or otherwise rendered sanitary. Where floors or other parts of a building, or tables or other parts of the equipment, are so old or in such condition that they cannot be readily made sanitary, they shall be removed and replaced by suitable materials or otherwise put in a condition acceptable to the inspector in charge. All floors upon which meats are piled during the process of curing shall be so constructed that they can be kept in a clean and sanitary condition, and such meats shall also be kept clean.

(b) All trucks, trays, and other receptacles, all chutes, platforms, racks, tables, etc., and all knives, saws, cleavers, and other tools, and all utensils and machinery used in moving, handling, cutting, chopping, mixing, canning, or other process, shall be thoroughly cleansed daily, if used.

(c) The aprons, smocks, or other outer clothing of employees who handle meat in contact with such clothing shall be of a material that is readily cleansed and made sanitary and shall be cleansed daily, if used. Employees who handle meats or meat food products shall be required to keep their hands clean.

(d) All toilet rooms, urinals, and dressing rooms shall be entirely separated from compartments in which carcasses are dressed or meats or meat food products are cured, stored, packed, handled, or prepared. They shall be sufficient in number, ample in size, and fitted with modern lavatory accommodations, including toilet paper, soap, running water, towels, etc. They shall be properly lighted, suitably ventilated, and kept in a sanitary condition. Managers of establishments must see that employees keep themselves clean.

(e) The rooms or compartments in which meats or meat food products are prepared, cured, stored, packed, or otherwise handled shall be lighted and ventilated in a manner acceptable to the inspector in charge and shall be so located that odors from toilet rooms, catch-basins, casing departments, tank rooms, hide cellars, etc., do not permeate them. All rooms or compartments shall be provided with cuspidors, which employees who expectorate shall be required to use.

(f) Persons affected with tuberculosis or any other communicable disease shall not be knowingly employed in any of the departments of establishments where carcasses are dressed, meats handled, or meat food products prepared, and any employee suspected of being so affected shall be so reported by the inspector in charge to the manager of the establishment and to the Chief of the Bureau of Animal Industry.

(g) The fattening of hogs or other animals on the refuse of slaughterhouses will not be permitted on the premises of an establishment where inspection is maintained, and no use incompatible with proper sanitation shall be made of any part of the premises on which such establishment is located. All yards, fences, pens, chutes, alleys, etc., belonging to the premises of such establishment shall, whether they are used or not, be maintained in a sanitary condition.

(h) Butchers who dress diseased carcasses shall cleanse their hands of all grease and then immerse them in a prescribed disinfectant and rinse them in clear water before engaging again in dressing or handling healthy carcasses. All butchers’ implements used in dressing diseased carcasses shall be cleansed of all grease and then sterilized, either in boiling water or by immersion in a prescribed disinfectant, and rinsed in clear water before being again used in dressing healthy carcasses.

Facilities for such cleansing and disinfection, approved by the inspector in charge, shall be provided by the establishment. Separate trucks, etc., shall be furnished for handling diseased carcasses and parts. Following the slaughter of an animal affected with an infectious disease a stop shall be made until the implements have been cleansed and disinfected unless duplicate implements are provided.

(i) Inspectors are required to furnish their own knives for use in dissecting or incising diseased carcasses or parts, and are required to use the same means for disinfecting knives, hands, etc., that are prescribed for employees of the establishment.

(j) Meats and meat food products intended for rendering into edible products must be prevented from falling on the floor, while being emptied into the tanks, by the use of some device, such as a metal funnel.

(k) Plans of new plants and of plants to be remodeled should be submitted to the Secretary of Agriculture.

(l) Carcasses or parts of carcasses inflated with air blown from the mouth shall not be marked “U. S. Inspected and Passed.”

(m) Carcasses dressed with skewers that have been held in the mouth shall not be marked “U. S. Inspected and Passed.”

Interpretation and Definitions of Words and Terms

Regulation 12

Wherever in these regulations the following words, names, or terms are used they shall be construed as follows:

Inspectors and Department Employees.—These terms shall mean, respectively, inspectors and employees of the Bureau of Animal Industry.

“U. S. Inspected and Passed.”—This phrase shall mean that the carcasses, parts of carcasses, meats, and meat food products so marked are sound, healthful, wholesome, and contain no dyes, chemicals, preservatives, or ingredients which render meats or meat food products unsound, unhealthful, unwholesome, unclean, or unfit for human food.

Rendered into Lard or Tallow.—This phrase shall mean that the carcasses, parts of carcasses, meats, and meat food products so designated have been passed for the preparation of lard or tallow only.

“U. S. Inspected and Condemned.”—This phrase shall mean that the carcasses, parts of carcasses, and meat food products so marked are unfit for food and shall be destroyed for food purposes.

Carcass.—This word shall mean an animal that has been killed under these regulations, including all parts which are to be used for food.

Primal Parts of Carcass.—This phrase shall mean the usual sections or cuts of the dressed carcass commonly known in the trade, such as sides, quarters, shoulders, hams, backs, bellies, etc., and entire edible organs, such as tongues, livers, etc., before they have been cut, shredded, or otherwise subdivided preliminary to use in the manufacture of meat food products.

Meat Food Products.—This term shall mean any product used for food into the composition of which any portion of the carcass enters, or in the preparation of which any portion of the carcass is used, including lard, mince-meat, extracts, gelatin, oleomargarine, butterine, soups, etc.

Vinegar.—The word vinegar, as used herein, shall mean cider vinegar, wine vinegar, malt vinegar, sugar vinegar, glucose vinegar, or spirit vinegar, as defined by the Committee on Food Standards in Circular No. 10, Secretary’s Office, United States Department of Agriculture.

Ante-mortem Examination and Inspection

Regulation 13

An ante-mortem examination and inspection shall be made of all cattle, sheep, swine, and goats about to be slaughtered before they shall be allowed to enter an establishment at which inspection is maintained. Said examination and inspection shall be made in the pens, alleys, or chutes of the establishment at which the animals are about to be slaughtered. The proprietors of the establishments at which the said ante-mortem inspection is conducted shall provide satisfactory facilities for conducting said inspection and for separating and holding apart from healthy animals those showing symptoms of disease.

All animals showing symptoms or suspected of being affected with any disease or condition which, under these regulations, would probably cause their condemnation when slaughtered, shall be marked by affixing to the ear or tail a metal tag as provided in Regulation 20.

All such animals, except as hereinafter provided, shall be slaughtered separately, either before regular slaughter has commenced or at the close of the regular slaughter, and shall be duly identified by a representative of the establishment to the inspector on duty on the killing floor before the skins are removed or the carcasses opened for evisceration.

Animals which have been tagged for pregnancy and which have not been exposed to any infectious or contagious disease are not required to be slaughtered, but before any such animal is removed from the establishment the tag shall be detached by a Department employee and returned with his report to the inspector in charge.

(a) If any pathological condition is suspected in which the question of temperature is important, such as Texas fever, anthrax, pneumonia, blackleg, or septicemia, the exact temperature should be taken. Due consideration, however, must be given to the fact that extremely high temperatures may be found in otherwise normal hogs when subjected to exercise or excitement, and a similar condition may obtain to a less degree among other classes of animals. Animals commonly termed “downers,” or crippled animals, shall be tagged, as provided for in Regulation 20, in the abattoir pens for the purpose of identification at the time of slaughter, and shall be passed upon in accordance with these regulations.

Post-mortem Inspection at Time of Slaughter

Regulation 14

The inspector or his assistants shall, at the time of slaughter, make a careful inspection of all animals slaughtered. The head, tail, thymus gland, bladder, caul, and the entire viscera, and all parts and blood used in the preparation of meat food products shall be retained in such manner as to preserve their identity until after the post-mortem examination has been completed, in order that they may be identified in case of condemnation of the carcass. Suitable racks or metal receptacles shall be provided for retaining such parts.

Carcasses and parts thereof found to be sound, healthful, wholesome, and fit for human food shall be passed and marked as provided in these regulations.

Should any lesion of disease or other condition that would probably render the meat or any organ unfit for food purposes be found on post-mortem examination, such meat or organ shall be marked immediately with a tag, as provided in Regulation 27. Carcasses which have been so marked shall not be washed or trimmed unless such washing or trimming is authorized by the inspector.

Disposal of Diseased Carcasses and Organs

Regulation 15

The carcasses or parts of carcasses of all animals which are slaughtered at an establishment where inspection is maintained, and which are found at time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named below shall be disposed of according to the section of this regulation pertaining to the disease or condition. It is to be understood, however, that owing to the fact that it is impracticable to formulate rules covering every case, and to designate at just what stage a process becomes loathsome or a disease noxious, the decision as to the disposition of all carcasses, parts, or organs not specifically covered by these regulations shall be left to the veterinary inspector in charge. Carcasses found, before evisceration has taken place, to be affected with an infectious or contagious disease, including tuberculosis, shall not be eviscerated at the regular killing bed or bench, but shall be taken to the retaining room, or other specially prepared place, separate from other carcasses, and there opened and examined.

(a) Anthrax, or Charbon.—All carcasses showing lesions of this disease, regardless of the extent of the disease, shall be condemned and immediately tanked, including the hide, hoofs, horns, viscera, fat, blood, and all other portions of the animal. The killing bed upon which the animal was slaughtered shall be disinfected with a 10 percent solution of formalin, and all knives, saws, cleavers, and other instruments which have come in contact with the carcass shall be treated as provided in Regulation 11, paragraph (h), before being used upon another carcass.

(b) Blackleg.—Carcasses of animals showing lesions of blackleg shall be condemned.

(d) Pyemia and Septicemia.—Carcasses showing lesions of either of these diseases shall be condemned.

(e) Rabies.—Carcasses of animals which showed symptoms of rabies before slaughter shall be condemned.

(f) Tetanus.—Carcasses of animals which showed symptoms of tetanus before slaughter shall be condemned.

(g) Malignant Epizoötic Catarrh.—Carcasses of animals affected with this disease and showing generalized inflammation of the mucous membranes shall be condemned.

(h) Hog Cholera and Swine Plague.—(1) Carcasses showing well-marked and progressive lesions of hog cholera or swine plague in more than two of the organs (skin, kidneys, bones, or lymphatic glands) shall be condemned.

(2) Carcasses showing slight lesions which are confined to the kidneys and lymphatic glands may be passed.

(3) Carcasses which reveal lesions more numerous than those described for carcasses to be passed, but not so severe as the lesions described for carcasses to be condemned, may be rendered into lard, provided they are cooked by steam for four hours at a temperature not lower than 220° F.

(4) In inspecting carcasses showing lesions of the skin, bones, kidneys, or lymphatic glands, due consideration shall be given to the extent and severity of the lesions found in the viscera.

(i) Actinomycosis, or Lumpy Jaw.—(1) If the carcass is in a well-nourished condition and there is no evidence upon post-mortem examination that the disease has extended from a primary area of infection in the head, the carcass may be passed, but the head, including the tongue, shall be condemned.

(2) If the carcass is in a well-nourished condition and the disease has extended beyond the primary area of infection, the disposition shall be made in accordance with the regulations relating to tuberculosis.

(j) Caseous Lymphadenitis.—When the lesions are limited to the superficial lymphatic glands or to a few nodules in an organ, involving also the adjacent lymphatic glands, and the carcass is well nourished, the meat may be passed after the affected parts are removed and condemned. If extensive lesions, with or without pleuritic adhesions, are found in the lungs, or if several of the visceral organs contain caseous nodules and the carcass is emaciated, it shall be condemned.

(k) Tuberculosis.—All carcasses affected with tuberculosis and showing emaciation shall be condemned. All other carcasses affected with tuberculosis shall be condemned, except those in which the lesions are slight, calcified, or encapsulated, and are confined to the tissues indicated in any one of the following five paragraphs, or to a less number of such tissues, and excepting also those which may, under paragraphs (6) and (7) below, be rendered into lard or tallow.

(1) The cervical lymphatic glands and two groups of visceral lymphatic glands in a single body cavity, such as the cervical, bronchial, and mediastinal glands, or the cervical, hepatic, and mesenteric glands.

(2) The cervical lymphatic glands and one group of visceral lymphatic glands and one organ in a single body cavity, such as the cervical and bronchial glands and the lungs, or the cervical and hepatic glands and the liver.

(3) Two groups of visceral lymphatic glands and one organ in a single body cavity, such as the bronchial and mediastinal glands and the lungs, or the hepatic and mesenteric glands and the liver.

(4) The cervical lymphatic glands and one group of visceral lymphatic glands in each body cavity, such as the cervical, bronchial, and hepatic glands.

(5) Two groups of visceral lymphatic glands in the thoracic cavity and one group in the abdominal cavity, or one group of visceral lymphatic glands in the thoracic cavity and two groups in the abdominal cavity, such as the bronchial, mediastinal, and hepatic glands, or the bronchial, hepatic, and mesenteric glands.

(6) Carcasses affected with tuberculosis, in which the lesions of the disease are located as described in any one of the preceding five paragraphs, but are slight and in a state of caseation, or liquefaction necrosis, or surrounded by hyperemic zones, and also those in which slight, calcified, or encapsulated lesions are found in more visceral organs or more groups of visceral lymphatic glands than are specified in any one of the preceding five paragraphs, may be rendered into lard or tallow after the diseased parts are removed. The carcasses shall be cooked by steam at a temperature not lower than 220° F. for not less than four hours.

(7) Carcasses in which the cervical lymphatic glands, one organ, and the serous membrane in a single body cavity, such as the cervical lymphatic glands, the lungs, and the pleura, or the cervical lymphatic glands, the liver, and the peritoneum, are affected with tuberculosis, may be rendered into lard or tallow after the diseased parts are removed. The carcasses shall be cooked by steam at a temperature not lower than 220° F. for not less than four hours.

(8) All condemned carcasses, parts of carcasses, or organs showing lesions of tuberculosis shall be deposited in receptacles provided for that purpose, and shall either be tanked at once or be locked in the “condemned” room until such time as an employee of the Department can see that they are placed in the tank.

(9) All heads and other parts showing lesions of tuberculosis shall be condemned.

(l) Texas Fever.—Carcasses showing sufficient lesions to warrant the diagnosis of Texas fever shall be condemned.

(m) Parasitic Ictero-hematuria.—Carcasses of sheep affected with this disease shall be condemned.

(n) Mange, or Scab.—Carcasses of animals affected with mange, or scab, in advanced stages, shall be condemned. When the disease is slight, the carcass may be passed.

(o) Tapeworm Cysts.—Carcasses of animals slightly affected with tapeworm cysts may be rendered into lard or tallow, but extensively affected carcasses shall be condemned.

(p) Pneumonia, Pleurisy, Enteritis, Peritonitis, and Metritis.—Carcasses showing generalized inflammation of one of the following tissues—the lungs, pleuræ, intestines, peritoneum, or the uterus—whether in acute or chronic form, shall be condemned.

(q) Icterus.—Carcasses showing an intense yellow or greenish-yellow discoloration after proper cooling shall be condemned. Carcasses which exhibit a yellowish tint directly after slaughter, but lose this discoloration on chilling, may be passed for food.

(r) Uremia and Sexual Odor.—Carcasses which give off the odor of urine or a strong sexual odor shall be condemned.

(s) Urticaria, Etc.—Hogs affected with urticaria (diamond skin disease), Tinea tonsurans, Demodex folliculorum, or erythema may be passed after detaching and condemning the skin, if the carcass is otherwise fit for food.

(t) Melanosis, Etc.—Carcasses of animals showing any disease or injury, such as traumatic pericarditis, generalized melanosis, pseudo-leukemia, etc., which causes considerable elevation of temperature or affects the system of the animal, shall be condemned.

(u) Bruises, Abscesses, Liver Flukes, Etc.—Any organ or part of a carcass which is badly bruised or which is affected by malignant tumors, abscesses, suppurating sores, or liver flukes shall be condemned, but when the lesions are so extensive as to affect the whole carcass, the whole carcass shall be condemned.

(v) Emaciation and Anemia.—Carcasses of animals too emaciated or anemic to produce wholesome meat and those carcasses which show a slimy degeneration of the fat or a serous infiltration of the muscles shall be condemned.

(w) Pregnancy and Parturition.—Carcasses of animals in advanced stages of pregnancy (showing signs of preparation for parturition), also carcasses of animals which have within ten days given birth to young and in which there is no evidence of septic infection, may be rendered into lard or tallow if desired by the manager of the establishment, otherwise they shall be condemned.

(x) Immaturity.—Carcasses of animals too immature to produce wholesome meat, all unborn and stillborn animals, also carcasses of calves, pigs, kids, and lambs under three weeks of age shall be condemned.

(y) Diseased Parts.—In all cases where carcasses showing localized lesions of disease are passed or rendered into lard or tallow, the diseased parts must be removed before the “U. S. Retained” tag is taken from the carcass, and such parts shall be condemned.

(z) Careless Scalding.—Hogs which have been allowed to pass into the scalding vat alive shall be condemned.

(aa) Dead Animals.—All animals that die in abattoir pens, and those in a dying condition before slaughter, shall be tagged as provided in Regulation 21, and in all cases shall be condemned. In conveying animals which have died in the pens of an establishment to the tank they shall not be allowed lo pass through compartments in which food products are prepared. No dead animals shall be brought into an establishment for rendering from outside the premises of said establishment.

“Retaining” and “Condemned” Rooms

Regulation 16

Separate compartments, to be known as “retaining rooms,” or other special places for final inspection, shall be set apart at all establishments at which inspection is maintained, and all carcasses and parts marked with a “U. S. Retained” tag shall be held in these rooms pending final inspection. These rooms shall be rat proof and furnished with abundant light; the floors shall be of cement, metal, or brick laid in cement. They shall be provided with facilities for locking, and locks for this purpose will be furnished by the Department. The keys to such locks shall remain in the custody of the inspector or his assistant.

Immediately after the final inspection of carcasses and parts are marked with “U. S. Retained” tags is completed, those found to be wholesome and fit for human food shall be released by the veterinary inspector conducting the inspection, who shall remove the “U. S. Retained” tags, and the carcasses shall be removed from the retaining rooms and marked “U. S. Inspected and Passed,” as provided in Regulation 28.

The floors and walls of all retaining rooms shall be washed with hot water and disinfected after diseased animals are removed, and before any “retained” animals are again placed therein.

Carcasses or parts of carcasses found on final inspection to be unsound, unhealthful, unwholesome, or otherwise unfit for human food shall be marked “U. S. Inspected and Condemned,” as provided in Regulation 28, and shall be removed from the retaining room to the “condemned” room, if not tanked within twenty-four hours.

(a) In each establishment at which condemned carcasses or meat food products are held for more than twenty-four hours after condemnation, there shall be provided a room entirely separate from all other rooms in the establishment. This room shall be secure and shall be provided with a lock, the key of which shall remain in the custody of a Department employee. This room shall be known as the “condemned” room, and shall be kept locked at all times except when condemned meat or meat food product is being taken into or from the said room under the supervision of a Department employee.

All condemned carcasses shall be removed from retaining rooms within twenty-four hours after they are condemned, except in questionable cases, when they are held pending the decision of the inspector in charge. Condemned carcasses shall not be allowed to accumulate, but shall be removed from the “condemned” rooms, treated with coloring substances, or otherwise treated, as provided in Regulation 18, paragraph (b), and tanked within a reasonable time after condemnation. Carcasses of diseased animals which are eviscerated in the retaining room or in the specially prepared place under the provisions of Regulation 15, shall, unless passed, be removed immediately either to the “condemned” room or to the tank.

Regulation 17

Bruised Parts.—When a portion of a carcass is to be condemned on account of slight bruises, which cannot be properly removed until the carcass is chilled, the carcass shall be marked with a “U. S. Retained” tag and placed in the retaining room. After chilling, the affected portion shall be cut out, marked “U. S. Inspected and Condemned,” and removed to the tank or locked in the “condemned” room, and the remainder of the carcass shall be marked “U. S. Inspected and Passed.”

Tanks and Tanking

Regulation 18

All condemned carcasses, parts of carcasses, and meat food products shall be tanked as follows:

(a) After the lower opening of the tank has been securely sealed by an employee of the Department, and the condemned carcasses, parts, and meat food products are placed therein in his presence, the upper opening shall be likewise securely sealed by such employee, whose duty it shall be then to see that a sufficient force of steam is turned into the tank and maintained a sufficient length of time effectually to render the contents unfit for any edible product. Tanks for this purpose shall be so located or operated that the fumes and odors therefrom shall not pervade compartments in which carcasses are dressed or edible products prepared. Wire and lead seals are provided by the Department for sealing tanks.

(b) A sufficient quantity of coloring matter or other substance to be designated by the Department shall be used in connection with the tanking of all condemned carcasses, parts of carcasses, meats, and meat food products, to destroy them effectually for food purposes.

(c) The seals of tanks containing condemned meats or the tankage thereof shall be broken only by an employee of the Department.

(d) If an establishment where inspection is maintained fails to permit the treatment and tanking of condemned carcasses, parts of carcasses, meats, or meat food products, as required by these regulations, the inspector in charge shall report that fact to the Department, in order that inspection may be withdrawn from such establishment.

Regulation 19

Any meats or meat food products condemned at establishments which have no facilities for tanking shall be treated as provided in Regulation 18, paragraph (b), and removed to an establishment indicated by the inspector in charge and there tanked and rendered under the supervision of an employee of the Department.

Labels, Tags, and Brands

“U. S. Suspect” Tag

Regulation 20

To the ear or tail of each animal inspected under Regulation 13 which shows symptoms or is suspected of being affected with any disease or condition which, under these regulations, may cause its condemnation on post-mortem inspection, there shall be affixed by a Department employee at the time of inspection a numbered metal tag bearing the words “U. S. Suspect.” The employee who affixes the tag shall report the number to the inspector in charge. This “U. S. Suspect” tag shall remain upon the animal until the preliminary post-mortem inspection at the time of slaughter. If no lesions of disease are then discovered, the “U. S. Suspect” tag shall be removed and forwarded to the inspector in charge, with a report that the carcass has been inspected and passed, and the carcass shall be labeled or stamped “U. S. Inspected and Passed,” as hereinafter provided.

Ante-Mortem Condemned Tag

Regulation 21

To the ear of each animal which is found in a dying condition or dead on the premises of an establishment at which inspection is maintained there shall be affixed by a Department employee a numbered metal tag bearing the words “U. S. Condemned.” The ear bearing the tag shall not be removed from the carcass. The number of this tag shall be reported to the inspector in charge by the employee who affixes it. This tag shall remain on the condemned carcass until it reaches the tank, and immediately before tanking it shall be removed by the Department employee who is supervising the tanking and returned with a report to the inspector in charge.

Labeling Beef for Export

Regulation 22

Upon each quarter of each dressed beef carcass inspected and passed for export there shall be placed by a Department employee a meat-inspection label or mark, which shall bear the number of the establishment and the words “U. S. Inspected and Passed.”

Labeling Beef for Interstate Commerce

Regulation 23

Upon each dressed beef carcass inspected and passed for interstate commerce there shall be placed by a Department employee at the time of inspection at least ten labels or marks bearing the number of the establishment and the words “U. S. Inspected and Passed.”

Labeling Canners

Regulation 24

Upon each quarter of each dressed beef carcass inspected and passed, and which is to be cut up and prepared in the establishment in which the animal was slaughtered or in another establishment where inspection is maintained, there shall be placed by a Department employee at the time of inspection one label or mark bearing the establishment number and the words “U. S. Inspected and Passed.” If, however, a primal part of any such carcass is to leave the establishment for interstate or foreign commerce, such primal part, or the container thereof, must be labeled, stamped, or branded, under the personal supervision of a Department employee, with the establishment number and the words “U. S. Inspected and Passed.”

Labeling Carcasses of Sheep, Calves, Swine, and Goats

Regulation 25

Upon the dressed carcasses of sheep, calves, swine, and goats inspected and passed for interstate or export commerce there shall be placed by a Department employee at the time of inspection at least two labels or marks bearing the number of the establishment and the words “U. S. Inspected and Passed.”

Stamp on Cloth Wrapping

Regulation 26

When the dressed carcasses or parts thereof of cattle, sheep, calves, swine, or goats are wrapped or inclosed for shipment for interstate or export commerce in burlap, muslin, cheese cloth, or other similar substance, the covering shall bear a meat-inspection stamp or other mark on which shall appear the establishment number and the words “U. S. Inspected and Passed.”

“U. S. Retained” Tag

Regulation 27

Upon each carcass, or part or detached organ thereof, inspected under Regulation 14, in which any lesion of disease or other condition is found that would probably render the meat or any organ unfit for food purposes, there shall be placed by a Department employee at the time of inspection a paper tag, numbered in duplicate, bearing the words “U. S. Retained,” attached by a wire and seal. The inspector who attaches this “U. S. Retained” tag shall detach the numbered stub thereof and return it with his report to the inspector in charge. The other portion shall accompany the carcass to the retaining Room.

“U. S. Condemned Stamp.”

Regulation 28

Upon each carcass, or part or detached organ thereof, which is found on final inspection in the retaining room, or other special place for final inspection, to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, there shall be stamped conspicuously by a Department employee at the time of inspection the words “U. S. Inspected and Condemned.” In addition the “U. S. Retained” tag shall remain upon the carcass and shall be stamped with the words “U. S. Inspected and Condemned.” This stamped “U. S. Retained” tag shall accompany the carcass to the tank and shall be removed immediately before tanking by the Department employee who is supervising that operation, and he shall write or stamp upon the tag the word “Tanked,” the date, sign his name, and return the tag with his report to the inspector in charge. If, however, upon final inspection the carcass is passed for food, the inspector shall stamp the retained tag “U. S. Inspected and Passed,” and return the tag with his report to the inspector in charge.

Marking of Primal Parts

Regulation 29

On each primal part, or organ, or the container thereof, which has been inspected and passed, and which is to leave the establishment for interstate or export commerce, and which has not been theretofore marked with the words “U. S. Inspected and Passed,” and the establishment number, there shall be placed, under the personal supervision of a Department employee, a mark, stamp, or brand bearing the words “U. S. Inspected and Passed” and the establishment number. When primal parts or organs are shipped between establishments at which inspection is maintained the number of the establishment need not appear.

Branding Irons

Regulation 30

When hot branding irons or other instruments are used to label hams, bacon, or other primal part with the name of the packer, or with a trade-mark, and it is desired, in addition, to indicate that the meat has been inspected by the Department of Agriculture, the wording for this purpose, which shall be in letters and figures of sufficient size to be legible, shall include the number of the establishment in which the product was produced, and also the statement “U. S. Inspected and Passed,” or the abbreviated statement “U. S. Ins. Psd.” This marking shall be accepted as the United States inspection mark. It shall be affixed, however, only under the personal supervision of a Department employee.

“Special” Stamp

Regulation 31

Upon all meats and meat food products prepared for export with preservatives under Regulation 39, paragraph (b), there shall also be stamped or branded, under the personal supervision of a Department employee, the word “Special.” This word “Special” shall not be used upon any inspected meats or meat food products not prepared under said Regulation 39, unless it is used in combination with other words.

Trade Labels

Regulation 32

Upon each can, pot, tin, canvas, or other receptacle or covering containing any meat or meat food product for interstate or foreign commerce, except packages on which meat-inspection stamps appear, there shall be placed, under the supervision of a Department employee, a trade label. This trade label shall contain the words “U. S. Inspected and Passed, under the Act of Congress of June 30, 1906,” in plain letters and figures of uniform size, the number of the establishment at which the meat or meat food product is last prepared or packed, and labeled, and the true name of the meat or meat food product contained in such package. Only trade names which are not false or deceptive may be used upon the trade label. A copy of each trade label shall be filed with the inspector in charge for his approval. The inspector in charge shall approve or disapprove each trade label, and report his action for approval to the Chief of the Bureau of Animal Industry, forwarding the label with his report. Only trade labels which have been approved by the Secretary of Agriculture shall be used.

Regulation 33

False or Deceptive Names.—No meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive, and which shall be approved by the Secretary of Agriculture, are permitted. Trade labels which are false or deceptive in any particular shall not be permitted. A meat food product, whether composed of one or more ingredients, shall not be named on a trade label with a name stating or purporting to show that the said meat food product is a substance which is not the principal ingredient contained therein, even though such name be an established trade name.

Tagging Reinspected Meats and Meat Food Products

Regulation 34

Upon all meats or meat food products, which are suspected on reinspection of being unsound, unhealthful, unwholesome, or otherwise unfit for human food, or upon the containers thereof, there shall be placed by a Department employee at the time of reinspection the “U. S. Retained” tags hereinbefore described. The employee who affixes the tag shall send the numbered stub with his report to the inspector in charge. These tags shall accompany the said meats or meat food products to the retaining room or other special place for final inspection. When the final inspection is made, if the meat or meat food product be condemned the “U. S. Retained” tag shall be stamped “U. S. Inspected and Condemned,” and shall accompany the condemned meat or meat food product to the tank.

Immediately before the meat or meat food product is tanked the employee supervising that operation shall write or stamp the word “Tanked” and the date upon the said tag, and sign his name thereto, and forward the tag to the inspector in charge with his report. If, however, upon final inspection the meat or meat food product is passed for food, the inspector shall stamp the retained tag “U. S. Inspected and Passed,” and return the tag with his report to the inspector in charge.

Reference to United States Inspection

Regulation 35

Except as provided in these regulations, no reference to United States inspection shall appear upon any meat or meat food product or the container thereof.

Reinspection

Reinspection of Passed Carcasses and Parts

Regulation 36

Before being admitted into any cooking, canning, sausage, or other department of an establishment, also before being packed for shipment, and at such other times as may be deemed necessary, all dressed carcasses or parts thereof that have been previously inspected and passed shall be reinspected by an inspector or his assistants, and if upon any such reinspection any carcass or part thereof is found to have become unsound, unhealthful, unwholesome, or in any way unfit for human food, the original mark, stamp, tag, or label shall be removed or cancelled and the carcass or part shall be condemned.

Reinspection of Inspected Meats Received at Official Establishments

Regulation 37

Except as provided in Regulation 41, only carcasses and parts thereof, meats, and meat food products which can by marks, seals, brands, or labels be identified as having been previously inspected and passed by a Department employee shall be taken into or allowed to enter an establishment at which inspection is maintained. All such carcasses, parts, meats, and meat food products which are brought into one establishment from another, or which are returned to the establishment from which they issued, shall be identified and reinspected at the time of receipt, and shall be subject to further reinspection in such manner and at such times as may be deemed necessary. If upon any such reinspection any carcass or part thereof, or meat or meat food product, is found to have become unsound, unhealthful, unwholesome, or in any way unfit for human food, the original mark, stamp, tag, or label shall be removed or canceled and the carcass, part, meat, or meat food product shall be condemned.

(a) Special docks and receiving rooms shall be designated by the establishment for the receipt and inspection of meats or meat food products, and no meats or meat food products shall be allowed to enter the establishment by any other docks or receiving rooms, and only in the presence of a Department employee.

Marking Passed Carcasses or Parts

Regulation 38

All carcasses and parts of carcasses found upon inspection to be sound, healthful, wholesome, and fit for human food which leave the establishment where they are prepared for interstate or foreign commerce shall be designated by a mark, stamp, tag, or label bearing the words “U. S. Inspected and Passed,” and no carcass, part of a carcass, or meat food product which has not been so designated shall be admitted to the canning, sausage, or any other department of any establishment where inspection is maintained other than the establishment in which it was prepared, except as provided in Regulation 41.

Dyes, Chemicals, and Preservatives

Regulation 39

(a) No meat or meat food product for interstate commerce, or for foreign commerce except as hereinafter provided, shall contain any substance which lessens its wholesomeness, nor any drug, chemical, or dye (unless specifically provided for by a Federal statute), or preservative, other than common salt, sugar, wood smoke, vinegar, pure spices, and, pending further inquiry, saltpeter. Inspection and sampling of prepared meats and meat food products by Department employees shall be conducted in such manner and at such times as may be necessary to secure a rigid enforcement of this regulation.

(b) In accordance with the direction of the foreign purchaser or his agent, meats and meat food products prepared for export may contain preservatives in proportions which do not conflict with the laws of the foreign country to which they are to be exported.

When such meats or meat food products are prepared for export under this regulation they shall be prepared in compartments of the establishment separate and apart from those in which meats and meat food products are prepared according to paragraph (a) of this regulation, and such products shall be kept separate and shall be labeled with special trade labels, approved by the Secretary of Agriculture, and indicating that such products are for export only. Special export certificates will be issued for meats and meat food products of this character, and, if the products are not exported, under no circumstances shall they be allowed to enter domestic trade.

Preparation of Meats and Meat Food Products

Regulation 40

All processes used in curing, pickling, preparing, or canning meats and meat food products in establishments where inspection is maintained shall be supervised by Department employees, and no fixtures or appliances, such as tables, trucks, trays, vats, machines, implements, cans, or containers of any kind, shall be used unless they are clean and sanitary, and all steps in the process of manufacture shall be conducted carefully and with strict cleanliness.

(a) Cured Meats.—Only meats which bear the mark “U. S. Inspected and Passed,” or meats in containers which are so marked, and which upon reinspection are found to be sound, healthful, wholesome, and fit for human food, shall be taken into any meat-curing establishment where inspection is maintained. Any meats which upon reinspection are found to have undergone changes which render them unsound, unclean, unhealthful, unwholesome, or otherwise unfit for human food, shall be condemned and be disposed of as provided in Regulation 18.

No drug, chemical, or coloring matter shall be used in any process of curing any meats, except as provided in Regulation 39. All pickling fluids and other solutions or substances used in curing meats must be clean. At the time that cured meats are packed for shipment in interstate or foreign commerce they shall be inspected by a Department employee, and any pieces or portions of such meats which are found to have undergone changes which render them unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, shall be condemned and disposed of as provided in Regulation 18.

(b) Sausages and Chopped Meats.—All meat entering a sausage establishment where inspection is maintained shall be inspected by a Department employee when received. No meats which have not been inspected and passed under these regulations at the time of slaughter, or which, having been so inspected and passed, are found upon reinspection by a Department employee to have undergone changes which render them unsound, unclean, unhealthful, unwholesome, or otherwise unfit for human food, shall be employed in the preparation of sausages, chopped meats, or similar meat food products. Meats or meat food products which are found to have undergone these changes shall be condemned and disposed of as provided in Regulation 18. All meat trimmings for sausage shall be carefully inspected and assorted under the supervision of employees of the Department. No drug, chemical, preservative, or coloring matter shall be placed in or upon sausages or chopped meats for interstate or foreign commerce, except as provided in Regulation 39. The curing of sausages or chopped meats or similar meat food products shall be carried out in the manner prescribed for other meats in section (a) of this regulation.

(c) Canned Products.—All meats or meat food products entering a canning establishment shall be inspected by a Department employee when received. No meat which has not been inspected and passed at the time of slaughter under these regulations, or which, having been inspected and passed, is reinspected by a Department employee and found to have undergone changes which render it unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, shall be allowed to enter into the preparation of canned meats or canned meat food products. No drug, chemical, or coloring matter shall be used in canned meats or meat food products for interstate or foreign commerce, except as provided in Regulation 39.

If at any time during the handling of any meat or meat food product, or at any time after the packing or canning of any such product, any portion or package shall be found to be unwholesome, unhealthful, or otherwise unfit for human food, such portions or packages shall be condemned and disposed of in the manner prescribed in Regulation 18.

No meat food product which has passed through the various processes of canning shall be removed from the container and recooked, resterilized, or repacked, except under the supervision and with the approval of a Department employee.

Regulation 41

Rendering of Lard and Tallow.—The rendering of all fats into lard, tallow, oils, and stearin at establishments where inspection is maintained shall be closely supervised by employees of the Department. All portions of carcasses rendered into lard and tallow must be clean and wholesome. Tanks and vats used for rendering condemned carcasses and refuse products must not be connected in any manner with tanks, vats, or other receptacles used for lard or other edible products. Unmelted fat which is not marked or stamped “U. S. Inspected and Passed” and which upon inspection is found to be sweet, clean, and of healthful appearance may be received, inspected, and rendered at a temperature not lower than 170° F. for one hour.

Stamps, Stamping, and Certificates

Stamps

Regulation 42

Numbered meat-inspection stamps shall be affixed to packages containing meats or meat food products to be shipped or otherwise transported in interstate or foreign trade. No reference to United States inspection other than that contained on the meat-inspection stamp shall appear on any such package.

Regulation 43

Protection for Stamps.—Stamps shall be affixed in the following manner, and when they have been affixed they shall be covered immediately with a coating of transparent varnish or other similar substance.

(a) The stamp may be affixed in a grooved space, made by removing a portion of the wood, of sufficient size to admit the stamp.

(b) The stamp may be placed on either end of the package, provided that the sides are made to project at least one-eighth of an inch to afford the necessary protection from abrasion.

Regulation 44

Destruction of Used Stamps.—Whenever any package of meats or meat food products bearing the meat-inspection stamp shall have been opened and its contents removed for sale the stamp on said package shall be immediately defaced and destroyed.

Certificates for Exports

Regulation 45

The inspector in charge of an establishment shall issue certificates of inspection for all carcasses of cattle, sheep, swine, and goats, and the meats or meat food products thereof, which are to be exported to foreign countries. Each certificate shall cite the name of the shipper, the name of the consignee, the destination, the establishment number or numbers on the labels, the numbers of the stamps attached to the article to be exported, and the shipping marks. These certificates shall be issued in serial numbers and in triplicate form. Only one certificate shall be issued for each consignment unless otherwise directed by the Chief of the Bureau of Animal Industry.

Both the original and duplicate certificates shall be delivered to the exporter. The original is to be attached to the bill of lading accompanying the shipment for the information of the customs authorities, and shall be delivered to the chief officer of the vessel upon which said consignment is to be transported, and continue with the shipment to destination. The duplicate shall be forwarded by the consigner to the consignee, to be used by the latter in identifying the shipment at the point of destination by comparison with the original.

Counterfeiting, etc.

Regulation 46

It is a misdemeanor, punishable by fine and imprisonment, for any person, firm, or corporation, or officer, agent, or employee thereof, to forge, counterfeit, simulate, or falsely represent, or without proper authority to use, fail to use, or detach, or knowingly or wrongfully to alter, deface, or destroy, or to fail to deface or destroy, any of the marks, stamps, tags, labels, or other identification devices provided for by law or by these regulations, on any carcasses, parts of carcasses, or the food product, or the containers thereof, or wrongfully to use, deface, or destroy any certificate provided for by law or these regulations.

Reports

Regulation 47

Reports of the work of inspection carried on in every establishment shall be daily forwarded to the Department by the inspector in charge, on such blank forms and in such manner as may be specified by the Chief of the Bureau of Animal Industry. The proprietors of establishments at which inspection is maintained shall furnish daily to the Department employees detailed to the various departments accurate information regarding receipts, shipments, and amounts of products on which to base their daily reports.

Weekly reports on sanitation shall be made by the Department employees in charge of the various departments to the inspector in charge of the station, and by the inspector in charge to the Chief of the Bureau of Animal Industry. If any insanitary conditions are detected by any Department employee such conditions shall be reported immediately to the inspector in charge, who, after investigation, shall report them to the Chief of the Bureau.

Appeals

Regulation 48

When the action of any inspector in condemning any carcass or part thereof, meat, or meat food product is questioned, appeal may be made to the inspector in charge, and from his decision appeal may be made to the Chief of the Bureau of Animal Industry or to the Secretary of Agriculture, whose decision shall be final.

Coöperation With Municipal Authorities

Regulation 49

All inspectors in charge are directed to notify the municipal authorities of the character of inspection, and to coöperate with such authorities in preventing the entry of condemned animals, or their products, into the local markets.

The details of any such proposed coöperative arrangement must be first submitted to and approved by the Chief of the Bureau of Animal Industry.

Law Under Which the Foregoing Regulations Are Made

Extract from an act of Congress entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and seven,” Public, No. 382, approved June 30, 1906.

The Meat-Inspection Amendment

That for the purpose of preventing the use in interstate or foreign commerce, as hereinafter provided, of meat and meat food products, which are unsound, unhealthful, unwholesome, or otherwise unfit for human food, the Secretary of Agriculture, at his discretion, may cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, and goats before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used in interstate or foreign commerce; and all cattle, swine, sheep, and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, or goats, and when so slaughtered the carcasses of said cattle, sheep, swine, or goats shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary of Agriculture as herein provided for.

That for the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats to be prepared for human consumption at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in any State, Territory, or the District of Columbia for transportation or sale as articles of interstate or foreign commerce; and the carcasses and parts thereof of all such animals found to be sound, healthful, wholesome, and fit for human food shall be marked, stamped, tagged, or labeled as “Inspected and Passed”; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned,” all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become unsound, unhealthful, unwholesome, or in any way unfit for human food, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.

The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, and goats, or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products which, after having been issued from any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.

That for the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared for interstate or foreign commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as “Inspected and Passed” all such products found to be sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned” all such products found unsound, unhealthful, and unwholesome, or which contain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That, subject to the rules and regulations of the Secretary of Agriculture, the provisions hereof in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of all the other provisions of this act.

That when any meat or meat food product prepared for interstate or foreign commerce which has been inspected as hereinbefore provided and marked “Inspected and Passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been “Inspected and Passed” under the provisions of this act; and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector, and no such meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive and which shall be approved by the Secretary of Agriculture are permitted.

The Secretary of Agriculture shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, and goats are slaughtered and the meat and meat food products thereof are prepared for interstate or foreign commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as “Inspected and Passed.”

That the Secretary of Agriculture shall cause an examination and inspection of all cattle, sheep, swine, and goats, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of interstate or foreign commerce to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, swine, and goats, or the preparation of said food products is conducted during the nighttime.

That on and after October first, nineteen hundred and six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as “Inspected and Passed,” in accordance with the terms of this act and with the rules and regulations prescribed by the Secretary of Agriculture: Provided, That all meat and meat food products on hand on October first, nineteen hundred and six, at establishments where inspection has not been maintained, or which have been inspected under existing law, shall be examined and labeled under such rules and regulations as the Secretary of Agriculture shall prescribe, and then shall be allowed to be sold in interstate or foreign commerce.

That no person, firm, or corporation, or officer, agent, or employee thereof, shall forge, counterfeit, simulate, or falsely represent, or shall without proper authority use, fail to use, or detach, or shall knowingly or wrongfully alter, deface, or destroy, or fail to deface or destroy, any of the marks, stamps, tags, labels, or other identification devices provided for in this act, or in and as directed by the rules and regulations prescribed hereunder by the Secretary of Agriculture, on any carcasses, parts of carcasses, or the food product, or containers thereof, subject to the provisions of this act, or any certificate in relation thereto, authorized or required by this act or by the said rules and regulations of the Secretary of Agriculture.

That the Secretary of Agriculture shall cause to be made a careful inspection of all cattle, sheep, swine, and goats intended and offered for export to foreign countries at such times and places, and in such manner as he may deem proper, to ascertain whether such cattle, sheep, swine, and goats are free from disease.

And for this purpose he may appoint inspectors who shall be authorized to give an official certificate clearly stating the condition in which such cattle, sheep, swine, and goats are found.

And no clearance shall be given to any vessel having on board cattle, sheep, swine, or goats for export to a foreign country until the owner or shipper of such cattle, sheep, swine, or goats has a certificate from the inspector herein authorized to be appointed, stating that the said cattle, sheep, swine, or goats, are sound and healthy or unless the Secretary of Agriculture shall have waived the requirement of such certificate for export to the particular country to which such cattle, sheep, swine, or goats are to be exported.

That the Secretary of Agriculture shall also cause to be made a careful inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended and offered for export to any foreign country, at such times and places and in such manner as he may deem proper.

And for this purpose he may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, or goats, and the meat thereof, are found.

And no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef, mutton, pork, or goat meat, being the meat of animals killed after the passage of this act, or except as hereinbefore provided for export to and sale in a foreign country from any port in the United States, until the owner or shipper thereof shall obtain from an inspector appointed under the provisions of this act a certificate that the said cattle, sheep, swine, and goats were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary of Agriculture shall have waived the requirements of such certificate for the country to which said cattle, sheep, swine, and goats or meats are to be exported.

That the inspectors provided for herein shall be authorized to give official certificates of the sound and wholesome condition of the cattle, sheep, swine, and goats, their carcasses and products as herein described, and one copy of every certificate granted under the provisions of this act shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the cattle, sheep, swine, and goats or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made.

That no person, firm, or corporation engaged in the interstate commerce of meat or meat food products shall transport or offer for transportation, sell, or offer to sell any such meat or meat food products in any State or Territory or in the District of Columbia or any place under the jurisdiction of the United States, other than in the State or Territory or in the District of Columbia or any place under the jurisdiction of the United States in which the slaughtering, packing, canning, rendering, or other similar establishment owned, leased, operated by said firm, person, or corporation is located unless and until said person, firm, or corporation shall have complied with all of the provisions of this act.

That any person, firm, or corporation, or any officer or agent of any such person, firm, or corporation, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished on conviction thereof by a fine of not exceeding ten thousand dollars or imprisonment for a period not more than two years, or by both such fine and imprisonment, in the discretion of the court.

That the Secretary of Agriculture shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, and goats, the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, hereinbefore provided for; and shall perform such other duties as are provided by this act and by the rules and regulations to be prescribed by said Secretary of Agriculture; and said Secretary of Agriculture shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this act, and all inspections and examinations made under this act shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary of Agriculture not inconsistent with the provisions of this act.

That any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly, or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by this act or by the rules and regulations of the Secretary of Agriculture any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty herein provided for, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties prescribed by this act who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce, any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony, and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than one thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years.

That the provisions of this act requiring inspection to be made by the Secretary of Agriculture shall not apply to animals slaughtered by any farmer on the farm and sold and transported as interstate or foreign commerce, nor to retail butchers and retail dealers in meat and meat food products, supplying their customers: Provided, That if any person shall sell or offer for sale or transportation for interstate or foreign commerce any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a period of not exceeding one year, or by both such fine and imprisonment: Provided, also, That the Secretary of Agriculture is authorized to maintain the inspection in this act provided for at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment notwithstanding this exception, and that the persons operating the same may be retail butchers and retail dealers or farmers; and where the Secretary of Agriculture shall establish such inspection then the provisions of this act shall apply notwithstanding this exception.

That there is permanently appropriated, out of any money in the Treasury not otherwise appropriated, the sum of three million dollars, for the expenses of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions of this act relating to meat inspection, including rent and the employment of labor in Washington and elsewhere, for each year. And the Secretary of Agriculture shall, in his annual estimates made to Congress, submit a statement in detail, showing the number of persons employed in such inspections and the salary or per diem paid to each, together with the contingent expenses of such inspectors and where they have been and are employed.

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