The Washington herald., 1914-06-27
HEALTH LAWS.
By FRANcIs q. CAFFEY,


solicitor. U. $, Department Of ACicuiture
In the early history OF the United
States little legislative attention was
given to health conservation. When
necessity for public action was first gen.
orally recognised. II was almost univer-
sally regarded as the business OF the
States. But. along with the growth OF
population, the multiplication OF COM
plexities Of civilization, the development
OF transportation. the quickening OF COM
| munication, and the increase OF govern
mental activity In other matters directly
affecting the lives OF individuals, there
has gradually come into existence mass
| OF Federal legislation on the subject.
Today each OF the ten executive depart
ments of the United States government
Is engaged. directly or Indirectly, In the
administration of one or more acts OF
Congress designed 10 safeguard health
The original statute Of lS6a establish
ing the Department OF Agriculture de-
fined It's chief purpose to be the acquisi-
tion and diffusion among the people OF
the United States Of useful information
| on subjects connected with agriculture,
| In the most general and comprehensive
sense OF that word. While this definition
Is still retained In the organic law, con-
currently with the spread Of its other
activities the department has had i'm
posed upon II many duties that concern
health primarily and agriculture only
incidentally. The principal of these re-
late to foods, drugs and meats.
The food and drugs act and the meat
inspection act were approved the same
day, June 30 1905. Both were the out
growth OF statutes which had proved
insufficient. Both probably, are mere
forerunners OF more erective legislation
which experience will demonstrate to be
essential: In the last seven and a half
years the food and drugs act has been
twice amended and the provisions Of the
meat inspection act have been extended
to imported meats. Both operate within
| the District OF Columbia, the Territories,
| and other places under the Jurisdiction
| OF the United States Both deal with
interstate and foreign commerce. Their
main domestic cohcern Is necessarily
confined 10 interstate transactions and
| Imports, inasmuch as the District Of
Columbia. the Territories, and the in
sular possessions comprise a relatively
small proportion of our population. A
fair conception of their limitations is
gained by considering that in our forty
| eignI States all foods. drugs and meats
which are produced, manufactured,
handled. and sold fntrastate. which never
enter Interstate or foreign commerce.
may be kept beyond the pale Of Fed
eral law.
Food and Drugs Act.
The purpose Of the food and drugs
act Is tWofold. Primarily, II is intended
10 enforce honest labelling Of the foods
We eat and the drugs We take. Second
| aTily, Il is Intended TO conserve health
insofar as Il IL affected by these articles.
The act, therefore, makes unlawful the
! misbranding and adulteration OF the
foods and drugs with which il deals
Each OF the terms food" drug
''misbranded." and "adulterated" is spe-
| cially defined in the act. In some re-
| spects the definitions are broader, and
in other respects more restrictive, than
the meanings given in common parlance.
\ Wherever any OF these words is used
in connection with the act IL is to be
taken solely in its statutory sense.
Food" within the act. includes all
articles used for food, drink, confectlon-
| cry. or eondiment by man or other ami
mails" "DHIgs.' as used in the act.
includes AN medicines and preparations
! recognized in the United States Pharma-
1 Copoeia or National Formulary for In
ternal or external use. and any substance
or mixture of substances intended to be
used for the cure. mitigation. or preven-
| ton Of disease Of either man or other
/ animals"
All "misbranding'' and much statutory
| ''adulteratiOn" are capable OF correction
by the use Of appropriate names and
| labels. The prohibitions against i'm
proper nomenclature and marking are
OF immense commercial Importance to
manufacturers, dealers. and consumers;
they tend to prevent cheating and to
compel fair dealing. Their value in that
| aspect is great and should not be under
| estimated. They are also important to
| consumers as aids in avoiding the pur-
| chase or use of articles without knowing
| what they are; but the misbranding
and a large proportion of the 'adultera-
ton" provisions Of the food and drugs
act have 10 other direct bearing on
health.
1t is unfortunate that the general pub
lie has not yet appreciated that the act
! is principally a labelling and not a health
| law.
| The statute takes cognizance OF two
| classes of adulterated foods. In one class
| whether an article is adulterated de-
pends on the name OF the label under
which II is sold. Change OF name or
label so as correctly to prescribe the
! product will relieve 1t from the charge
Of adulteration, which could otherwise
be maintained against it, because Of
false or misleading representation as TO
| its identity. quality, or strength. Adult
teration OF the second class is inherent
| in articles themselves, irrespective OF
names or labels, and incapable of being
cured by naming or labelling The more
important provisions of the act affecting
products OF this class declare adulterated
| those foods which consist, in whole or
in part Of a filthy. decOmpOsed, or pu-
| trid substance. or contain any part OF
an animal unit for food, or contain any
added poisonous or other added deleteri-
GUS ingredient which may render the ar
ticles injurious TO health. II is further
provided that confectionery shall be
deemed adulterated II il contain any Of
certain specied substances or any poison
| Gus or deleteriOus ingredient whether
added or not.
Whether a drug is adulterated depends
solely on the labelling or the name under
which il is sold. Falling below the pro-
| fessed standard of strength, quality, or
I purity Is an adulteration. but declara-
! ton on the label of the actual strength,
! quality. or purity Of an article, notwith-
standing that il differs in these respects
| from the standard laid down in the
! United States PhaTmacOpoeia or National
! Formulary, removes the article from the
| ban of the statute. The food and drugs
act contains no provision as to drugs
| prohibiting adulteration in any popular
4 sense OF that word. The forms of ''adul-
/ teration" of drugs which are prohibited
may all he cured by correct labelling.
! In addition to the general advantage to
. consumers resulting from the prohibition
OF untruthful labels, an important pro-
-