The Birmingham age-herald., 1906-06-28
| Is Made M'sdlEsau J to
 MisbraOd Any FOO0 rruauct
DEALERS ARE PROTECTED
If They Hold Guaranty From Concern From Which They Purchased the Articles They Cannot
 Be Prosecuted.

Washington, June 27-The purefood bill
 was agreed upon by the conferees of the Senate and House today. and was re- ported to the Senate just before adjourn ment. The House bill was taken as A
 basis of agreement. and into this were
 grafted many of the important sections
 of the Senate measures. which had been
 given great attention by Senators Me-
 Cnmber and Hepburn extending over three
 sessions of Congress.
 With the exception of two sections. tho bills were not materially different Two
 provisions of the House bill were elmi-
 hated entirely. They were the sections
 which authorized the secretary of agrl-
 culture to fix the standards of the vari-
 ons articles of food as to the whole
 someness or unwhoesomeness of the ya-
 rious conservatives, and which would
 compel the person selling drugs or ar-
 ticles of food to furnish samples of such
 product for the purpose of analysis. The bill as agreed upon, makes 1t q
 mlsdemeanor for any person to manufac-
 ture, sell or offer for sale any article of food, drugs. medicines or liquors which
 is adulterated or misbranded. or which contains any poisonous or deleterious sub- stances. It prescribes for each offense | fine not to exceed s500 or one years l imprisonment or both, within the dis
 crmination of the court, and for each sub | sequent offense fine of not less than
 5000 or one years imprisonment.
 | Cannot Enter Into State Commerce. l Section prohibits the introduction into
 any state or territory or the District of Columbia from any other state, territory
 or district. or any foreign country or
 the shipment to any foreign country of l any article adulteraaed or misbranded
 within the meaning of tho act under the
 penalty not exceeding a fine of $2QQ for
 the first offense and s36o or one years
 imprisonment, or both, for each subse- l quent offense. l Concerning shipments to foreign coun. l try. 1t Ia provided that no article shall l be deemed misbranded or adulterated
 when no substance is used in conflict with | the laws of the foreign country for which 1 1t Is intended. This clause however, 1 does not exempt any person from prose-
 eution if the article is offered for sale | for domestic use consumption. l Section provides for rules and regu- l ations for carrying out the act. | Section provides for examinations of | specimens of foods and drugs in tho l bureau of chemistry of the department of | agriculture. Owners are to be given
 hearing. and if 1t Is four0 that any pro- vision of that act has been violated. tho 1 secretary of agriculture is to certify the
 fact to the proper United States district
 attorney for action. and the adverse judg-
 ment of the court is to be published.
 Conduct Prosecutions Without Delay.
 All United States attorneys are obli-
 gated under Section to conduct prosecu-
 tions without delay for the enforcement
 of penalties
 Section defines the terms drugs and i foods and section ! defines what shall | be deemed adulterated in the case of
 drugs, confectionery and foods The stand | ards for drugs are those recognized in | the United States pharmacopea or na- l tional formuary
 | Confectionery Is held adulterated if it l contains any ingredient or coloring mat l ter deleterious or detrimental to health. l Foods are held adulterated If containing 1 any substance reducing. lowering or in- | juriously affecting its quality or strength; | when any substance had been substi- tuted wholly or in part for the article; | when any valuable constituent has been | distracted when mixed. colored. pow l dered, coated or stained to conceal dam- l age, or inferiority, or any poisonous or
 deleterious ingredients added. l The use of conservatives by external l application Is permitted when the direc- 1 tions for the removal of such preserva- lives are printed on the covering of the 1 package Food products Are declared adul- | terated if in whole or In part of a filthy. 1 decomposed or putrid animal or vegetable | substance or of any portion of an animal l unfit for food whether manufactured | or not, or If the product of diseased 1 animal or one that has died otherwise than by slaughter. Defines Term "Misbranded." The term "misbranded' applies to foods or drugs whose package or label bears
 any statement. design or device false or
 misleading, or if falsely branded as to place where manufactured or produced. Any article. however. which does not
 contain any added poisonous or deleterious ingredients shall not be deemed adulter- ated or misbranded when known under it's distinctive name. or If compounds. limitations or blends are plainly indicat- ed. The term blend is construed to mean a mixture of like substances and does not exclude harmless coloring or favorng ingredients. Proprietors or man. ufacturers of proprietary foods which contain no added unwhoesome ingredient ere not required to disclose their trade formulas except so far as this act may require to secure freedom from adultera- | ton or misbranding.
 Dealers are protected against prosecu- l tion if they hold the guaranty of tho concern from whom they purchased tho l articles
 The bill makes provision for court pros | cedure and for confiscation of any articles violatiye of the act, and samples of | foods or drugs imported are to be fur- nished the chemistry bureau of the treas | ury department articles decided against | to be exported within three months or , destroyed.
 Pending decision, imports may be de- livered under penal bond for the amount of the full invoice value. The act is to taka effact January next