BUREAU OF CHEMISTRY. 193 



transported from one State, Territory, District, or insular possession 

 to another for sale, or, having been transported, remains unloaded, 

 unsold, or in orifjinal unbroken paekafres, or if it be sold or otfered 

 for sale in the District of Columbia or the Territories, or insular pos- 

 sessions of the United States, or if it be imported from a forei^jii 

 country for sale, or if it is intended for export to a foreign country, 

 shall be liable to be proceeded apiinst in any district court of the 

 United States within the district where the same is found, and seized 

 for confiscation by a process of libel for condemnation. And if such 

 article is condemned as being adulterated or misbranded, or of a 

 poisonous or deleterious character, within the meaning of this Act, 

 the same shall l)e disposed of by destruction or sale, as the said court 

 may direct, and the proceeds thereof, if sold, less the legal costs and 

 charges, shall be paid into the Treasury of the United States, but 

 such goods shall not be sold in any jurisdiction contrary to the pro- 

 visions of this Act or the laws of that jurisdiction: Provided^ how- 

 ever^ That upon the payment of the costs of such libel proceedings 

 and the execution and deliver}' of a good and sufficient bond to the 

 effect that such articles shall not be sold or otherwise disposed of 

 contrary to the provisions of this Act. or the laws of any State, Ter- 

 ritory, District, or insular possession, the court may by order direct 

 that such articles be delivered to the owner thereof. The proceed- 

 ings of such libel cases shall conform, as near as mav be. to the 

 proceedings in admiralty, except that either party may demand 

 trial by jury of any issue of fact joined in any such case, and all 

 such proceedings shall be at the suit of and in the name of the 

 United States. 



Act June 30. 100(1. o. ?,'^^-^. s. 10. ;J4 Stat. 771. 



Examination of samples of foods and drugs imported, etc., on notice to owner 

 or consignee; refusal of admission and delivery to consignee of articles 

 adulterated or misbranded, or dangerous to health, or forbidden entry or 

 sale or restricted in sale in the country where made, etc.; delivery of goods 

 to consignee pending examination and decision on bond, etc.; charges for 

 storage, etc.. on goods refused admission, and lien therefor against subse- 

 quent importation. 



Sec. 11. The Secretary of the Treasun' shall deliver to the Secre- 

 tary of Agriculture, upon his request from time to time, samples of 

 foods and drugs which are being imported into the United States or 

 offered for import, giving notice thereof to the owner or consignee, 

 who may appear before the Secretary of Agriculture, and have the 

 right to introduce testimony, and if it appear from the examination 

 of such samples that any article of food or drug offered to be im- 

 ported into the United States is adulterated or misbranded within the 

 meaning of this Act, or is otherwise dangerous to the health of the 

 people of the United States, or is of a kind forbidden entry into, or 

 forbidden to be sold or restricted in sale in the country in which it is 

 made or from which it is exported, or is otherwise falsely labeled 

 in any respect, the said article shall be refused admission, and the 

 SecretaiT of the Treasury shall refuse delivery to the consignee and 

 shall cause the destruction of any goods refused delivery which shall 

 not be exported by the consignee within three months from the date 

 of notice of such refusal under such regulations as the Secretary of 

 the Treasiir}'^ may prescribe : Provided^ That the Secretary of the 



716.^7—13 13 



