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Adulteration of Food and l>riie!'. 



In the Senate of the United States, June 

 3 1890, Mr. Paddock, from the Committee 

 on Agriculture aud Forestrj", reported the 

 following Bill, which was read the first and 

 second times, by unanimous consent : 



Be it enacted by the Semite and H<jnse 

 of Representatives of the l-ndcd •V'l'f"- "/ 

 America in Congress axsenthled, that, tor 

 the purpose of protecting the commerce lu 

 food products and drugs between the sev- 

 eral States and Territories of this Union 

 and foreign countries, the Secretary of 

 Agi-iculture shall organize m the Depart- 

 ment of Agriculture a division to be known 

 as the food division, and make necessary 

 rules governing the same to carry out the 

 provisions of this Act, and appoint a chiet 

 thereof, at a salary of j;3,000 per annum, 

 whose duty it shall be to procure from time 

 to time, under rules and regulations to be 

 prescribed by the Secretary of Agriculture, 

 knd cause to be analyzed or examined 

 samples of food and drugs sold or ofifered 

 for sale in any State or Territory other 

 than where manufactured. The Secretary 

 of Agriculture is hereby authorized to em- 

 ploy such chemists, inspectors, clerks, 

 laborers, and other employes as may be 

 necessary to carry out the provisions of 

 this act. , . . . . „ 



Section 2. That the introduction into 

 .any State or Territory from any other 

 State or Territory or foreign country of 

 jiny article of food or drugs which is adul- 

 terated within the meaning of this act is 

 hereby prohibited, and any person vyho 

 shall wilfully and knowingly ship oi- deliver 

 for shipment from any State or Territory 

 or foreign country to any other State or 

 ■Territory, or who shall knowingly receive 

 in any State or Territory from any other 

 State or Territory or foreign country, or 

 who having so received, shall deliver, for 

 pay or otherwise, or ofiEer to deliver to any 

 other person, any such article so adulter- 

 ated within the meaning of this act, shall 

 be guilty of a misdemeanor, and fjir such 

 offe^nse be fined not exceeding $200 for the 

 first offense, and for each subsequent 

 offense not exceeding $300, or be impns 

 oned not exceeding one year, or both, in 

 the discretion of the court. 



Sec 3 That the chief of said food divi- 

 sion shall make, or cause to be made under 

 rules and regulations to be prescribed by 

 the Secretary of Agriculture, examinations 

 of specimens of food and drugs which may 

 be collected from time to time under rules 

 and regulations to be prescribed by the 

 Secretary of Agriculture under its direction 

 fn various parti of the country and pub- 

 ish in bulletins the result of such analyses. 

 Bat the names of manufacturers or venders 

 of such foods or drugs analyzed shall m no 

 case be published in such bulletins until 

 after conviction in the courts of violation 

 *f this act. If it shall appear from such 

 examination that any of the provisions of 

 thi^act have been violated, the Secretary 

 of A'^riculture shall at once cause a report 

 of the fact to be made to the proper United 

 States District Attorney with a copy of the 

 results of the analysis duly authenticated 

 bv the analyst under oath. 



Sec 4. That it shall be the duty of every 

 District Attorney to whom the food 

 dWi'ion shall report any violation of this 

 act, to cause proceedings to be commenced 

 and prosecuted without delay for the hues 

 and penalities in such case provided,unles8 

 upon inquiry and exammation, he shall 

 decide that such proceedings cannot prob- 



ably be sustained, in which case he shall 

 report the facts to the food division. 



Sec. 5. That the term "drug," as used in 

 this act, shall include all medicines for in- 

 ternal or external use. The term "food," 

 as used herein, shall include all articles 

 used for food or drink by man, whether 

 simple, mixed, or compound. 



Sec. 6. That for the purpose of this act, 

 an article shall be deemed to be adulterated. 



In case of drugs : 



1. If, when sold under or by a name 

 recognized in the United States Pharma- 

 copa^ia, it differs within the knowledge of 

 the seller from the standard of strength, 

 quality, or purity, according to the tests 

 laid down therein. 



2. If, when sold under or by name not 

 recognized in the United States Pharma- 

 copffiia, but which is found in some other 

 pharmacopajia or other standard work on 

 materia medica, it differs within the knowl- 

 edge of the seller materially from the 

 standard of strength, quality, or purity, 

 according to the tests laid do%vn in said 



work. . „ ,, , T .,.. 



3 If its strength of purity fall below the 

 professed standard under which it is sold. 



In case of food or drink ; 



1 If any substance or substances has or 

 have been knowingly mixed and packed 

 with it so as to reduce or lower or injuri- 

 ously affect its quality or strength so that 

 such product, when offered for sale, shall 

 be calculated, and shall tend to deceive the 



purchaser. 



2 If any inferior substance or substances 



has or have been knowingly substituted 

 wholly or in part for the article, so that the 

 product, when sold, shall be calculated and 

 shall tend to deceive the purchaser. 



3 If any valuable constituent of the 

 article has been knowingly wholly or in 

 part abstracted, so that the product, when 

 sold, shall be calculated and shall tend to 

 deceive the purchaser. , ^ , . , 



4 If it be an imitation of and knowingly 

 sold under the specific name of another 

 firticl© 



5 If it be knowingly mixed, colored, 

 powdered, or stained in any manner where- 

 by damage is concealed, so that such pro- 

 duct, when sold, shall be calculated to 

 deceive the purchaser. 



6 If it contain within the knowledge ot 

 the seller any added poisonous ingi-edient, 

 or any ingredient which may render such 

 article injurious to the health of the person 

 consuming it. . ^, , , , « 



7 If it consist within the knowledge of 

 the seller of the whole or any part of a 

 diseased, filthy, decomposed, or putrid 

 animal or vegetable substance, or any por- 

 tion of an animal unfit for food, whether 

 manufactured or not, or if it is the product 

 of a diseased animal, or of an animal that 

 has died otherwise than by slaughter : 

 Prr/vided, That an article of food or drug 

 which does not contain within the knowl- 

 edge of the seller any added poisonous 

 ingredient shall not be deemed to be 

 adulterated — 



1. In the case of mixtures or compounds 

 which may be now or from time to time 

 hereafter known as articles of food under 

 their own distinctive names, aud not in- 

 cluded in definition fourth of this section. 



2. In the case of articles labeled,branded, 

 or tagged so as to plainly indicate that 

 they are mixtures, compounds, combina- 

 tions, or blends. 



3 When any matter or ingredient has 

 been added to the food or drug because the 

 same is required for the production or 

 preparation thereof as an article of com- 

 merce in a state fit for carriage or consump- 

 tion, and not fraudulently to increase the 

 bulk, weight, or measure of the food or 

 drug, or conceal the inferior quality thereof. 



4. Where the food or drug is unavoidably 

 mixed with some extraneous matter in the 

 process of collection or preparation. 



Sec. 7. That every person manufacturing, 

 offering, or exposing for sale, or delivering 

 to a purchaser any drug or article of food 

 included in the provisions of this act shall 

 furnish such drugs or article of food to any 

 person interested or demanding the same, 

 who shall apply to him for the purpose,and 

 shall tender him its value of a sample suffi- 

 cient for the analysis of any such article of 

 food which is in his possession. And upon 

 the presentation of such drug or article of 

 food to the proper officer of the food divi- 

 sion by a responsible person, with a request 

 from such person for an official analysis of 

 the same, the chief of such division shall 

 make, or cause to be made., such analysis 

 of the drug or article of food so presented, 

 under rules and regulations to be pre- 

 scribed by the Secretary of Agriculture. 



Sec. 8. That whoever refuses to comply, 

 upon demand, with the requirements of 

 Sec. 8 of this act, shall be guilty of mis- 

 demeanor, and, upon conviction, shall be 

 fiued not exceeding $100 nor less- than $10, 

 or imprisoned not exceeding one hundred, 

 nor less than thirty days, or both. And 

 any person found guilty of manufacturing, 

 offering for sale, or selling an adulterated 

 article of food or drug under the provisions 

 of this act, shall be adjudged to pay, in 

 addition to the penalties heretofore pro- 

 vided, for all the necessary costs and ex- 

 penses incurred in inspecting and analyz- 

 ing such adulterated articles of which said 

 person may have been found guilty of 

 manufacturing, selling, or offering for sale^ 

 Sec. 9. That in prosecutions for viola- 

 tions of this act proof of the act done shall 

 be held to imply knowledge and intent on 

 the part of the accused, unless such knowl- 

 edge and intent shall be disproved on the 

 trial. , „ ^ , 



Sec. 10. That this act shall not be con- 

 strued to interfere with commerce wholly 

 internally in any State, nor with the ex- 

 ercise of their police powers by the several 

 States. 



Concerning this Bill, aud the wholesale 

 adulteration everywhere to be found, the 

 Homestead gives this very vigorous article 

 on adulteration and adulterators, which 

 will be read with interest at this time : 



"If an angel were to swing open the 

 pearly gates and make a tour of the worlds 

 for the purpose of studying, as an obser- 

 vant and conscientious traveler, the moral 

 conditions prevailing outside of the Blest 

 Abodes, and would visit this planet in his 

 tour of the universe, and spend a short 

 time in *he marts of trade and commerce, 

 he would, we think, be disposed to scruti- 

 nize very closely, on his return, the appli- 

 cation of merchants in general for admis- 

 sion to the Haven of Eternal Rest. While 

 his clear perception of the principles of 

 rectitude would doubtless recognize among 

 them many of the very salt of the earth, 

 and many others who, though meaning 

 well and intentionally honest, were the 

 victims of a bad system, he would be com- 

 pelled to say in general : ' Your appear- 

 ance is all rule, and your speech fair, but 

 the late will of this establishment is to re- 

 gard with suspicion any business man who 

 comes from a world whose merchants have 

 the reputation of being adulterators for the 

 sake of filthy lucre, of everything that is 

 used as food, from the milk that nourishes 

 the motherless babe, to the last cordial that 

 moistens the parched lips of the expiring 

 patriarch.' 



