398 



ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



THE FOOD AND DRUGS ACT (34 Stat. 768). 



Seven hundred and eighty-two cases were transmitted to the De- 

 partment of Justice, in 424 of which criminal proceedings and in 

 358 of which seizures were recommended. The 424 criminal cases 

 embraced 735 alleged violations of the food and drugs act. 



At the close of the fiscal year 1916, 377 cases were pending, of 

 which 200 were criminal prosecutions and 177 were seizures. 



Two hundred and ninety-two cases pending at the close of the 

 fiscal year 1916 and 555 reported during the fiscal year 1917, in all 

 847, were terminated in 1917. Of those terminated 412 were criminal 

 and 435 were civil. 



In 340 of the 412 criminal cases fines were imposed, the fine being 

 the costs of the proceeding in 1 case; in 1 an appeal taken by a 

 defendant was dismissed; in 1 the court refused leave to file the 

 information ; in 4 sentence was suspended ; in 1 a demurrer to the 

 indictment was sustained, and the case is now pending in the Su- 

 preme Court of the United States on the Government's writ of error ; 

 in 6 there were acquittals; 20 were nol prossed; and 39 were with- 

 drawn, dismissed, or barred by the statute of limitations. In a 

 majority of the cases in which fines were imposed pleas of guilty, 

 nolo contendere, or non vult were entered. In 14 pleas of not guilty 

 were entered, and the defendants were convicted after trial, and in 1 

 of these the judgment of conviction of the lower court was affirmed. 



In the criminal cases in which convictions were obtained the fines 

 were as follows: 



In addition to the fines imposed, costs were generally assessed. 



Of the 435 civil cases terminated during the year, decrees of con- 

 demnation and forfeitui-e were entered in 411, of which 7 were de- 

 cided favorably to the Government after contest; in 3 the libels were 

 dismissed; in 21 the packages were broken or disposed of before 

 seizure could be made. In the 411 casefe in which decrees of con- 

 demnation and forfeiture were entered the goods were destroyed in 

 201, released on bond or otherwise in 196, and sold in 14. In many 

 of the cases in which the product was released, the decree of the court 

 provided that the product shou.ld be sorted and that that portion 

 found unfit for food should be destroyed. 



