by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both, at the discretion of the court. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. [34 Stat. L. 262.] SEC. 6. ["Article of merchandise" defined.] That the expression "article of merchandise" as used in this Act shall signify any goods, wares, works of art, commodity, or other thing which may be lawfully kept or offered for sale. [34 Stat. L. 262.] SEC. 7. [Original packages not exempt from state, etc., laws.] That all articles of merchandise to which this Act applies which shall have been transported into any State, Territory, District, or possession of the United States, and shall remain therein for use, sale, or storage, shall, upon arrival in such State, Territory, District, or possession, be subject to the operation of all the laws of such State, Territory, District, or possession of the United States to the same extent and in the same manner as though such articles of merchandise had been produced in such State, Territory, District, or possession, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. [34 Stat. L. 262.] SEC. 8. [Effect.] That this Act shall take effect one year after the date of its passage. [34 Stat. L. 262.] FELONIES. See PENAL LAWS. FISH AND FISHERIES. Act of Jan. 29, 1909, Ch. 51. Fish-culture Stations to Be Established on Puget Sound, Wash. CROSS-REFERENCES. Fish in Alaska, see ALASKA. An Act To establish two or more fish-cultural stations on Puget Sound. [Act of Jan. 29, 1909, ch. 51, 35 Stat. L. 589.] [Fish-culture stations to be established on Puget Sound, Wash.] That the Secretary of Commerce and Labor be, and he is hereby, authorized and directed to establish two or more fish-cultural stations on Puget Sound, or its tributaries in the State of Washington, for the propagation of salmon and other food fishes, and to make the necessary surveys, and purchase sites, construct ponds and buildings, construct, purchase, and hire boats and equipments, and employ such assistance as may be required for the construction and operation of such fishcultural stations at suitable points to be selected by the Secretary of Commerce and Labor, and the number of such stations to be determined by him, and for said purpose the sum of fifty thousand dollars is hereby authorized to be appropriated. [35 Stat. L. 589.] 135 FOOD AND DRUGS. Act of June 30, 1906, Ch. 3915, 137. Sec. 1. Pure Food Act - Manufacture of Adulterated, etc., Food or Drugs Penalty, 137. 2. Interstate, etc., Commerce of Adulterated or Misbranded Goods Prohibited Penalty Articles for Export - Domestic Consumption, 137. 3. Rules and Regulations to Be Made - Scope, 137. 4. Chemical Examinations Notice of Result Violations to District Attorney, 138. 5. Legal Proceedings, 138. "Drugs" "Food," 138. Hearings - Certificate of 7. Adulterations Defined - Drugs - Difference from Recognized Standards Exception - Below Professed Standard - Confectionery - Deleteri- ous Ingredients, Narcotics, etc. - Food - Injurious Mixtures 8. Misbranding Defined - Drugs False Name - False Contents - Fail- 9. Guaranty from Manufacturer - Contents, 141. 10. Seizure of Original Packages in Interstate and Foreign Commerce Disposal, if Condemned - Delivery to Owner if Not to Be Sold, etc. Proceedings, 141. 11. Examination of Imported Foods and Drugs - Admission Denied Adul- 12. Insular Possessions Included - "Person" Defined - Liability of Corpo- Act of June 30, 1906, Ch. 8913, 143. Sec. 1. Adulteration of Foods, etc. - Food Preservatives, etc. - Hearings Inspection Before Shipment - Standards of Purity - Dairy Products Wheat and Other Cereals - Sugar and Starch Producing Plants Inspection of Imported Packages - Unwholesome, etc., Goods Not to Be Delivered, 143. Act of March 4, 1907, Ch. 2907, 144. Sec. 1. Inspection of Dairy Products for Export - Animal Diseases in Minne sota, 144. Act of May 16, 1908, Ch. 170, 144. Tea - Importation of Impure, etc., Prohibited - Tea Used in Manufacture of Caffeine, 144. CROSS-REFERENCES. Meat and Packing-house Inspection, see ANIMALS. Opium, Prohibition of Importation, see IMPORTS AND EXPORTS. An Act For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regu'ating traffic therein, and for other purposes. [Act of June 30, 1906, ch. 3915, 34 Stat. L. 768.] [SEC. 1.] [Pure food act - manufacture of adulterated, etc., food or drugs penalty.] That it shall be unlawful for any person to manufacture within any Territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court. [34 Stat. L. 768.] SEC. 2. [Interstate, etc., commerce of adulterated or misbranded goods prohibited - penalty - articles for export - domestic consumption.] That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulterated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act. [34 Stat. L. 768.] Effect on power of state to seize misbranded liquors. - By this Act misbranded and adulterated intoxicating liquors are forbidden transportation into any state from another state or foreign country, and hence are removed from the protection of the "commerce clause" of the Federal Constitution. Such liquors, brought into the state in violation of the Act, become subject to the police power of the state immediately upon arrival within its territory, and may be seized under such power before delivery to a consignee. State v. Intoxicating Liquors, (Me.) 71 Atl. 758. SEC. 3. [Rules and regulations to be made - scope. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. [34 Stat. L. 768.] SEC. 4. [Chemical examinations—notice of result-hearings certificate of violations to district attorney.] That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. [34 Stat. L. 769.] See infra, notes to sec. 10. SEC. 5. [Legal proceedings.] That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. [34 Stat. L. 769.] SEC. 6. [Terms defined" drugs"-" food."] That the term "drug," as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound. [34 Stat. L. 769.] SEC. 7. [Adulterations defined drugs - difference from recognized standards-exception below professed standard confectionery — deleterious ingredients, narcotics, etc. -food injurious mixtures-substitutes |