^nuTry,  i909m'}  Drugs  and  Food  Acts  of  1848  and  1906. 
21 
pass  a  law  which  would  permit  the  importation  of  such  drugs.  The 
law  was  therefore  carefully  studied  and  it  was  ultimately  discovered 
that  part  of  Section  1 1  covered  the  situation  fully,  and  for  the  pur- 
pose of  bringing  it  before  the  meeting,  I  desire  to  read  it  at  this 
time.    It  is  as  follows : 
"  and  if  it  appear  from  the  examination  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  labelled  in  any 
respect,  the  said  article  shall  be  refused  admission,    .    .  ." 
It  was  held  that  inasmuch  as  Section  11  deals  specifically  with 
imported  products,  this  section  wonld  prevail,  if  there  should  be  any 
repugnancy  between  the  two  sections.  In  discussing  this  feature 
with  one  of  the  officials  of  the  Department  of  Justice,  I  was  informed 
that  there  was  no  repugnancy  between  Sections  7  and  11,  for  the 
reason  that  Section  11  covers  not  only  adulteration  and  misbranding 
within  the  meaning  of  the  Act  relative  to  imported  products,  but  in 
addition  directs  that  admission  shall  be  refused  to  drugs  dangerous 
to  the  health  of  the  people  of  the  United  States,  or  to  drugs  for- 
bidden entry  into,  or  forbidden  to  be  sold,  or  restricted  in  sale  in 
the  country  of  production  or  exportation.  An  article  recognized  by 
the  United  States  Pharmacopoeia,  in  order  that  it  may  be  imported 
must  comply  not  only  with  the  adulterating  and  misbranding  features 
of  the  Act,  but  also  with  the  additional  requirements  of  Section  11. 
In  order  to  avoid  disturbing  trade  conditions  materially,  certain 
adulterated  and  debased  drugs  were  refused  importation  on  the  fol- 
lowing basis : 
(1)  Any  article  recognized  by  the  United  States  Pharmacopoeia 
which  differs  from  the  standard  set  by  this  authority,  is  considered 
improper,  unsafe  and  may  be  dangerous  for  medicinal  purposes ; 
except  in  such  cases  where  the  drug  is  to  be  used  for  the  manufacture 
of  certain  definite  principles,  sUch  as  strychnine  from  nux  vomica, 
or  in  preparations  which  are  subsequently  standardized.  If,  however, 
a  crude  drug  is  so  debased,  or  is  of  so  low  a  standard  as  to  preclude 
its  use  in  the  manufacture  of  standardized  preparations,  it  will  not 
be  considered  as  coming  within  the  meaning  of  the  above  ruling. 
(2)  If  a  drug  is  restricted  in  sale  or  forbidden  to  be  sold  in  the 
country  of  production  or  exportation. 
