ADMINISTRATION OF IMPORTANT REGULATORY LAWS 8 1 



Penalties for the violation of the act may consist of the 

 seizure and condemnation of the goods, or fine and im- 

 prisonment. Goods transported in interstate commerce are 

 subject to seizure only if remaining unloaded, unsold, or in 

 original, unbroken packages.^^ 



While the food and drugs act is properly called a health 

 measure, it is only in a somewhat indirect manner that the 

 object is to be attained. In other words, it is primarily 

 a measure intended to enforce honest labeling of foods and 

 drugs, and only secondarily does it directly prohibit harm- 

 ful adulteration. Thus the benefits to be derived are largely 

 dependent upon the degree of education of the consumers. 



Each of the terms "food," "drug," " misbranded," and 

 " adulterated " is specifically defined in the act. When used 

 in the enforcement of the law, it must be in the statutory 

 sense. Thus " drug " as used in the act, includes " all -medi- 

 cines and preparations recognized in the United States 

 Pharmacopoeia or National Formulary for internal or ex- 

 ternal use, and any substance or mixture of substances in- 

 tended to be used for the cure, mitigation, or prevention 

 of disease of either man or other animals." 



All misbranding and much statutory " adulteration " may 

 be corrected by the use of appropriate names and labels. 

 The statute recognizes two classes of adulterated foods. In 

 one class adulteration of an article is dependent upon the 



use of either legend, or any similar legend, on labels or packages 

 should be discontinued. Inasmuch as the acceptance by the Secre- 

 tary of Agriculture for filing of the guaranties of manufacturers 

 and dealers and the giving by him of serial numbers thereto con- 

 tribute to the deceptive character of legends on labels and packages, 

 no guaranty in any form shall hereafter be filed with and no serial 

 number shall hereafter be given to any guaranty by the Secretary of 

 Agriculture. All guaranties now on file with the Secretary of Agri- 

 culture shall be stricken from the files, and the serial numbers as- 

 signed to such guaranties shall be canceled." 



'•■*" Regulation 2. — The term 'Original unbroken package' as 

 used in this act is the original package, carton, case, can, box, barrel, 

 bottle, phial, or other recei)tacle i)ut up by the mainifacturer, to 

 which tile label is attached, or which may be suitable for the attach- 

 ment of a lal)el, making one complete package of food or drug 

 article. The original package contemplated iiu-ludes l)otli the whole- 

 sale and the retail package." 

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