By orders taking effect on July 1, 1908, there were established in 

 the Division of Foods the following laboratories with the functions 

 specified: 



(1) Food Inspection Laboratory (L. M. Tolman, Chief), charged with the examina- 

 tion of samples taken in connection with the enforcement of the food and drugs act, 

 except those referred to or coming within the scope of other laboratories. 

 ' (2) Food Technology Laboratory (E. M. Chace, Chief), charged with the investiga- 

 tion of technical methods connected with the manufacture and preparation of foods, 

 and the conduct of the analytical work necessary, for which no other provision has been 

 .made. 



j (3) Oil, Fat, and Wax Laboratory (H. S. Bailey, Chief), charged with the investiga- 

 tion of methods for the preparation and purification of edible oils, fats, and waxes and 

 [the study of analytical methods for the determination of their quality and purity. 



Domestic foods. Samples of foods and drugs are obtained in the 

 open market by the inspectors of the Bureau and by them transmitted 

 to the Bureau of Chemistry in Washington or to one of the branch 

 aboratories. 



No report is made regarding samples which are found to comply 

 with the law or cases which for any reason are not to be prosecuted, 

 "n the case of samples which are in violation of the law, and concern- 

 ng which the evidence is considered sufficient to warrant prosecution, 

 a notice is sent to the dealer or shipper appointing a date of hearing 

 and affording him an opportunity to make such statement of fact as 

 le may desire before the Secretary of Agriculture or such person or 

 >ersons as the latter may designate. Usually such hearings are before 

 he Board of Food and Drug Inspection or the chief of a branch labora- 

 ,ory. Decision not to prosecute may be due to the fact that a new 

 question is raised by a particular sample, to irregularity in sampling, 

 o loss of sample in transmission, or to other conditions that have no 

 connection whatever with the legality of the sample in question. 

 After the conclusion of the hearing all samples the accuracy of whose 

 analysis is questioned by the dealer or manufacturer are reexamined 

 in another laboratory than that in which the original examination 

 was made. If it then appears that the law has been violated, the 

 matter is referred to the Solicitor of the Department, who prepares 

 case for transmission by the Secretary of Agriculture to the 

 Attorney-General for prosecution by the United States attorneys. In 

 the case of foods and drugs liable to seizure and condemnation, the 

 racts are reported directly to the United States attorneys by the 

 Secretary. 



Adulterated and misbranded foods falling within the jurisdiction 

 of the law may also be seized and disposed of by destruction or sale 

 as the court directs. The owner may, however, in the discretion of 

 the court, regain possession of the goods by paying the costs and giv- 

 ing a bond stipulating that the articles will not be disposed of con- 

 trary to the act or the laws of any State, Territory, district, or insular 



tCir. 14] 



