The Birmingham age-herald., 1912-04-07
HARD ID REGULATE
 TRAFFIC IN DRUGS Proposed Legislation Has
 Little Effect
 CANNOT ENFORCE LAW Poord of Eoed and Drup TnsnertiOu
CANNOT ENFORCE LAW
Board of Food and Drug Inspection Has No Power to Attach Penalty for Violations
 of Statutes
By JONATHAN WINFIELD

Washington, April 6-(Special.) )-Legal experts who have made study of the proposed regulations governing the im- portation and sale of opium, morphine, cocain, coca and their derivatives and preparations. which were drawn up by the bureau of chemistry under the direction of Dr. Harvey W. Wiley. shortly before he resigned as chief of the bureau, have agreed the proposed regulations will have sittle, if any, value in the campaign to re- strict the traffic in the drugs. The fault, it seems, lies in the fact that the board of food and drug inspection, whose duty 1t would be to apply the regulations. has no power to attach penalty for the enforce
 ment of the proposed regulations.
 It is pointed out by an authority that the matter of complying with the regula-
 tions, if finally put into effect. would rest
 dnly with the honor of the importers and
 the activity of tho state authorities But if an importer choose he could disregard
 the regulations and the bureau of chemis- try or the board, would be powerless in the absence of authority to attach penal ty for a violation.
 On the other hand, 1t is argued, the drugs could be traced through the method ] proposed in the regulations and If found to be used in violation of any state law this law could be invoked against the per
 son so violating the state law.
 One of the principal features of the pro-
 posed regulations Is a declaration to be
 made under oath by the importer, that the importation of the drug Tn question IS | "expressly imported and intended to be | ha i'm of mediCiQp9' or sold by the importer flor medicinal pur- poses or for manufacturing medicinal agents and that such opium, morphine, cocain, or coca, or their derivatives or preparations are not intended to be used in such manner as to render them in any way dangerous to the health of the peo- ple of the United States
 It Is further provided fin the proposed regulations that in order to make it possi- hle to determine whether the drugs inn nor-ted under the importers declaration are used as prescribed leach and every subseouent purchaser or receiver of such imported opium, morphine. cocain, coca, their derivative or preparations thereof, shall be required by the importer person. firm or corporation making the sale or de- livery" to file declaration that the drugs .'are expressly purchased and intended to be used for treating diseases, or in the preparation of medicines or the manufac- ture of alkaloids or salts of alkaloids. and such preparations If sold or given away are not intended for any other but medic inal purposes" This declaration Is re- ouired in each sale or transaction involv- ing any of the drugs covered by the regu- laton.
 The declarations Is not necessary, how ever, in case the purchase is made up on the original written prescription of legally authorized practitioner of medi- cine. dentistry or veterinary medicine. Tn such cases such prescriptions shall be re- tained on file for five years. In addition It Is provided that all importers. manufac- turers and dispensers of these drugs must file report with the bureau of chemistry not later than January 15 of each year of the amounts on hand the first of January the amounts imported purchased or re- ceived during the preceding year and the disposition and use made of the drugs.
 It is by this means that Dr. Wiley hoped to keep track of the drugs and reduce the traffic in them, but as already pointed out, there is no penalty for the enforce ment of the rules. and except as a means of tracing the drugs to the various states where they may be used in violation of state laws they would be practically use- less.
 In recent hearing before the board of food and drug inspection on this ques- tion representatives of the wholesale druggists and manufacturing chemists ar gued in opposition to the proposed regula- tions and opposed them chiefly on the ground that they would entail heavy ex- pense on the manufacturers without really accomplishing anything in the way of the suppression of the drug evils. These man. ufacturers proposed a conference of lead ing dealers in drugs and members of the
 board with view to framing bill satis- factory to everybody concerned for endct- ment into law by Congress. It will be only by this means. they argued. that