Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-02
SUCCESTS::55'fXEMP T|ON
ai
HEALTH mcerD Discusses Legis-
lation on Food and Drugs.
PENDING IN CONGRESS
PRESERVATION OF DISTRICT
RIGHT TO INSPECT PRODUCTS.
Two Bills Under Consideration Which,
It is Claimed, Will Alter
Local Conditions.
PENDING IN CONGRESS

DR.. w. c. Woodward, the health officer.
has submitted statement to- the District
Commissioners, recommending that they
take such action as may be necessary to
secure the exemption of the District from
the operation of certain legislation now
pending in Congress relative to pure foods
and drugs.
Commissioner Mcfarland, in immediate
charge of the health department, will bring
the matter before the Commissioners at an
early day. with the recommendation that
Congress be asked, in enacting the legisla-
ton referred to, to make careful provision
for the preservation and continuance Of all
the present functions of the health depart
ment Of the District of Columbia in the in
spection of food products, including milk,
and of beverages, candies, drugs and condi-
ments, in the District of Columbia. Com
missioner Macfarand feels that this work,
so necessary to the protection of the lives
of the people of the District Of Columbia
and visitors to the national capital can best
be done by District officials, who are now
doing it efficiently.
Health Officers Explanation.
The health officer explains the conditions
as follows:
to certain legislation pending in the Senate
relative to traffic in foods and drugs. which,
ii enacted, will radically alter the condi-
tons governing such traffic in the District
of Columbia The two bills which are typi.
cal of this legislation are "A bill to prevent
misbrandiDg and adulteration of foods or
drugs, to regulate interstate commerce
therein, and for other purposes Is. 6303).
and IAN act for preventing the adultera-
ton, misbrandng and imitation of foods,
beverages, candies, drugs and condiments
in the District of Columbia and the terri
tories, and for regulating interstate traffic
therein. and for other purposes" Oh r.
BOD. The act last named passed the House
Of Representatives on the 10th instant.
This legislation will, if enacted, make it
unlawful to ship out of or to receive within
the District of Columbia or any state or
territory any food or drug unless it con-
forms to certain requirements as to compo-
stion and labelling. Analogous restrictions
are placed upon commerce wholly within
the District of Columbia or any territory,
but after painstaklng examination of both
the Senate and the House bill 1 unable
to determine whether they will transfer to
the Secretary of Agriculture all or only
a part of the authority which the Commits
sioners of the District of Columbia now
and sale of foods and drugs in said Dis
trict. While either such transfer is to be
deprecated, the uncertainty of the situation
which will result from the enactment of
greatly aggravate the situation.
Against Transfer
eff the entire control of the manufacture
and sale Of foods, and drugs in the District
be transferred to the Agricultural Depart
ment it is but step to the similar transfer
of each and every other function Of the
local government. Moreover, If such trans
fer be made, the supervision of traffic in
foods and drugs in this District will be
merely minor incident in the work of an
executive department, and therefore not
likely to be done as extensively or as thor
oughly as when performed by a force Of
local inspectors specially provided for that
purpose and under the immediate super
vision of local officials.
An impression prevails that the tending
will establish uniform standards,
methods of inspection, etc, through 1ut the
United States, and it is argued that the
District of Columbia should be included
within it's provisions in order to main cain
this uniformity. No such uniformity will,
however. be esta blished. The proposed fed
erai legislation fer the regulation of traffic
in foods and drugs is in addition to and not
In lieu of the laws which have been or here
after may be enacted by the several states.
1t cannot reduce the local standards or
methods, determined determinable by
states, to a uniform basis, but will on the
other hand, split the standard which now
exists in each state by creating a new law
and new standards for the regulation of
a part of interstate traffic while another
law and other standards remain for the
same articles whenever they form a part of
traffic wholly within the state.
Uniformity Already Exists.
$50 far as relates to the District of
Columbia alone, uniformity in standards
and methods of procedure already exists by
virtue of the act of February II, 1898,
which, having been enacted by Congress,
is equally applicable to all goods whether
part of interstate commerce or not. This
law, enacted only after ten years expert
ence in the enforcement of a similar
statute was drafted and it's enactment
urged solely for the purpose of overcoming
difficulties which had been met with in
the enforcement of the earlier act Some
of it's provisions have already been tested
in the court of appeals and have been sus-
tanned. In view of these facts it seems
better that it should not be repealed, ex-
cept for the most urgent reasons, and, 50
far as 1 have been able to<discover, none
such have been presented.
IF, however, for the sake of securing
uniformity throughout the United States
1t were necessary and feasible for the fed
eral government to fix Standards there
would yet be no reason why the enforce
ment of the laws establishing them should
be placed solely in the hands Of federal Of
fcials Certainly, in the supervision of a
matter which so closely affects the we'll
the foods and drugs which it consumes the
community itself may safely be allowed to
enforce the laws necessary for the protec-
ton thereof, if not to the exclusion of fed
eral officials, at least alongside Of them.
I'm view of the foregoing facts there
seems to be no reason why existing stand |
ards and procedures, with reference to the
sale Of foods and drugs in the District of
Columbia, should be changed or why the
District government should be deprived of
all rights, with reference to such matters
even so far as relates to the mere enforce
ment of the laws
Objections Stated.
1.-The objections to the pending legisia-
ton which have been stated SO far have
had reference to the transfer Of the en-
tire control of the sale of foods and drugs
in the District Of Columbia to the De-
partment of Agriculture. While theoreti-
cally the transfer of the control of such
traffic merely soIfar as it is a part of in
terstate commerce would be unobjection-
able, pra ctically the results of such trans
fer would be disastrous. If legislation be
enacted which will bring about this result,
persons forwarding goods to consignees
within the District for purpose of ship
ment will have to conform to the federal
law, and, the consignees, for the purpose
of sale within the District, will have to
conform to the local statutes InSnection