22  Drugs  and  Fovd  Acts  of  1848  and  1906.  |A ^J™^ 
The  above  ruling  permits,  for  example,  the  importation  of  a  bella- 
donna root  which  does  not  contain  the  proper  alkaloidal  content  pre- 
scribed by  the  Pharmacopoeia,  provided  the  consignment  is  marked 
as  prescribed  in  Section  7,  but  does  not  allow  the  introduction  of 
belladonna  root  adulterated  with  poke  root  or  some  other  substance 
which  may  affect  the  medicinal  virtues  of  the  root  or  preparations 
in  the  manufacture  of  which  it  is  used.  In  case  a  product  is  not 
recognized  by  the  United  States  Pharmacopoeia  but  is  recognized  by 
the  Pharmacopoeia  of  the  country  of  production  or  exportation,  the. 
standard  set  by  the  Pharmacopoeia  of  such  country  shall  obtain.  For 
example,  if  a  drug  not  recognized  by  the  United  States  Pharma- 
copoeia, is  purchased  or  manufactured  in  England  or  any  of  the 
English  colonies,  but  is  recognized  by  the  British  Pharmacopoeia, 
the  standard  set  by  the  latter  authority  prevails. 
Under  the  above  ruling  certain  interests  contended  that  inferior 
asafetida  is  entitled  to  importation  because  it  is  powdered  and 
standardized  by  millers,  but  when  requested  to  submit  substantial 
evidence  to  this  effect,  it  was  not  forthcoming.  To  the  best  of  my 
knowledge,  there  are  no  methods  recognized  by  any  authority  for 
the  standardization  of  powdered  asafetida.  Furthermore,  such  a 
product,  in  my  opinion,  is  an  improper  one  for  the  reason  that  a  con- 
siderable portion  of  the  therapeutic  activity  is  eliminated  by  the 
drying  necessary  for  powdering. 
Your  attention  is  also  called  to  another  point.  During  the  past 
few  years,  the  Department  of  Justice,  by  authority  of  Congress,  has 
been  codifying  the  various  Federal  laws  so  as  to  include,  in  compact 
form,  all  of  the  legislation  covering  certain  features.  In  looking  over 
chapter  3,  page  1571,  Revision  of  1907,  under  the  heading  "Regu- 
lation of  Importation  and  Transportation  of  Foods,  Drugs,  Grain 
and  Seeds  "  it  was  found  that  no  reference  whatever  was  made  to  the 
drug  law  of  1848.  On  making  inquiry  of  the  codifier  relative  to  this 
point,  I  was  informed  that  the  Food  and  Drugs  Act  of  June  30,  1906, 
contained  all  of  the  features  embodied  in  the  law  of  1848,  and,  being 
a  later  one,  superseded  it.  This  does  not  mean  that  the  law  of 
1848  is  no  longer  in  existence,  but  that  the  two  laws  stand  together 
in  so  far  as  there  is  no  repugnance  between  them.  In  case  of  any 
conflict,  the  latter  law  prevails.  In  this  connection  permit  me  to 
call  your  attention  to  several  extracts  taken  from  a  decision  of  the 
Attorney-General,  February  23,  1907,  entitled :  "  Tea-Inspection 
Act — Food  and  Drugs  Act  Construction." 
