AjauuTrv,i&oa9m'f  Draft  °f  a  Proposed  Importation  Act.  33 
departments.  This  same  section  does  grant  the  Secretary  of  the 
Treasury  the  right  to  frame  regulations  which  will  permit  the  refusal 
of  importations.  I  fail  to  find  anywhere  in  this  Act  of  June  30,  1906, 
the  necessary  machinery  for  customs  inspection  and  appraisement 
which  forms  an  essential  portion  of  the  Act  of  1848,  and  consequently 
one  is  compelled  to  conclude  that  simply  the  repeal  of  the  Act  of 
1848  is  not  altogether  what  is  desired  and  the  wisdom  of  such  a  step 
without  the  re-enactment  of  the  important  features  of  the  Act  must 
be  doubted.  In  addition  to  these  administrative  features,  the  Act  of 
1848  contains  a  plan  for  appeal  which  should  be  very  valuable  to 
the  importer  in  the  event  of  an  erroneous  decision  by  the  examiner 
and  this  plan  of  appeal  should  be  retained  in  any  revised  enactment. 
Believing  that  the  reform  desired  by  the  drug  trade  and  needed 
in  the  Treasury  Regulations  can  be  best  secured  by  an  Act  that  will 
repeal  the  Act  of  June  26,  1848,  and  at  the  same  time  frame  proper 
regulations  for  the  inspection  of  drugs  and  the  specific  application  of 
Sections  7  and  8  of  the  Act  of  June  30,  1906,  to  drugs  imported,  the 
writer  has  ventured  to  draft  an  outline  of  a  proposed  act  which  is 
submitted  simply  as  a  layman's  idea  of  what  is  desired  by  the  drug 
trade  and  offered  as  a  tentative  project  for  discussion  with  the  idea 
that  it  will  be  put  into  proper  legal  phraseology  and  form  for  sub- 
mission to  Congress  by  the  trade  associations  interested. 
A  Draft  of  a  Proposed  Act  to  Prevent  the  Importation  of  Adulterated, 
Spurious  or  Misbranded  Drugs. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled : 
That  from  and  after  the  passage  of  this  Act,  all  drugs,  medicines,  medici- 
nal preparations  including  medicinal  essential  oils,  and  chemical  preparations 
used  wholly  or  in  part  as  medicine  imported  into  the  United  States  from  any 
foreign  country,  shall  before  passing  the  Custom  House,  be  examined,  to 
determine  that  they  are  not  adulterated,  spurious  or  misbranded  and  are  fit 
for  medicinal  purposes  and  appraised  as  to  their  value  and  identity  as  speci- 
fied in  the  invoice. 
Sec  2.  That  the  importation  from  any  foreign  country  of  any  article  of 
drugs  which  is  adulterated,  spurious  or  misbranded  within  the  meaning  of  this 
Act  is  prohibited;  Provided,  however,  that  it  shall  not  be  construed  a  viola- 
tion of  this  section  for  any  school,  college,  university,  teacher  or  investigator 
to.  obtain  and  import  small  samples  of  such  adulterated  or  spurious  drugs 
for  the  purpose  of  exhibition,  teaching,  studying,  investigation  or  research 
but  the  sale  or  distribution  of  any  portion  of  such  sample  for  commercial  or 
medical  use  is  prohibited. 
Sec  3.  That  the  term  "  drug  "  as  used  in  this  Act  shall  include  all  medi- 
cines and  preparations  recognized  in  the  United  States  Pharmacopoeia  or 
