The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-21

most radical and far-reaching extern
sion of the food and drugs act probably
ever made went into effect June 16 by
the unanimous vote OF. the three sec
retaries. On motion of Secretary
Houston, acting under a ~far-reaching,
opinion of the attorney general. and
secretaries Of the treasury and Of COM
merce Joined today with the depart
ment of agriculture in putting domes-
tic meat and meat food products for
the first time fully under the. provi-.
sions of the, food and drugs act. For
the first time therefore, manufactur-
ers of meat foods will now be required
to comply with the food and drugs, acr
as well at the meat inspection law.
This action was taken by revoking
regulation 80 of the rules and regula-
tons for the enforcement of the act,
which was adopted Oct. II, 1906, and
since that time has specifically ex-
empted meats and meat food products
and their producers from the opera
ton of the food and drugs act. Owing
to this regulation, revoked, the
department of agriculture hitherto has,
been effectually prevented from pro-
ceeding against manufacturers of;
meat foods under the pure food law,
or ordering seizures and prosecutions
for m~isbranding or adulterationr of do,
nestle meats.
The revocation of regulation 80 re-
suited from the fact that Secretary
meat and meat food products were not
a food in the sense of the food and
drugs act, or why the department Of
agriculture could not seize bad meat or
adulterated or misbrandedF meat once
1t had entered Interstate commerce.
He, therefore, requested an opinion.
from the attorney general in a letter
in part as follows:
81 am informed that up to the pres
ent time meats and meat food
products have. been practically
exempted Of the food and drug act
on account OF regulation 80 of the.
rules and regulations made by the
three secretaries for the enforcement
of this act. = VI = / am advised by
the solicitor for this department that
there is nothing in either statute in
,dicating an intent on the part of the
congress that meats and meat food
products should not be required, in
common with all other articles of
food, to meet the tests for adultera-
ton and misbranding prescribed by,
the food and drugs. act. = = IL
81 deem it a. matter of great IN
portance to the public. that the food
and drugs act should be given full
~force3and effect, and it is my purpose,
if you shall decide that the provisions
of this remedial statute are applicable
meats and meat food products pre-.
pared under the meat inspection law,
to propose to the secretary OF h
treasury and the secretary OF eom-
merce that regulation 80 be- reyok-
ed,
Attorney General McReynolds, on
May "a, answered with an opinion in
as foIIOWSt E
II have carefully examined the opin-
ion Of the solicitor " and J.
agree with him that your question
should be answered affirrnatively.
Both statutes had the common pur-
pose OF preventing the shipment in
interstate and foreign commerce Of
impure orssunwholesome foods.
.'The act (1neat inspection)
is enforced only by criminal action:
IT does not provide for the seizure Of
the meats themselves, nor does it
meats which have become spoil
ed after leaving an official establish
but which are still in interstate
sThe5 food and drugs act, on the
other hand acconplishes its purpose,
not by an inspection preliminary to-
TRANSFORMATION but by maxi
ing criminal the interstate commerce
ia adulIerated % mlSDranQeQ GIQ0QS
andEdrIgs. provision is$Iaade for coli
Iecting and aralyzing samples OF foods
drugs, and in addition to punish
ing violators of the law, authority is
to seize and destroy thea
adulterated or misbraildsd foods
themselves.
while theseaf es@oveflap to-
some axIent, neither is Inconsistent
with the other. nor lis anything COM
in them to- indicate t~hateeither!
Was#fnte1ldAd 9yascongresgsas al substi-
tute for@the other. / am Of the opinion
that the acts are supplementary tol
each other. and that both apply to the
articles OF food wherever their
Ianguagess Indicates
t"Thatsthe fooafand drugs act appliesl
to meats and meat food product fsI
clear from it's language. ForF~instaflcesI
La section s.. lit is said.
"t The term & food q usad herein
shall include all articles used forSfpod.l
drink, confectionery, or condiInent by
or other animals, whether simple
or compound
Section provides that for the
purposes ofathe act I'm aTficlesshaA be-
deemed to- be adlltersteds in the case
of8 food
sixth: JIG Ill consist in whole OF
in part Of asfiIthy. d-ecomlposed, or
animal or ~Vegstable substance,I
or ANY poFtioIfso CT an animal unfH for
food whether manufactured or not ON
1T 1t Isl the product Of a diseased anil
mai oEs%oneathaL has died otherwise |