^muTrv  i909.m'f  Act  °f  l848>  Importation  Regulations.  27 
reject  them,  although  the  standard  of  purity  and  strength  may  be 
properly  stated  on  the  containers  in  accordance  with  Section  7  of 
the  Food  and  Drugs  Act.  The  examiner  is  not  restricted  to  the 
drugs  listed  in  Article  903,  for  Article  900,  which  is  based  on  R.  S. 
2935,  is  now  amended  to  read  as  follows  : 
Art.  900.  Standard. — All  imported  drugs,  medicines,  and  medicinal  prepa- 
rations are  to  be  tested  in  reference  to  strength,  and  purity  by  the  standard 
established  by  the  United  States,  Edinburgh,  London,  French  and  German 
Pharmacopoeias  and  Dispensatories.  If  the  articles  in  question  be  manu- 
factured, produced,  or  prepared  in  England,  Scotland,  France,  or  Germany, 
and  conform  in  strength  and  purity  to  the  Pharmacopoeia  and  Dispensatory 
of  the  country  of  their  origin,  they  are  exempt  from  the  penalties  of  the 
law ;  but  if  produced,  manufactured  or  prepared  in  any  other  country  than 
those  last  mentioned,  the}"  must  conform  to  the  United  States  Pharmacopoeia 
and  Dispensatory. 
The  examiners  can  reject  any  imported  drugs,  medicines,  medici- 
nal preparations  which  do  not  comply  in  strength  and  purity  with 
the  standards  of  the  Pharmacopoeias  mentioned  in  Article  900.  These 
requirements  are  much  seA~erer  than  those  of  the  Department  of 
Agriculture  under  Section  7  of  the  Food  and  Drugs  Act  which  would 
admit  all  imported  drugs,  medicines  and  medicinal  preparations,  pro- 
vided the  standard  of  quality  and  purity  is  marked  on  the  container 
even  should  they  fall  below  the  requirements  of  the  U.  S.  P.  It  is 
because  of  these  conditions  that  members  of  the  drug  trade  and 
importers  feel  the  necessity  for  a  change  in  these  conflicting  laws 
and  regulations  so  as  to  enable  customs  examiners  to  carry  out 
examinations  of  drugs  in  accordance  with  well  understood  rules 
which  permit  of  no  variation,  and  avoid  conflict  of  the  authorities  of 
two  departments  of  our  government. 
In  my  opinion  the  Food  and  Drugs  Act  of  June  30.  1906,  embodies 
in  its  sections  every  element  of  protection  against  wilful  adulteration 
and  misbranding.  It  is  more  comprehensive  in  its  scope  than  the 
Customs  Act  of  1848,  which  in  its  original  form,  and  as  amended 
by  Customs  Regulations  since  that  time,  regulates  the  importation  of 
drugs.  It  is  compiled  with  greater  care  and  accuracy,  and  gives 
full  protection  to  the  consumer.  It  should  therefore  be  the  endeavor 
of  members  of  the  drug  trade  to  have  the  Act  of  June  26,  1848, 
repealed  by  act  of  Congress,  and  the  Secretary  of  the  Treasury 
should  be  .required  to  issue  Customs  Regulations  under  Section  11 
of  the  Food  and  Drugs  Act  of  June  30,  1906,  for  the  guidance  of 
