L 



SCIENCE. 



[N. S. Vol. XXIV. No. 606. 



be construed as requiring or compelling pro- 

 prietors or manufacturers of proprietary foods 

 which contain no unwholesome added ingredi- 

 ents to disclose their trade formulas, except in 

 so far as the provisions of this act may require 

 to secure freedom, from adulteration or mis- 

 branding. 



Sec. 9. That no dealer shall be prosecuted 

 under the provisions of this act when he can 

 establish a guaranty signed by the wholesaler, 

 jobber, manufacturer or other party residing 

 in the United States, from whom he purchases 

 such articles, to the effect that the same is not 

 adulterated or misbranded within the meaning 

 of this act, designating it. Said guaranty, to 

 afford protection, shall contain the name and 

 address of the party or parties making the sale 

 of such articles to such dealer, and in such 

 case said party or parties shall be amenable to 

 the prosecution, fines and other penalties 

 which would attach, in due course, to the 

 dealer under the provisions of this act. 



Sec. 10. That any article of food, drug or 

 liquor that is adulterated or misbranded within 

 the meaning of this act, and is being trans- 

 ported from one state, territory, district or 

 insular possession to another for sale, or, hav- 

 ing been transported, remains unloaded, unsold 

 or in original unbroken packages, or if it be 

 sold or offered for sale in the District of 

 Columbia or the territories or insular posses- 

 sions of the United States, or if it be imported 

 from a foreign country for sale, or if it is 

 intended for export to a foreign country, shall 

 be liable to be proceeded against in any dis- 

 trict court of the United States within the 

 district where the same is found, and seized 

 for confiscation by a process of libel for con- 

 demnation. 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 be 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 con- 

 trary to the provisions of this act or the laws 

 of that jurisdiction: Provided, however. That 

 upon the payment of the costs of such libel 



proceedings and the execution and delivery of 

 a good and sufficient bond to the effect that 

 such articles shall not be sold or otherwise 

 disposed of conJ;rary to the provisions of this 

 act or the laws of any state, territory, district 

 or insular possession, the court may by order 

 direct that such articles be delivered to the 

 owner thereof. The proceedings of such libel 

 cases shall conform, as near as may 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. 



Sec. 11. The Secretary of the Treasury, 

 shall deliver to the Secretary 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 con- 

 signee, who may appear before the Secretary 

 of Agriculture and have the right to introduce 

 testimony, and if it appear from the examina- 

 tion of such samples that any article of food 

 or drug offered to be imported 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 Secretary 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 Treasury 

 may prescribe: Provided, That the Secretary 

 of the Treasury may deliver to the consignee 

 such goods pending examination and decision 

 in the matter on execution of a penal bond for 

 the amount of the full invoice value of such 

 goods, together with the duty thereon, and on 

 refusal to return such goods for any cause to 

 the custody of the Secretary of the Treasury, 

 when demanded, for the purpose of excluding 

 them from the country, or for any other pur- 



