FOOD AND DRUGS. I. Dairy Products or Imitations and Adulterations Thereof, 119. 2. Oleomargarine Defined, 119. 3. Special Taxes, 120. 4. Penalty for Carrying On Business Without Paying Tax, 121. 6. Packing and Marking Oleomargarine - Penalty, 122. 7. Label of Manufacturer - Penalty, 123. 8. Tax on Manufacture - Stamps, 123. 9. Oleomargarine Sold Without Stamps to Be Taxed, 124. 10. Imported Oleomargarine, 124. 11. Purchasing or Receiving for Sale Oleomargarine Not Stamped, 124. 12. Purchasing from Manufacturer Not Having Paid Special Tax, 125. 13. Stamps on Emptied Packages to Be Destroyed — Penalties, 125. 16. Export Regulations, 126. 17. Penalty on Manufacturer for Defrauding, 126. 18. Failure to Comply with Regulations, etc., 126. 19. Recovery of Fines, Penalties, and Forfeitures, 127. 20. Regulations, 127. 21. When Act Takes Effect Tax of Stock on Hand, 127. Act of May 9, 1902, ch. 784, Relative to Oleomargarine and Dairy Products, 127. Sec. 1. Imitation Dairy Products Subject to State Laws, 127. 2. (Amends Section 3 of the Act of Aug. 2, 1886, ch. 840), 128. Special Taxes, Adulterated and Renovated Butter Manufacturers-Wholesale Dealers-Retail Dealers Special Tax Laws Applicable - Penalties for Not Paying Tax - Regulations for Manufacturers - Bond- Packages and Marking of Adulterated Butter Sales Must Be from Original Packages Penalty Label of Manufacturer Form-Penalties - Tax on Manufacture of Adulterated or Renovated Butter - Stamps Oleomargarine Rules and Penalties Applied to Adulterated Butter, 128. - 5. Inspection Marking - Regulations by Secretary of Agriculture — Penalties, 130. 6. Inspection of Books - Penalty for Violation, 131. 7. When Act Takes Effect, 131. Act of June 6, 1896, ch. 337, Relative to Filled Cheese, 131. Sec. 1. "Cheese" Defined, 131. 2. "Filled Cheese" Defined, 131. 3. Special Taxes Wholesale Dealers 4. Penalties for Not Paying Tax, 132. Retail Dealers, 131. 5. Regulations for Manufacturers-Bond-Punishment, 132. -- Sec. 6. Packages, Marks, Stamps, and Brands — Retail Packages - Penalty, 132. 7. Dealers' Signs — Penalty, 133. 8. Label for Manufacturer- Form- Penalty, 133. 9. Tax One Cent a Pound on Manufacture - Stamps, 133. 10. Tax Assessed on Filled Cheese Sold Unstamped, 134. 11. Imported Filled Cheese to Pay Additional Tax, 134. 12. Penalty for Purchasing if Not Stamped, etc., 134. 13. Penalty for Purchasing from Manufacturer Not Having Paid Special Tax, 134. 14. Destroying Stamps - Penalty for Neglect, 134 15. Tests if Deleterious to Health - Appeals, 134. 16. Forfeiture to U. S. of Untaxed and Deleterious Filled Cheese, 134. 17. Recovery of Fines, 135. 18. Regulations, 135. 19. When Act Takes Effect, etc., 135. II. Inspection of Articles of Food and Drink, Medicines, etc., 135. Sec. 1. Salted Pork and Bacon for Export- -Inspection and Certification- 2. Importation of Adulterated Food, Liquor, etc., Prohibited - Punish- 3. Imported Adulterated Food or Drink, Forfeited; Proceedings Examination of Imports, 136. 4. President May Suspend Importation of Articles Believed to Be Adulterated, 136. 5. Discrimination by Foreign Countries Against United States Products Retaliation by President, 137. 6, 7, 8, 9, 10. (Relate to Importation of Animals, see ANIMALS, vol. 1, pp. 442-444), 137. Act of June 3, 1902, ch. 985, 137. III. Tea, 138. Inspection of Adulterated Food, Liquors, etc. Importations Inspection of Dairy Products Intended for Exportation - Duties of Act of March 2, 1897, ch. 358, 138. Sec. 1. Tea-Importation, Inferior to Standards, Prohibited, 138. 3. Standards to Be Fixed. Samples, 138. 4. Importer's Bond - Samples for Examiner or Collector, 139. 5. Permit, if Equal to Standard-Re-examination - Partial Permit, 139. 6. Re-examination by General Appraisers-Permit, if Equal to Standards - If Inferior, to Be Exported - Destroyed, if Not Exported, 140. 7. Examination by Qualified Examiner - Where No Examiner at Port of 10. Regulations, 141. II. Tea on Shipboard, 141. 12. Repeal, 141. IV. Labels or Brands as to State of Production, 141. Act of July 1, 1902, ch. 1357, 141. Sec. 1. Dairy and Food Products - False Labeling of Place of Origin Forbidden, 141. 2. Penalty for Violation - Jurisdiction, 141. V. Importation of Drugs, Medicines, etc. Examination, 142. R. S. 2611. Oath of Special Examiners of Drugs, 142. 2612. Instructions to Prevent Importation of Adulterated Drugs, 142. 2743. Special Examiners of Drugs, 142. Act of June 11, 1884, ch. 75, 142. Salary of Special Examiner of Drugs in Boston, Mass., 142. Salary of Special Examiner of Drugs at Philadelphia, 142. 2934. Name of Proprietor and Place of Preparation to Be Affixed to 2935. Return upon Examination, 143. 2936. Appeal from Examination, 143. 2937. Exportation of Rejected Articles, 143. VI. Opium, 144. Act of Feb. 23, 1887, ch. 210, 144. Sec. 1. Importation of Opium by Chinese Prohibited, 144. 2. Forfeiture, 144. 3. Citizens of United States Prohibited from Traffic in Opium in China- Punishment - Furisdiction- Forfeiture, 144. CROSS-REFERENCES. See generally AGRICULTURE; ANIMALS; CUSTOMS DUTIES; INTERNAL REVENUE. Tax on Mixed Flour, see INTERNAL REVENUE. Drawback on Exportation of Drugs, see CUSTOMS DUTIES, vol. 2, p. 731. Regulation of Sale of Viruses, Serums, Toxins, etc., see HEALTH AND QUARANTINE. Importation of Drugs to Prevent Conception or Procure Abortion, see IMPORTS AND EXPORTS. Regulation of Traffic in Certain Drugs, see HEALTH AND QUARANTINE. Food Fishes, see FISH AND FISHERIES. [I. DAIRY PRODUCTS OR IMITATIONS AND ADULTERATIONS THEREOF.] An act defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine. [Act of Aug. 2, 1886, ch. 840, 24 Stat. L. 209.] [SEC. 1.] [Definition of butter.] That for the purposes of this act the word "butter" shall be understood to mean the food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter. [24 Stat. L. 209.] Butter is also defined as above for the purpose of the Act of May 9, 1902, ch. 784, given infra, p. 127. SEC. 2. [Oleomargarine defined.] That for the purposes of this act certain manufactured substances, certain extracts, and certain mixtures and compounds, including such mixtures and compounds with butter, shall be known and designated as "oleomargarine ", namely: All substances heretofore known as oleomargarine, oleo, oleomargarine-oil, butterine, lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, oleomargarine-oil, butterine, lardine, suine, and neutral; all lard extracts and tallow extracts; and all mixtures and compounds of tallow, beef-fat, svet, lard, lard-oil, vegetable-oil annotto, and other coloring matter, intestinal fat, and offal fat made in imitation or semblance of butter, or when so made, calculated or intended to be sold as butter or for butter. [24 Stat. L. 209.] "Imitation or semblance of butter." - The various simple and compound substances mentioned in this section must be "made in imitation or semblance of butter, or when so made, calculated or intended to be sold as butter or for butter," before any of them can be regarded as taxable under this Act. (1886) 18 Op. Atty.-Gen. 489. SEC. 3. [Special taxes.] That special taxes are imposed as follows: Manufacturers of oleomargarine shall pay six hundred dollars. Every person who manufactures oleomargarine for sale shall be deemed a manufacturer of oleomargarine. And any person that sells, vends, or furnishes oleomargarine for the use and consumption of others, except to his own family table without compensation, who shall add to or mix with such oleomargarine any artificial. coloration that causes it to look like butter of any shade of yellow shall also be held to be a manufacturer of oleomargarine within the meaning of said Act, and subject to the provisions thereof. Wholesale dealers in oleomargarine shall pay four hundred and eighty dollars. Every person who sells or offers for sale oleomargarine in the original manufacturer's packages shall be deemed a wholesale dealer in oleomargarine. But any manufacturer of oleomargarine who has given the required bond and paid the required special tax, and who sells only oleomargarine of his own production, at the place of manufacture, in the original packages to which the taxpaid stamps are affixed, shall not be required to pay the special tax of a wholesale dealer in oleomargarine on account of such sales. Retail dealers in oleomargarine shall pay forty-eight dollars. Every person who sells oleomargarine in less quantities than ten pounds at one time shall be regarded as a retail dealer in oleomargarine. And sections thirty-two hundred and thirty-two, thirty-two hundred and thirty-three, thirty-two hundred and thirty-four, thirty-two hundred and thirtyfive, thirty-two hundred and thirty-six, thirty-two hundred and thirty-seven, thirty-two hundred and thirty-eight, thirty-two hundred and thirty-nine, thirtytwo hundred and forty, thirty-two hundred and forty-one, and thirty-two hundred and forty-three of the Revised Statutes of the United States are, so far as applicable, made to extend to and include and apply to the special taxes imposed by this section, and to the persons upon whom they are imposed: Provided, That in case any manufacturer of oleomargarine commences business subsequent to the thirtieth day of June in any year, the special tax shall be reckoned from the first day of July in that year, and shall be five hundred dollars. Provided further, That wholesale dealers who vend no other oleomargarine or butterine except that upon which a tax of one-fourth of one per cent per pound is imposed by this Act, as amended, shall pay two hundred dollars; and such retail dealers as vend no other oleomargarine or butterine except that upon which is imposed by this Act, as amended, a tax of one-fourth of one cent per pound shall pay six dollars. [24 Stat. L. 209.] the goods except to see that they should be paid for. The merchant acted thus merely as an accommodation, and he was to receive no profit therefrom. It was held that he was not subject to the special tax as being a dealer in oleomargarine under this section. Hartzell v. U. S., (1897) 83 Fed. Rep. 1002. Absence of unlawful intent. The fact that a retail dealer really believes that the oleomargarine which he has sold is butter and not oleomargarine does not exempt him from the tax as provided in this section. Eagle v. Nowlin, (1899) 94 Fed. Rep. 646. SEC. 4. [Penalty for carrying on business without paying tax.] That every person who carries on the business of a manufacturer of oleomargarine without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than one thousand and not more than five thousand dollars; and every person who carries on the business of a wholesale dealer in oleomargarine without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than five hundred nor more than two thousand dollars; and every person who carries on the business of a retail dealer in oleomargarine without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than fifty nor more than five hundred dollars for each and every offense. [24 Stat. L. 209.] No power entirely to exclude. Since 1872 or 1873, when oleomargarine was first made, it has been well known as an article of food, and has become a proper subject of commerce among the states and with foreign nations, being recognized as such by this act; and therefore it cannot be wholly excluded from importation into one state from another in which it was manufactured; for, although a state has power to regulate the introduction of any article, including a food product, so as to insure its purity, yet such police power does not include the total exclusion even of an article of food. The Act of Pennsylvania of May 21, 1885 (Laws of Pa., 1885, p. 22), the violation of which was made a misdemeanor, punishable by fine and imprisonment, was therefore held invalid, to the extent that it prohibits the introduction of oleomargarine from another state and its sale in the original package. Schollenberger v. Pennsylvania, (1898) 171 U. S. 1. See also Collins v. New Hampshire, (1898) 171 U. S. 30, holding that sections 19, 20, ch. 127, Pub. Stat. N. H. (1891), declaring it unlawful to sell, offer for sale, etc., oleomargarine as a substitute for butter, unless it is of a pink color, are invalid, being in their necessary effect prohibitory. The Minnesota Act of April 19, 1899, entitled "An act to prevent fraud in the sale of dairy products," etc., sec. 16, forbids the sale of oleomargarine, colored or otherwise, made to resemble butter. Oleomargarine, made in another state, was brought into Minnesota by the manufacturer's agent, offered for sale, and sold by him in the original package, having the revenue stamps and marks required under the above Act of Aug. 2, 1886, and composed of the materials mentioned in section 2 thereof. It was held that, oleomargarine being a lawful article of commerce, the Minnesota Act, so far as it applied to such sale. was unconstitutional. In re Brundage, (1899) 96 Fed. Rep. 963, following Schollenberger r. Pennsylvania, (1898) 171 U. S. 1; Collins r. New Hampshire, (1898) 171 U. S. 30. See also McAllister v. State, (1902) 94 Md. 291 [following Schollenberger v. Pennsylvania, (1898) 171 U. S. 1, and Fox v. State, (1899) 89 Md. 386], where the court said: "No state law can be held validly to prohibit the sale in original packages of oleomargarine colored yellow in imitation of yellow butter unless it is alleged and proved that the coloring matter is impure and injurious to health-for otherwise it would follow that a pure article of commerce manufactured in another state could be excluded from sale in this state even in original packages." The Ohio Act of March 7, 1890, entitled "An act to prevent deception in the sale of dairy products, and to preserve the public health," which prohibits the manufacture or sale of oleomargarine unless it be manufactured and sold in separate and distinct form, and in such manner as will at once advise the consumer of its real character, free from any coloring matter or other ingredients which would cause it to look like butter, etc., was held to be unconstitutional as interfering with interstate commerce in prevention of the sale of oleomargarine when brought from another state and sold in the original packages. In re Worthen, (1891) 58 Fed. Rep. 467. But see Plumley v. Massachusetts, (1894) 155 U. S. 461, in which it was held that where a state lawfully prohibits the manufacture or sale of oleomargarine, or lawfully lays down regulations as to the manufacture of or traffic therein, there was no authority under this Act to manufacture or sell oleomargarine within the limits of the state, the Act not regulating interstate commerce, and, therefore, the Mass. Act of March 10, 1891 (Mass. Stat., 1891, ch. 58, p. 695), entitled "An act to prevent deception in the manufacture and sale of imitation butter," prohibiting the manufacture, sale, etc., of oleomargarine artificially colored in imitation of yellow butter, was not unconstitutional or invalid. Importation and sale in original packages. - The sale of a ten-pound package of oleomargarine, manufactured, packed, marked, imported, and sold under the circumstances set forth in detail in the specific verdict herein, was held to be a valid sale, although to a person who was himself a consumer; it not being decided, however, whether this right of sale extended beyond the first sale by the importer after its arrival within the state; the importer, however, having the right to sell not only personally, but by agent, and his right not depending upon the question whether the original package was suitable for retail trade or not. Schollenberger v. Pennsylvania, (1898) 171 U. S. 1. Power of state where original package broken. - The Federal Constitution does not |