Methoxy-acetanilid, Methylacetanilid, Para-Iodoacetanilid, and
Phenacetin.
_Preparations containing acetanilid or derivatives_--
Analgesics, Antineuralgics, Antirheumatics, Cachets, Capsules, Cold
remedies, Elixirs, Granular effervescing salts, Headache powders,
Mixtures, Pain remedies, Pills, and Tablets.
REGULATION 29. STATEMENT OF WEIGHT OR MEASURE.
(Section 8. Third under “Foods.”)
(_a_) A statement of the weight or measure of the food contained in a
package is not required. If any such statement is printed, it shall
be a plain and correct statement of the average net weight or volume,
either on or immediately above or below the principal label, and of the
size of letters specified in Regulation 17.
(_b_) A reasonable variation from the stated weight for individual
packages is permissible, provided this variation is as often above as
below the weight or volume stated. This variation shall be determined
by the inspector from the changes in the humidity of the atmosphere,
from the exposure of the package to evaporation or to absorption of
water, and the reasonable variations which attend the filling and
weighing or measuring of a package.
REGULATION 30. METHOD OF STATING QUANTITY OR PROPORTION.
(Section 8.)
In the case of alcohol the expression “quantity” or “proportion” shall
mean the average percentage by volume in the finished product. In the
case of the other ingredients required to be named upon the label, the
expression “quantity” or “proportion” shall mean grains or minims per
ounce or fluid ounce, and also, if desired, the metric equivalents
therefor, or milligrams per gram or per cubic centimeter, or grams
or cubic centimeters per kilogram or per liter; provided that these
articles shall not be deemed misbranded if the maximum of quantity or
proportion be stated, as required in Regulation 28 (_d_).
EXPORTS AND IMPORTS OF FOODS AND DRUGS.
REGULATION 31. PREPARATION OF FOOD PRODUCTS FOR EXPORT.
(Section 2.)
(_a_) Food products intended for export may contain added substances
not permitted in foods intended for interstate commerce, when the
addition of such substances does not conflict with the laws of the
countries to which the food products are to be exported and when such
substances are added in accordance with the directions of the foreign
purchaser or his agent.
(_b_) The exporter is not required to furnish evidence that goods have
been prepared or packed in compliance with the laws of the foreign
country to which said goods are intended to be shipped, but such
shipment is made at his own risk.
(_c_) Food products for export under this regulation shall be kept
separate and labeled to indicate that they are for export.
(_d_) If the products are not exported they shall not be allowed to
enter interstate commerce.
REGULATION 32. IMPORTED FOOD AND DRUG PRODUCTS.
(Section 11.)
(_a_) Meat and meat food products imported into the United States shall
be accompanied by a certificate of official inspection of a character
to satisfy the Secretary of Agriculture that they are not dangerous
to health, and each package of such articles shall bear a label which
shall identify it as covered by the certificate, which certificate
shall accompany or be attached to the invoice on which entry is made.
(_b_) The certificate shall set forth the official position of the
inspector and the character of the inspection.
(_c_) Meat and meat food products as well as all other food and drug
products of a kind forbidden entry into or forbidden to be sold, or
restricted in sale in the country in which made or from which exported,
will be refused admission.
(_d_) Meat and meat food products which have been inspected and passed
through the customs may, if identity is retained, be transported in
interstate commerce.
REGULATION 33. DECLARATION.
(Section 11.)
(_a_) All invoices of food or drug products shipped to the United
States shall have attached to them a declaration of the shipper, made
before a United States consular officer, as follows:
I, the undersigned, do solemnly and truly declare that I am the ......
(Manufacturer,
............. of the merchandise herein mentioned and described, and
agent, or shipper.)
that it consists of food or drug products which contain no added
substances injurious to health.
These products were grown in ........ and manufactured in ........ by
(Country.) (Country.)
.............. during the year ......, and are exported from ..... and
(Name of manufacturer.) (City.)
consigned to ..... The products bear no false labels or marks, contain
(City.)
no/some added coloring matter or preservative ........., and are not
(Name of added color or preservative.)
of a character to cause prohibition or restriction in the country
where made or from which exported.
Dated at .... this .... day of ...., 19.. .
(Signed): .... .... ....
(_b_) In the case of importations to be entered at New York, Boston,
Philadelphia, Chicago, San Francisco, and New Orleans, and other ports
where food and drug inspection laboratories shall be established, this
declaration shall be attached to the invoice on which entry is made.
In other cases the declaration shall be attached to the copy of the
invoice sent to the Bureau of Chemistry.
REGULATION 34. DENATURING.
(Section 11.)
Unless otherwise declared on the invoice or entry, all substances
ordinarily used as food products will be treated as such. Shipments
of substances ordinarily used as food products intended for technical
purposes must be accompanied by a declaration stating that fact, and
must be so denatured as to prevent their use as foods.
REGULATION 35. BOND, IMPORTED FOODS, AND DRUGS.
(Section 11.)
Unexamined packages of food and drug products may be delivered to the
consignee prior to the completion of the examination to determine
whether the same are adulterated or misbranded upon the execution of
a penal bond by the consignee in the sum of the invoice value of such
goods with the duty added, for the return of the goods to customs
custody.
REGULATION 36. NOTIFICATION OF VIOLATION OF THE LAW.
(Section 11.)
If the sample on analysis or examination be found not to comply with
the law, the importer shall be notified of the nature of the violation,
the time and place at which final action will be taken upon the
question of the exclusion of the shipment, and that he may be present,
and submit evidence, which evidence (Form 15), with a sample of the
article, shall be forwarded to the Bureau of Chemistry at Washington,
accompanied by report card (Forms 16, 17, 18, 19, and 20).
REGULATION 37. APPEAL TO THE SECRETARY OF AGRICULTURE AND REMUNERATION.
(Section 11.)
All applications for relief from decisions arising under the execution
of the law should be addressed to the Secretary of Agriculture, and all
vouchers or accounts for remuneration for samples shall be filed with
the chief of the inspection laboratory, who shall forward the same,
with his recommendation, to the Department of Agriculture for action.
REGULATION 38. SHIPMENT BEYOND THE JURISDICTION OF THE UNITED STATES.
(Section 11.)
The time allowed the importer for representations regarding the
shipment may be extended at his request to permit him to secure such
evidence as he desires, provided that this extension of time does
not entail any expense to the Department of Agriculture. If at the
expiration of this time, in view of the data secured in inspecting
the sample and such evidence as may have been submitted by the
manufacturers or importers, it appears that the shipment can not be
legally imported into the United States, the Secretary of Agriculture
shall request the Secretary of the Treasury to refuse to deliver the
shipment in question to the consignee, and to require its reshipment
beyond the jurisdiction of the United States.
REGULATION 39. APPLICATION OF REGULATIONS.
These regulations shall not apply to domestic meat and meat food
products which are prepared, transported, or sold in interstate or
foreign commerce under the meat-inspection law and the regulations of
the Secretary of Agriculture made thereunder.
REGULATION 40. ALTERATION AND AMENDMENT OF REGULATIONS.
These regulations may be altered or amended at any time, without
previous notice, with the concurrence of the Secretary of the Treasury,
the Secretary of Agriculture, and the Secretary of Commerce and Labor.
The above rules and regulations are hereby adopted.
LESLIE M. SHAW,
_Secretary of the Treasury_.
JAMES WILSON,
_Secretary of Agriculture_.
VICTOR H. METCALF,
_Secretary of Commerce and Labor_.
WASHINGTON, D. C., _October 17, 1906_.
THE FOOD AND DRUGS ACT, JUNE 30, 1906.
AN ACT For preventing the manufacture, sale, or transportation of
adulterated or misbranded or poisonous or deleterious foods, drugs,
medicines, and liquors, and for regulating traffic therein, and for
other purposes.
_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, 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.
SEC. 2. 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, 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 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.
SEC. 3. 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.
SEC. 4. 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.
SEC. 5. 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.
SEC. 6. That the term “drug,” as used in this Art, shall include all
medicines and preparations recognized in the United States Pharmacopœia
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.
SEC. 7. That for the purposes of this Act an article shall be deemed to
be adulterated:
In case of drugs:
First. If, when a drug is sold under or by a name recognized in the
United States Pharmacopœia or National Formulary, it differs from the
standard of strength, quality, or purity, as determined by the test
laid down in the United States Pharmacopœia or National Formulary
official at the time of investigation: _Provided_, That no drug defined
in the United States Pharmacopœia or National Formulary shall be deemed
to be adulterated under this provision if the standard of strength,
quality, or purity be plainly stated upon the bottle, box, or other
container thereof although the standard may differ from that determined
by the test laid down in the United States Pharmacopœia and National
Formulary.
Second. If its strength or purity fall below the professed standard or
quality under which it is sold.
In the case of confectionery:
If it contain terra alba, barytes, talc, chrome yellow, or other
mineral substance or poisonous color or flavor, or other ingredient
deleterious or detrimental to health, or any vinous, malt, or
spirituous liquor or compound or narcotic drug.
In the case of food:
First. If any substance has been mixed and packed with it so as to
reduce or lower or injuriously affect its quality or strength.
Second. If any substance has been substituted wholly or in part for the
article.
Third. If any valuable constituent of the article has been wholly or in
part abstracted.
Fourth. If it be mixed, colored, powdered, coated, or stained in a
manner whereby damage or inferiority is concealed.
Fifth. If it contain any added poisonous or other added deleterious
ingredient which may render such article injurious to health:
_Provided_, That when in the preparation of food products for shipment
they are preserved by any external application applied in such manner
that the preservative is necessarily removed mechanically, or by
maceration in water, or otherwise, and directions for the removal of
said preservative shall be printed on the covering or the package, the
provisions of this Act shall be construed as applying only when said
products are ready for consumption.
Sixth. If it consists in whole or in part of a filthy, decomposed, or
putrid animal or vegetable substance, or any portion of an animal unfit
for food, whether manufactured or not, or if it is the product of a
diseased animal, or one that has died otherwise than by slaughter.
SEC. 8. That the term “misbranded,” as used herein, shall apply
to all drugs, or articles of food, or articles which enter into
the composition of food, the package or label of which shall bear
any statement, design, or device regarding such article, or the
ingredients or substances contained therein which shall be false or
misleading in any particular, and to any food or drug product which is
falsely branded as to the State, Territory, or country in which it is
manufactured or produced.
That for the purposes of this Act an article shall also be deemed to be
misbranded:
In case of drugs:
First. If it be an imitation of or offered for sale under the name of
another article.
Second. If the contents of the package as originally put up shall have
been removed, in whole or in part, and other contents shall have been
placed in such package, or if the package fail to bear a statement on
the label of the quantity or proportion of any alcohol, morphin, opium,
cocain, heroin, alpha or beta eucain, chloroform, cannabis indica,
chloral hydrate, or acetanilid, or any derivative or preparation of any
such substances contained therein.
In the case of food:
First. If it be an imitation of or offered for sale under the
distinctive name of another article.
Second. If it be labeled or branded so as to deceive or mislead the
purchaser, or purport to be a foreign product when not so, or if the
contents of the package as originally put up shall have been removed
in whole or in part and other contents shall have been placed in such
package, or if it fail to bear a statement on the label of the quantity
or proportion of any morphin, opium, cocain, heroin, alpha or beta
eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or
any derivative or preparation of any such substances contained therein.
Third. If in package form, and the contents are stated in terms of
weight or measure, they are not plainly and correctly stated on the
outside of the package.
Fourth. If the package containing it or its label shall bear any
statement, design, or device regarding the ingredients or the
substances contained therein, which statement, design, or device shall
be false or misleading in any particular: _Provided_, That an article
of food which does not contain any added poisonous or deleterious
ingredients shall not be deemed to be adulterated or misbranded in the
following cases:
First. In the case of mixtures or compounds which may be now or from
time to time hereafter known as articles of food, under their own
distinctive names, and not an imitation of or offered for sale under
the distinctive name of another article, if the name be accompanied
on the same label or brand with a statement of the place where said
article has been manufactured or produced.
Second. In the case of articles labeled, branded, or tagged so as to
plainly indicate that they are compounds, imitations, or blends, and
the word “compound,” “imitation,” or “blend,” as the case may be,
is plainly stated on the package in which it is offered for sale:
_Provided_, That the term blend as used herein shall be construed to
mean a mixture of like substances, not including harmless coloring or
flavoring ingredients used for the purpose of coloring and flavoring
only: _And provided further_, That nothing in this Act shall be
construed as requiring or compelling proprietors or manufacturers of
proprietary foods which contain no unwholesome added ingredient to
disclose their trade formulas, except in so far as the provisions of
this Act may require to secure freedom from adulteration or misbranding.
SEC. 9. That no dealer shall be prosecuted under the provisions of this
Act when he can establish a guaranty signed by the wholesaler, jobber,
manufacturer, or other party residing in the United States, from
whom he purchases such articles, to the effect that the same is not
adulterated or misbranded within the meaning of this act, designating
it. Said guaranty, to afford protection, shall contain the name and
address of the party or parties making the sale of such articles to
such dealer, and in such case said party or parties shall be amenable
to the prosecutions, fines, and other penalties which would attach, in
due course, to the dealer under the provisions of this Act.
SEC. 10. That any article of food, drug, or liquor that is adulterated
or misbranded within the meaning of this Act, and is being transported
from one State, Territory, District, or insular possession to another
for sale, or, having been transported, remains unloaded, unsold, or in
original unbroken packages, or if it be sold or offered for sale in the
District of Columbia or the Territories, or insular possessions of the
United States, or if it be imported from a foreign country for sale, or
if it is intended for export to a foreign country, shall be liable to
be proceeded against in any district court of the United States within
the district where the same is found, and seized for confiscation by
a process of libel for condemnation. And if such article is condemned
as being adulterated or misbranded, or of a poisonous or deleterious
character, within the meaning of this Act, the same shall be disposed
of by destruction or sale, as the said court may direct, and the
proceeds thereof, if sold, less the legal costs and charges, shall
be paid into the Treasury of the United States, but such goods shall
not be sold in any jurisdiction contrary to the provisions of this
Act or the laws of that jurisdiction: _Provided, however_, That upon
the payment of the costs of such libel proceedings and the execution
and delivery of a good and sufficient bond to the effect that such
articles shall not be sold or otherwise disposed of contrary to the
provisions of this Act, or the laws of any State, Territory, District,
or insular possession, the court may by order direct that such articles
be delivered to the owner thereof. The proceedings of such libel cases
shall conform, as near as may be, to the proceedings in admiralty,
except that either party may demand trial by jury of any issue of fact
joined in any such case, and all such proceedings shall be at the suit
of and in the name of the United States.
SEC. 11. The Secretary of the Treasury shall deliver to the Secretary
of Agriculture, upon his request from time to time, samples of foods
and drugs which are being imported into the United States or offered
for import, giving notice thereof to the owner or consignee, who may
appear before the Secretary of Agriculture, and have the right to
introduce testimony, and if it appear from the examination of such
samples that any article of food or drug offered to be imported into
the United States is adulterated or misbranded within the meaning of
this Act, or is otherwise dangerous to the health of the people of the
United States, or is of a kind forbidden entry into, or forbidden to be
sold or restricted in sale in the country in which it is made or from
which it is exported, or is otherwise falsely labeled in any respect,
the said article shall be refused admission, and the Secretary of the
Treasury shall refuse delivery to the consignee and shall cause the
destruction of any goods refused delivery which shall not be exported
by the consignee within three months from the date of notice of such
refusal under such regulations as the Secretary of the Treasury may
prescribe: _Provided_, That the Secretary of the Treasury may deliver
to the consignee such goods pending examination and decision in the
matter on execution of a penal bond for the amount of the full invoice
value of such goods, together with such duty thereon, and on refusal
to return such goods for any cause to the custody of the Secretary of
the Treasury, when demanded, for the purpose of excluding them from
the country, or for any other purpose, said consignee shall forfeit
the full amount of the bond: _And provided further_, That all charges
for storage, cartage, and labor on goods which are refused admission
or delivery shall be paid by the owner or consignee, and in default of
such payment shall constitute a lien against any future importation
made by such owner or consignee.
SEC. 12. That the term “Territory” as used in this Act shall include
the insular possessions of the United States. The word “person” as
used in this Act shall be construed to import both the plural and
the singular, as the case demands, and shall include corporations,
companies, societies, and associations. When construing and enforcing
the provisions of this Act, the act, omission, or failure of any
officer, agent, or other person acting for or employed by any
corporation, company, society, or association, within the scope of his
employment or office, shall in every case be also deemed to be the
act, omission, or failure of such corporation, company, society, or
association as well as that of the person.
SEC. 13. That this Act shall be in force and effect from and after the
first day of January, nineteen hundred and seven.
Approved, June 30, 1906.
APPENDIX C.
[B. A. I. ORDER NO. 137.]
REGULATIONS GOVERNING THE MEAT INSPECTION OF THE UNITED STATES
DEPARTMENT OF AGRICULTURE.
SCOPE OF INSPECTION.
REGULATION 1.
All slaughtering, packing, meat-canning, salting, rendering, or
similar establishments whose meats or meat food products, in whole
or in part, enter into interstate or foreign commerce shall have
inspection under these regulations unless exempted from inspection by
the Secretary of Agriculture. Only farmers, and retail butchers or
retail dealers supplying their customers, may be exempted under the
law, but they are, nevertheless, subject to the provision of the law
which places a penalty upon any person who shall sell or offer for sale
or transportation, for interstate or foreign commerce, any meat or meat
food products which are diseased, unsound, unhealthful, unwholesome, or
otherwise unfit for human food, knowing that such meat food products
are intended for human consumption.
All carcasses and parts of carcasses of cattle, sheep, swine, and
goats, and all meats and meat food products thereof entering into
interstate or foreign commerce shall show either that they have been
inspected and passed or that they have been exempted from inspection
under these regulations. All meats and meat food products on hand
October 1, 1906, at establishments where inspection has not been
previously maintained, or which have been inspected under previously
existing law and regulations, shall be examined and labeled under these
regulations before being allowed to enter into interstate or foreign
commerce.
APPLICATION FOR INSPECTION OR EXEMPTION.
REGULATION 2.
The proprietor or operator of each slaughtering, packing, meat-canning,
rendering, or similar establishment engaged in the slaughtering of
cattle, sheep, swine, or goats, or in the packing, canning, or other
preparation of any food product into which the meats or meat food
products of said animals enter in whole or in part, for interstate
or foreign commerce, shall make application to the Secretary of
Agriculture for inspection or for exemption from inspection. The said
application shall be made in writing, addressed to the Secretary of
Agriculture, Washington, D. C., and shall state the location of the
establishment, the address of the owner or of a duly authorized officer
or agent of the same, the kinds of animals slaughtered, the estimated
number of animals of any species slaughtered per day and per week, or
the estimated amount of meats or meat food products received from other
establishments, and the character, quantity, and proposed disposition
of the products of said establishment. Blank application forms will be
furnished by the Chief of the Bureau of Animal Industry upon request.
If an establishment is not in a sanitary condition, inspection shall
not be established.
EXEMPTION FROM INSPECTION.
(_a_) If, in the judgment of the Secretary of Agriculture, the retail
butcher or retail dealer who is engaged in supplying his customers
through the medium of interstate or foreign commerce should be exempted
from Federal inspection, a certificate of exemption will be furnished
to the applicant for use with transportation companies and other
companies and persons in securing the movement of his products.
OFFICIAL NUMBER.
REGULATION 3.
If inspection is established under said application the Secretary
of Agriculture will give said establishment a number by which all
its meats and meat food products shall thereafter be known, and
this number shall be used by the inspectors of the Department of
Agriculture, and also by the proprietors of said establishment, to mark
the meats and meat food products of the establishment as hereinafter
prescribed. Establishments having one or more branches may use the
same number for all by affixing a serial letter in connection with the
number to differentiate the products of the different branches. Each
establishment at which inspection is maintained must be separate and
apart from any other establishment engaged in similar business at which
inspection is not maintained.
(_a_) Retail butchers and dealers who have been exempted from
inspection under these regulations will be given numbers by which their
products will be known.
DESIGNATION OF INSPECTORS.
REGULATION 4.
The Secretary of Agriculture will designate an inspector to take charge
of the inspection at each establishment where inspection is maintained,
and will detail to said inspector such assistants as may be necessary
to carry on properly the work of inspection and supervision at said
establishment. For the purpose of enforcing the law and regulations the
inspector and all employees under his direction shall have access at
all times, by day or night, whether the establishment be operated or
not, to every part of said establishment.
OFFICE ROOM.
REGULATION 5.
Office room, including light and heat, shall be provided by proprietors
of establishments, rent free, for the exclusive use of the inspector
and other employees of the Department on duty at each establishment.
The room or rooms set apart for this purpose must be properly
ventilated, conveniently located, and provided with lockers suitable
for the protection and storage of such supplies as may be required; all
to meet the approval of the inspector in charge.
ALL CARCASSES AND PRODUCTS INSPECTED.
REGULATION 6.
All cattle, sheep, swine, or goats slaughtered at an establishment at
which inspection is maintained, and all meats and meat food products
prepared therein shall be inspected, handled, and prepared as required
by these regulations.
NOTICE OF DAILY OPERATIONS.
REGULATION 7.
The manager of each establishment at which inspection is maintained
shall inform the inspector in charge, or his assistant, when work has
been concluded for the day, and of the day and hour when work will be
resumed. Under no circumstances shall an establishment be operated
except under the supervision of an employee of the Department. All
slaughtering must be done within reasonable hours and with reasonable
speed, the character of the establishment being considered. Where
one inspector is detailed to conduct the work at two or more small
establishments where few animals are slaughtered, the inspector
in charge may designate the hours for slaughter. No work shall be
performed at establishments where inspection is maintained during
any day on which such work is prohibited by the law of the State or
Territory in which the establishment is located.
BADGES.
REGULATION 8.
Each employee of the Department engaged in inspection under these
regulations will be furnished with a numbered badge, which he
shall wear over the left breast on the outer clothing while in the
performance of his official duties, and which shall not be allowed to
leave his possession.
BRIBERY.
REGULATION 9.
It is a felony, punishable by fine and imprisonment, for any person,
firm, or corporation, or any agent or employee of any person, firm,
or corporation, to give, pay, or offer, directly or indirectly, to
any Department employee authorized to perform any duty under these
regulations, any money or other thing of value with intent to influence
said employee in the discharge of his duty under these regulations.
It is also a felony, punishable by fine and imprisonment, for any
Department employee engaged in the performance of duty under these
regulations to receive or accept from any person, firm, or corporation
engaged in interstate or foreign commerce any gift, money, or other
thing of value given with any purpose or intent whatsoever.
SANITATION.
REGULATION 10.
Upon receipt of an application for inspection the Secretary of
Agriculture will cause to be made an examination of the premises,
and will indicate the requirements for sanitation and the necessary
facilities for inspection.
REGULATION 11.
In order that the carcasses of cattle, sheep, swine, and goats,
and the meats and meat food products thereof, may be admitted to
interstate or foreign commerce, it is necessary under the law that the
establishments in which the animals are slaughtered, or the meats and
meat food products are prepared, cured, packed, stored, or handled,
shall be suitably lighted and ventilated and maintained in a sanitary
condition. All work in such establishments shall be performed in a
cleanly and sanitary manner.
(_a_) Ceilings, side walls, pillars, partitions, etc., shall be
frequently whitewashed or painted, or, where this is impracticable,
they shall, when necessary, be washed, scraped, or otherwise rendered
sanitary. Where floors or other parts of a building, or tables or other
parts of the equipment, are so old or in such condition that they
cannot be readily made sanitary, they shall be removed and replaced by
suitable materials or otherwise put in a condition acceptable to the
inspector in charge. All floors upon which meats are piled during the
process of curing shall be so constructed that they can be kept in a
clean and sanitary condition, and such meats shall also be kept clean.
(_b_) All trucks, trays, and other receptacles, all chutes, platforms,
racks, tables, etc., and all knives, saws, cleavers, and other tools,
and all utensils and machinery used in moving, handling, cutting,
chopping, mixing, canning, or other process, shall be thoroughly
cleansed daily, if used.
(_c_) The aprons, smocks, or other outer clothing of employees who
handle meat in contact with such clothing shall be of a material that
is readily cleansed and made sanitary and shall be cleansed daily,
if used. Employees who handle meats or meat food products shall be
required to keep their hands clean.
(_d_) All toilet rooms, urinals, and dressing rooms shall be entirely
separated from compartments in which carcasses are dressed or
meats or meat food products are cured, stored, packed, handled, or
prepared. They shall be sufficient in number, ample in size, and
fitted with modern lavatory accommodations, including toilet paper,
soap, running water, towels, etc. They shall be properly lighted,
suitably ventilated, and kept in a sanitary condition. Managers of
establishments must see that employees keep themselves clean.
(_e_) The rooms or compartments in which meats or meat food products
are prepared, cured, stored, packed, or otherwise handled shall
be lighted and ventilated in a manner acceptable to the inspector
in charge and shall be so located that odors from toilet rooms,
catch-basins, casing departments, tank rooms, hide cellars, etc., do
not permeate them. All rooms or compartments shall be provided with
cuspidors, which employees who expectorate shall be required to use.
(_f_) Persons affected with tuberculosis or any other communicable
disease shall not be knowingly employed in any of the departments of
establishments where carcasses are dressed, meats handled, or meat food
products prepared, and any employee suspected of being so affected
shall be so reported by the inspector in charge to the manager of the
establishment and to the Chief of the Bureau of Animal Industry.
(_g_) The fattening of hogs or other animals on the refuse of
slaughterhouses will not be permitted on the premises of an
establishment where inspection is maintained, and no use incompatible
with proper sanitation shall be made of any part of the premises on
which such establishment is located. All yards, fences, pens, chutes,
alleys, etc., belonging to the premises of such establishment shall,
whether they are used or not, be maintained in a sanitary condition.
(_h_) Butchers who dress diseased carcasses shall cleanse their hands
of all grease and then immerse them in a prescribed disinfectant and
rinse them in clear water before engaging again in dressing or handling
healthy carcasses. All butchers’ implements used in dressing diseased
carcasses shall be cleansed of all grease and then sterilized, either
in boiling water or by immersion in a prescribed disinfectant, and
rinsed in clear water before being again used in dressing healthy
carcasses.
Facilities for such cleansing and disinfection, approved by the
inspector in charge, shall be provided by the establishment. Separate
trucks, etc., shall be furnished for handling diseased carcasses and
parts. Following the slaughter of an animal affected with an infectious
disease a stop shall be made until the implements have been cleansed
and disinfected unless duplicate implements are provided.
(_i_) Inspectors are required to furnish their own knives for use in
dissecting or incising diseased carcasses or parts, and are required
to use the same means for disinfecting knives, hands, etc., that are
prescribed for employees of the establishment.
(_j_) Meats and meat food products intended for rendering into edible
products must be prevented from falling on the floor, while being
emptied into the tanks, by the use of some device, such as a metal
funnel.
(_k_) Plans of new plants and of plants to be remodeled should be
submitted to the Secretary of Agriculture.
(_l_) Carcasses or parts of carcasses inflated with air blown from the
mouth shall not be marked “U. S. Inspected and Passed.”
(_m_) Carcasses dressed with skewers that have been held in the mouth
shall not be marked “U. S. Inspected and Passed.”
INTERPRETATION AND DEFINITIONS OF WORDS AND TERMS.
REGULATION 12.
Wherever in these regulations the following words, names, or terms are
used they shall be construed as follows:
_Inspectors and Department Employees._--These terms shall mean,
respectively, inspectors and employees of the Bureau of Animal Industry.
“_U. S. Inspected and Passed._”--This phrase shall mean that the
carcasses, parts of carcasses, meats, and meat food products so marked
are sound, healthful, wholesome, and contain no dyes, chemicals,
preservatives, or ingredients which render meats or meat food products
unsound, unhealthful, unwholesome, unclean, or unfit for human food.
_Rendered into Lard or Tallow._--This phrase shall mean that the
carcasses, parts of carcasses, meats, and meat food products so
designated have been passed for the preparation of lard or tallow only.
“_U. S. Inspected and Condemned._”--This phrase shall mean that the
carcasses, parts of carcasses, and meat food products so marked are
unfit for food and shall be destroyed for food purposes.
_Carcass._--This word shall mean an animal that has been killed under
these regulations, including all parts which are to be used for food.
_Primal Parts of Carcass._--This phrase shall mean the usual sections
or cuts of the dressed carcass commonly known in the trade, such as
sides, quarters, shoulders, hams, backs, bellies, etc., and entire
edible organs, such as tongues, livers, etc., before they have been
cut, shredded, or otherwise subdivided preliminary to use in the
manufacture of meat food products.
_Meat Food Products._--This term shall mean any product used for food
into the composition of which any portion of the carcass enters, or in
the preparation of which any portion of the carcass is used, including
lard, mince-meat, extracts, gelatin, oleomargarine, butterine, soups,
etc.
_Vinegar._--The word vinegar, as used herein, shall mean cider vinegar,
wine vinegar, malt vinegar, sugar vinegar, glucose vinegar, or spirit
vinegar, as defined by the Committee on Food Standards in Circular No.
10, Secretary’s Office, United States Department of Agriculture.
ANTE-MORTEM EXAMINATION AND INSPECTION.
REGULATION 13.
An ante-mortem examination and inspection shall be made of all cattle,
sheep, swine, and goats about to be slaughtered before they shall be
allowed to enter an establishment at which inspection is maintained.
Said examination and inspection shall be made in the pens, alleys,
or chutes of the establishment at which the animals are about to
be slaughtered. The proprietors of the establishments at which the
said ante-mortem inspection is conducted shall provide satisfactory
facilities for conducting said inspection and for separating and
holding apart from healthy animals those showing symptoms of disease.
All animals showing symptoms or suspected of being affected with any
disease or condition which, under these regulations, would probably
cause their condemnation when slaughtered, shall be marked by affixing
to the ear or tail a metal tag as provided in Regulation 20.
All such animals, except as hereinafter provided, shall be slaughtered
separately, either before regular slaughter has commenced or at the
close of the regular slaughter, and shall be duly identified by a
representative of the establishment to the inspector on duty on the
killing floor before the skins are removed or the carcasses opened for
evisceration.
Animals which have been tagged for pregnancy and which have not been
exposed to any infectious or contagious disease are not required
to be slaughtered, but before any such animal is removed from the
establishment the tag shall be detached by a Department employee and
returned with his report to the inspector in charge.
(_a_) If any pathological condition is suspected in which the question
of temperature is important, such as Texas fever, anthrax, pneumonia,
blackleg, or septicemia, the exact temperature should be taken. Due
consideration, however, must be given to the fact that extremely high
temperatures may be found in otherwise normal hogs when subjected
to exercise or excitement, and a similar condition may obtain to a
less degree among other classes of animals. Animals commonly termed
“downers,” or crippled animals, shall be tagged, as provided for in
Regulation 20, in the abattoir pens for the purpose of identification
at the time of slaughter, and shall be passed upon in accordance with
these regulations.
POST-MORTEM INSPECTION AT TIME OF SLAUGHTER.
REGULATION 14.
The inspector or his assistants shall, at the time of slaughter, make a
careful inspection of all animals slaughtered. The head, tail, thymus
gland, bladder, caul, and the entire viscera, and all parts and blood
used in the preparation of meat food products shall be retained in
such manner as to preserve their identity until after the post-mortem
examination has been completed, in order that they may be identified
in case of condemnation of the carcass. Suitable racks or metal
receptacles shall be provided for retaining such parts.
Carcasses and parts thereof found to be sound, healthful, wholesome,
and fit for human food shall be passed and marked as provided in these
regulations.
Should any lesion of disease or other condition that would probably
render the meat or any organ unfit for food purposes be found
on post-mortem examination, such meat or organ shall be marked
immediately with a tag, as provided in Regulation 27. Carcasses which
have been so marked shall not be washed or trimmed unless such washing
or trimming is authorized by the inspector.
DISPOSAL OF DISEASED CARCASSES AND ORGANS.
REGULATION 15.
The carcasses or parts of carcasses of all animals which are
slaughtered at an establishment where inspection is maintained, and
which are found at time of slaughter or at any subsequent inspection to
be affected with any of the diseases or conditions named below shall
be disposed of according to the section of this regulation pertaining
to the disease or condition. It is to be understood, however, that
owing to the fact that it is impracticable to formulate rules covering
every case, and to designate at just what stage a process becomes
loathsome or a disease noxious, the decision as to the disposition
of all carcasses, parts, or organs not specifically covered by these
regulations shall be left to the veterinary inspector in charge.
Carcasses found, before evisceration has taken place, to be affected
with an infectious or contagious disease, including tuberculosis, shall
not be eviscerated at the regular killing bed or bench, but shall
be taken to the retaining room, or other specially prepared place,
separate from other carcasses, and there opened and examined.
(_a_) _Anthrax, or Charbon._--All carcasses showing lesions of this
disease, regardless of the extent of the disease, shall be condemned
and immediately tanked, including the hide, hoofs, horns, viscera,
fat, blood, and all other portions of the animal. The killing bed
upon which the animal was slaughtered shall be disinfected with a 10
percent solution of formalin, and all knives, saws, cleavers, and
other instruments which have come in contact with the carcass shall be
treated as provided in Regulation 11, paragraph (_h_), before being
used upon another carcass.
(_b_) _Blackleg._--Carcasses of animals showing lesions of blackleg
shall be condemned.
(_c_) _Hemorrhagic Septicemia._--Carcasses of animals affected with
this disease shall be condemned.
(_d_) _Pyemia and Septicemia._--Carcasses showing lesions of either of
these diseases shall be condemned.
(_e_) _Rabies._--Carcasses of animals which showed symptoms of rabies
before slaughter shall be condemned.
(_f_) _Tetanus._--Carcasses of animals which showed symptoms of tetanus
before slaughter shall be condemned.
(_g_) _Malignant Epizoötic Catarrh._--Carcasses of animals affected
with this disease and showing generalized inflammation of the mucous
membranes shall be condemned.
(_h_) _Hog Cholera and Swine Plague._--(1) Carcasses showing
well-marked and progressive lesions of hog cholera or swine plague in
more than two of the organs (skin, kidneys, bones, or lymphatic glands)
shall be condemned.
(2) Carcasses showing slight lesions which are confined to the kidneys
and lymphatic glands may be passed.
(3) Carcasses which reveal lesions more numerous than those described
for carcasses to be passed, but not so severe as the lesions described
for carcasses to be condemned, may be rendered into lard, provided they
are cooked by steam for four hours at a temperature not lower than 220°
F.
(4) In inspecting carcasses showing lesions of the skin, bones,
kidneys, or lymphatic glands, due consideration shall be given to the
extent and severity of the lesions found in the viscera.
(_i_) _Actinomycosis, or Lumpy Jaw._--(1) If the carcass is in a
well-nourished condition and there is no evidence upon post-mortem
examination that the disease has extended from a primary area of
infection in the head, the carcass may be passed, but the head,
including the tongue, shall be condemned.
(2) If the carcass is in a well-nourished condition and the disease has
extended beyond the primary area of infection, the disposition shall be
made in accordance with the regulations relating to tuberculosis.
(_j_) _Caseous Lymphadenitis._--When the lesions are limited to the
superficial lymphatic glands or to a few nodules in an organ, involving
also the adjacent lymphatic glands, and the carcass is well nourished,
the meat may be passed after the affected parts are removed and
condemned. If extensive lesions, with or without pleuritic adhesions,
are found in the lungs, or if several of the visceral organs contain
caseous nodules and the carcass is emaciated, it shall be condemned.
(_k_) _Tuberculosis._--All carcasses affected with tuberculosis and
showing emaciation shall be condemned. All other carcasses affected
with tuberculosis shall be condemned, except those in which the lesions
are slight, calcified, or encapsulated, and are confined to the tissues
indicated in any one of the following five paragraphs, or to a less
number of such tissues, and excepting also those which may, under
paragraphs (6) and (7) below, be rendered into lard or tallow.
(1) The cervical lymphatic glands and two groups of visceral lymphatic
glands in a single body cavity, such as the cervical, bronchial, and
mediastinal glands, or the cervical, hepatic, and mesenteric glands.
(2) The cervical lymphatic glands and one group of visceral lymphatic
glands and one organ in a single body cavity, such as the cervical and
bronchial glands and the lungs, or the cervical and hepatic glands and
the liver.
(3) Two groups of visceral lymphatic glands and one organ in a single
body cavity, such as the bronchial and mediastinal glands and the
lungs, or the hepatic and mesenteric glands and the liver.
(4) The cervical lymphatic glands and one group of visceral lymphatic
glands in each body cavity, such as the cervical, bronchial, and
hepatic glands.
(5) Two groups of visceral lymphatic glands in the thoracic cavity and
one group in the abdominal cavity, or one group of visceral lymphatic
glands in the thoracic cavity and two groups in the abdominal cavity,
such as the bronchial, mediastinal, and hepatic glands, or the
bronchial, hepatic, and mesenteric glands.
(6) Carcasses affected with tuberculosis, in which the lesions of the
disease are located as described in any one of the preceding five
paragraphs, but are slight and in a state of caseation, or liquefaction
necrosis, or surrounded by hyperemic zones, and also those in which
slight, calcified, or encapsulated lesions are found in more visceral
organs or more groups of visceral lymphatic glands than are specified
in any one of the preceding five paragraphs, may be rendered into lard
or tallow after the diseased parts are removed. The carcasses shall be
cooked by steam at a temperature not lower than 220° F. for not less
than four hours.
(7) Carcasses in which the cervical lymphatic glands, one organ, and
the serous membrane in a single body cavity, such as the cervical
lymphatic glands, the lungs, and the pleura, or the cervical lymphatic
glands, the liver, and the peritoneum, are affected with tuberculosis,
may be rendered into lard or tallow after the diseased parts are
removed. The carcasses shall be cooked by steam at a temperature not
lower than 220° F. for not less than four hours.
(8) All condemned carcasses, parts of carcasses, or organs showing
lesions of tuberculosis shall be deposited in receptacles provided for
that purpose, and shall either be tanked at once or be locked in the
“condemned” room until such time as an employee of the Department can
see that they are placed in the tank.
(9) All heads and other parts showing lesions of tuberculosis shall be
condemned.
(_l_) _Texas Fever._--Carcasses showing sufficient lesions to warrant
the diagnosis of Texas fever shall be condemned.
(_m_) _Parasitic Ictero-hematuria._--Carcasses of sheep affected with
this disease shall be condemned.
(_n_) _Mange, or Scab._--Carcasses of animals affected with mange,
or scab, in advanced stages, shall be condemned. When the disease is
slight, the carcass may be passed.
(_o_) _Tapeworm Cysts._--Carcasses of animals slightly affected with
tapeworm cysts may be rendered into lard or tallow, but extensively
affected carcasses shall be condemned.
(_p_) _Pneumonia, Pleurisy, Enteritis, Peritonitis, and
Metritis._--Carcasses showing generalized inflammation of one of the
following tissues--the lungs, pleuræ, intestines, peritoneum, or the
uterus--whether in acute or chronic form, shall be condemned.
(_q_) _Icterus._--Carcasses showing an intense yellow or
greenish-yellow discoloration after proper cooling shall be condemned.
Carcasses which exhibit a yellowish tint directly after slaughter, but
lose this discoloration on chilling, may be passed for food.
(_r_) _Uremia and Sexual Odor._--Carcasses which give off the odor of
urine or a strong sexual odor shall be condemned.
(_s_) _Urticaria, Etc._--Hogs affected with urticaria (diamond skin
disease), _Tinea tonsurans_, _Demodex folliculorum_, or erythema may
be passed after detaching and condemning the skin, if the carcass is
otherwise fit for food.
(_t_) _Melanosis, Etc._--Carcasses of animals showing any disease
or injury, such as traumatic pericarditis, generalized melanosis,
pseudo-leukemia, etc., which causes considerable elevation of
temperature or affects the system of the animal, shall be condemned.
(_u_) _Bruises, Abscesses, Liver Flukes, Etc._--Any organ or part of
a carcass which is badly bruised or which is affected by malignant
tumors, abscesses, suppurating sores, or liver flukes shall be
condemned, but when the lesions are so extensive as to affect the whole
carcass, the whole carcass shall be condemned.
(_v_) _Emaciation and Anemia._--Carcasses of animals too emaciated or
anemic to produce wholesome meat and those carcasses which show a slimy
degeneration of the fat or a serous infiltration of the muscles shall
be condemned.
(_w_) _Pregnancy and Parturition._--Carcasses of animals in advanced
stages of pregnancy (showing signs of preparation for parturition),
also carcasses of animals which have within ten days given birth to
young and in which there is no evidence of septic infection, may
be rendered into lard or tallow if desired by the manager of the
establishment, otherwise they shall be condemned.
(_x_) _Immaturity._--Carcasses of animals too immature to produce
wholesome meat, all unborn and stillborn animals, also carcasses
of calves, pigs, kids, and lambs under three weeks of age shall be
condemned.
(_y_) _Diseased Parts._--In all cases where carcasses showing localized
lesions of disease are passed or rendered into lard or tallow, the
diseased parts must be removed before the “U. S. Retained” tag is taken
from the carcass, and such parts shall be condemned.
(_z_) _Careless Scalding._--Hogs which have been allowed to pass into
the scalding vat alive shall be condemned.
(_aa_) _Dead Animals._--All animals that die in abattoir pens, and
those in a dying condition before slaughter, shall be tagged as
provided in Regulation 21, and in all cases shall be condemned. In
conveying animals which have died in the pens of an establishment to
the tank they shall not be allowed lo pass through compartments in
which food products are prepared. No dead animals shall be brought
into an establishment for rendering from outside the premises of said
establishment.
“RETAINING” AND “CONDEMNED” ROOMS.
REGULATION 16.
Separate compartments, to be known as “retaining rooms,” or other
special places for final inspection, shall be set apart at all
establishments at which inspection is maintained, and all carcasses and
parts marked with a “U. S. Retained” tag shall be held in these rooms
pending final inspection. These rooms shall be rat proof and furnished
with abundant light; the floors shall be of cement, metal, or brick
laid in cement. They shall be provided with facilities for locking,
and locks for this purpose will be furnished by the Department. The
keys to such locks shall remain in the custody of the inspector or his
assistant.
Immediately after the final inspection of carcasses and parts are
marked with “U. S. Retained” tags is completed, those found to be
wholesome and fit for human food shall be released by the veterinary
inspector conducting the inspection, who shall remove the “U. S.
Retained” tags, and the carcasses shall be removed from the retaining
rooms and marked “U. S. Inspected and Passed,” as provided in
Regulation 28.
The floors and walls of all retaining rooms shall be washed with hot
water and disinfected after diseased animals are removed, and before
any “retained” animals are again placed therein.
Carcasses or parts of carcasses found on final inspection to be
unsound, unhealthful, unwholesome, or otherwise unfit for human food
shall be marked “U. S. Inspected and Condemned,” as provided in
Regulation 28, and shall be removed from the retaining room to the
“condemned” room, if not tanked within twenty-four hours.
(_a_) In each establishment at which condemned carcasses or meat food
products are held for more than twenty-four hours after condemnation,
there shall be provided a room entirely separate from all other rooms
in the establishment. This room shall be secure and shall be provided
with a lock, the key of which shall remain in the custody of a
Department employee. This room shall be known as the “condemned” room,
and shall be kept locked at all times except when condemned meat or
meat food product is being taken into or from the said room under the
supervision of a Department employee.
All condemned carcasses shall be removed from retaining rooms within
twenty-four hours after they are condemned, except in questionable
cases, when they are held pending the decision of the inspector in
charge. Condemned carcasses shall not be allowed to accumulate,
but shall be removed from the “condemned” rooms, treated with
coloring substances, or otherwise treated, as provided in Regulation
18, paragraph (_b_), and tanked within a reasonable time after
condemnation. Carcasses of diseased animals which are eviscerated
in the retaining room or in the specially prepared place under
the provisions of Regulation 15, shall, unless passed, be removed
immediately either to the “condemned” room or to the tank.
REGULATION 17.
_Bruised Parts._--When a portion of a carcass is to be condemned on
account of slight bruises, which cannot be properly removed until the
carcass is chilled, the carcass shall be marked with a “U. S. Retained”
tag and placed in the retaining room. After chilling, the affected
portion shall be cut out, marked “U. S. Inspected and Condemned,”
and removed to the tank or locked in the “condemned” room, and the
remainder of the carcass shall be marked “U. S. Inspected and Passed.”
TANKS AND TANKING.
REGULATION 18.
All condemned carcasses, parts of carcasses, and meat food products
shall be tanked as follows:
(_a_) After the lower opening of the tank has been securely sealed by
an employee of the Department, and the condemned carcasses, parts,
and meat food products are placed therein in his presence, the upper
opening shall be likewise securely sealed by such employee, whose duty
it shall be then to see that a sufficient force of steam is turned
into the tank and maintained a sufficient length of time effectually
to render the contents unfit for any edible product. Tanks for this
purpose shall be so located or operated that the fumes and odors
therefrom shall not pervade compartments in which carcasses are dressed
or edible products prepared. Wire and lead seals are provided by the
Department for sealing tanks.
(_b_) A sufficient quantity of coloring matter or other substance to
be designated by the Department shall be used in connection with the
tanking of all condemned carcasses, parts of carcasses, meats, and meat
food products, to destroy them effectually for food purposes.
(_c_) The seals of tanks containing condemned meats or the tankage
thereof shall be broken only by an employee of the Department.
(_d_) If an establishment where inspection is maintained fails to
permit the treatment and tanking of condemned carcasses, parts
of carcasses, meats, or meat food products, as required by these
regulations, the inspector in charge shall report that fact to the
Department, in order that inspection may be withdrawn from such
establishment.
REGULATION 19.
Any meats or meat food products condemned at establishments which have
no facilities for tanking shall be treated as provided in Regulation
18, paragraph (b), and removed to an establishment indicated by the
inspector in charge and there tanked and rendered under the supervision
of an employee of the Department.
LABELS, TAGS, AND BRANDS.
“U. S. SUSPECT” TAG.
REGULATION 20.
To the ear or tail of each animal inspected under Regulation 13 which
shows symptoms or is suspected of being affected with any disease or
condition which, under these regulations, may cause its condemnation on
post-mortem inspection, there shall be affixed by a Department employee
at the time of inspection a numbered metal tag bearing the words “U.
S. Suspect.” The employee who affixes the tag shall report the number
to the inspector in charge. This “U. S. Suspect” tag shall remain upon
the animal until the preliminary post-mortem inspection at the time of
slaughter. If no lesions of disease are then discovered, the “U. S.
Suspect” tag shall be removed and forwarded to the inspector in charge,
with a report that the carcass has been inspected and passed, and the
carcass shall be labeled or stamped “U. S. Inspected and Passed,” as
hereinafter provided.
ANTE-MORTEM CONDEMNED TAG.
REGULATION 21.
To the ear of each animal which is found in a dying condition or dead
on the premises of an establishment at which inspection is maintained
there shall be affixed by a Department employee a numbered metal tag
bearing the words “U. S. Condemned.” The ear bearing the tag shall not
be removed from the carcass. The number of this tag shall be reported
to the inspector in charge by the employee who affixes it. This tag
shall remain on the condemned carcass until it reaches the tank, and
immediately before tanking it shall be removed by the Department
employee who is supervising the tanking and returned with a report to
the inspector in charge.
LABELING BEEF FOR EXPORT.
REGULATION 22.
Upon each quarter of each dressed beef carcass inspected and passed for
export there shall be placed by a Department employee a meat-inspection
label or mark, which shall bear the number of the establishment and the
words “U. S. Inspected and Passed.”
LABELING BEEF FOR INTERSTATE COMMERCE.
REGULATION 23.
Upon each dressed beef carcass inspected and passed for interstate
commerce there shall be placed by a Department employee at the time
of inspection at least ten labels or marks bearing the number of the
establishment and the words “U. S. Inspected and Passed.”
LABELING CANNERS.
REGULATION 24.
Upon each quarter of each dressed beef carcass inspected and passed,
and which is to be cut up and prepared in the establishment in which
the animal was slaughtered or in another establishment where inspection
is maintained, there shall be placed by a Department employee at the
time of inspection one label or mark bearing the establishment number
and the words “U. S. Inspected and Passed.” If, however, a primal part
of any such carcass is to leave the establishment for interstate or
foreign commerce, such primal part, or the container thereof, must
be labeled, stamped, or branded, under the personal supervision of a
Department employee, with the establishment number and the words “U. S.
Inspected and Passed.”
LABELING CARCASSES OF SHEEP, CALVES, SWINE, AND GOATS.
REGULATION 25.
Upon the dressed carcasses of sheep, calves, swine, and goats inspected
and passed for interstate or export commerce there shall be placed by
a Department employee at the time of inspection at least two labels
or marks bearing the number of the establishment and the words “U. S.
Inspected and Passed.”
STAMP ON CLOTH WRAPPING.
REGULATION 26.
When the dressed carcasses or parts thereof of cattle, sheep, calves,
swine, or goats are wrapped or inclosed for shipment for interstate
or export commerce in burlap, muslin, cheese cloth, or other similar
substance, the covering shall bear a meat-inspection stamp or other
mark on which shall appear the establishment number and the words “U.
S. Inspected and Passed.”
“U. S. RETAINED” TAG
REGULATION 27.
Upon each carcass, or part or detached organ thereof, inspected under
Regulation 14, in which any lesion of disease or other condition is
found that would probably render the meat or any organ unfit for food
purposes, there shall be placed by a Department employee at the time of
inspection a paper tag, numbered in duplicate, bearing the words “U. S.
Retained,” attached by a wire and seal. The inspector who attaches this
“U. S. Retained” tag shall detach the numbered stub thereof and return
it with his report to the inspector in charge. The other portion shall
accompany the carcass to the retaining Room.
“U. S. CONDEMNED STAMP.”
REGULATION 28.
Upon each carcass, or part or detached organ thereof, which is found
on final inspection in the retaining room, or other special place
for final inspection, to be unsound, unhealthful, unwholesome, or
otherwise unfit for human food, there shall be stamped conspicuously
by a Department employee at the time of inspection the words “U. S.
Inspected and Condemned.” In addition the “U. S. Retained” tag shall
remain upon the carcass and shall be stamped with the words “U. S.
Inspected and Condemned.” This stamped “U. S. Retained” tag shall
accompany the carcass to the tank and shall be removed immediately
before tanking by the Department employee who is supervising that
operation, and he shall write or stamp upon the tag the word “Tanked,”
the date, sign his name, and return the tag with his report to the
inspector in charge. If, however, upon final inspection the carcass
is passed for food, the inspector shall stamp the retained tag “U.
S. Inspected and Passed,” and return the tag with his report to the
inspector in charge.
MARKING OF PRIMAL PARTS.
REGULATION 29.
On each primal part, or organ, or the container thereof, which has
been inspected and passed, and which is to leave the establishment
for interstate or export commerce, and which has not been theretofore
marked with the words “U. S. Inspected and Passed,” and the
establishment number, there shall be placed, under the personal
supervision of a Department employee, a mark, stamp, or brand bearing
the words “U. S. Inspected and Passed” and the establishment number.
When primal parts or organs are shipped between establishments at which
inspection is maintained the number of the establishment need not
appear.
BRANDING IRONS.
REGULATION 30.
When hot branding irons or other instruments are used to label hams,
bacon, or other primal part with the name of the packer, or with a
trade-mark, and it is desired, in addition, to indicate that the meat
has been inspected by the Department of Agriculture, the wording for
this purpose, which shall be in letters and figures of sufficient size
to be legible, shall include the number of the establishment in which
the product was produced, and also the statement “U. S. Inspected and
Passed,” or the abbreviated statement “U. S. Ins. Psd.” This marking
shall be accepted as the United States inspection mark. It shall be
affixed, however, only under the personal supervision of a Department
employee.
“SPECIAL” STAMP.
REGULATION 31.
Upon all meats and meat food products prepared for export with
preservatives under Regulation 39, paragraph (_b_), there shall also
be stamped or branded, under the personal supervision of a Department
employee, the word “Special.” This word “Special” shall not be used
upon any inspected meats or meat food products not prepared under said
Regulation 39, unless it is used in combination with other words.
TRADE LABELS.
REGULATION 32.
Upon each can, pot, tin, canvas, or other receptacle or covering
containing any meat or meat food product for interstate or foreign
commerce, except packages on which meat-inspection stamps appear, there
shall be placed, under the supervision of a Department employee, a
trade label. This trade label shall contain the words “U. S. Inspected
and Passed, under the Act of Congress of June 30, 1906,” in plain
letters and figures of uniform size, the number of the establishment
at which the meat or meat food product is last prepared or packed, and
labeled, and the true name of the meat or meat food product contained
in such package. Only trade names which are not false or deceptive may
be used upon the trade label. A copy of each trade label shall be filed
with the inspector in charge for his approval. The inspector in charge
shall approve or disapprove each trade label, and report his action for
approval to the Chief of the Bureau of Animal Industry, forwarding the
label with his report. Only trade labels which have been approved by
the Secretary of Agriculture shall be used.
REGULATION 33.
_False or Deceptive Names._--No meat or meat food products shall
be sold or offered for sale by any person, firm, or corporation in
interstate or foreign commerce under any false or deceptive name; but
established trade name or names which are usual to such products and
which are not false and deceptive, and which shall be approved by the
Secretary of Agriculture, are permitted. Trade labels which are false
or deceptive in any particular shall not be permitted. A meat food
product, whether composed of one or more ingredients, shall not be
named on a trade label with a name stating or purporting to show that
the said meat food product is a substance which is not the principal
ingredient contained therein, even though such name be an established
trade name.
TAGGING REINSPECTED MEATS AND MEAT FOOD PRODUCTS.
REGULATION 34.
Upon all meats or meat food products, which are suspected on
reinspection of being unsound, unhealthful, unwholesome, or otherwise
unfit for human food, or upon the containers thereof, there shall be
placed by a Department employee at the time of reinspection the “U. S.
Retained” tags hereinbefore described. The employee who affixes the
tag shall send the numbered stub with his report to the inspector in
charge. These tags shall accompany the said meats or meat food products
to the retaining room or other special place for final inspection.
When the final inspection is made, if the meat or meat food product be
condemned the “U. S. Retained” tag shall be stamped “U. S. Inspected
and Condemned,” and shall accompany the condemned meat or meat food
product to the tank.
Immediately before the meat or meat food product is tanked the employee
supervising that operation shall write or stamp the word “Tanked” and
the date upon the said tag, and sign his name thereto, and forward
the tag to the inspector in charge with his report. If, however, upon
final inspection the meat or meat food product is passed for food, the
inspector shall stamp the retained tag “U. S. Inspected and Passed,”
and return the tag with his report to the inspector in charge.
REFERENCE TO UNITED STATES INSPECTION.
REGULATION 35.
Except as provided in these regulations, no reference to United States
inspection shall appear upon any meat or meat food product or the
container thereof.
REINSPECTION.
REINSPECTION OF PASSED CARCASSES AND PARTS.
REGULATION 36.
Before being admitted into any cooking, canning, sausage, or other
department of an establishment, also before being packed for shipment,
and at such other times as may be deemed necessary, all dressed
carcasses or parts thereof that have been previously inspected and
passed shall be reinspected by an inspector or his assistants, and if
upon any such reinspection any carcass or part thereof is found to
have become unsound, unhealthful, unwholesome, or in any way unfit for
human food, the original mark, stamp, tag, or label shall be removed or
cancelled and the carcass or part shall be condemned.
REINSPECTION OF INSPECTED MEATS RECEIVED AT OFFICIAL ESTABLISHMENTS.
REGULATION 37.
Except as provided in Regulation 41, only carcasses and parts thereof,
meats, and meat food products which can by marks, seals, brands, or
labels be identified as having been previously inspected and passed
by a Department employee shall be taken into or allowed to enter an
establishment at which inspection is maintained. All such carcasses,
parts, meats, and meat food products which are brought into one
establishment from another, or which are returned to the establishment
from which they issued, shall be identified and reinspected at the
time of receipt, and shall be subject to further reinspection in such
manner and at such times as may be deemed necessary. If upon any such
reinspection any carcass or part thereof, or meat or meat food product,
is found to have become unsound, unhealthful, unwholesome, or in any
way unfit for human food, the original mark, stamp, tag, or label
shall be removed or canceled and the carcass, part, meat, or meat food
product shall be condemned.
(_a_) Special docks and receiving rooms shall be designated by the
establishment for the receipt and inspection of meats or meat food
products, and no meats or meat food products shall be allowed to enter
the establishment by any other docks or receiving rooms, and only in
the presence of a Department employee.
MARKING PASSED CARCASSES OR PARTS.
REGULATION 38.
All carcasses and parts of carcasses found upon inspection to be
sound, healthful, wholesome, and fit for human food which leave the
establishment where they are prepared for interstate or foreign
commerce shall be designated by a mark, stamp, tag, or label bearing
the words “U. S. Inspected and Passed,” and no carcass, part of
a carcass, or meat food product which has not been so designated
shall be admitted to the canning, sausage, or any other department
of any establishment where inspection is maintained other than
the establishment in which it was prepared, except as provided in
Regulation 41.
DYES, CHEMICALS, AND PRESERVATIVES.
REGULATION 39.
(_a_) No meat or meat food product for interstate commerce, or for
foreign commerce except as hereinafter provided, shall contain any
substance which lessens its wholesomeness, nor any drug, chemical,
or dye (unless specifically provided for by a Federal statute), or
preservative, other than common salt, sugar, wood smoke, vinegar,
pure spices, and, pending further inquiry, saltpeter. Inspection
and sampling of prepared meats and meat food products by Department
employees shall be conducted in such manner and at such times as may be
necessary to secure a rigid enforcement of this regulation.
(_b_) In accordance with the direction of the foreign purchaser or his
agent, meats and meat food products prepared for export may contain
preservatives in proportions which do not conflict with the laws of the
foreign country to which they are to be exported.
When such meats or meat food products are prepared for export
under this regulation they shall be prepared in compartments of
the establishment separate and apart from those in which meats and
meat food products are prepared according to paragraph (_a_) of
this regulation, and such products shall be kept separate and shall
be labeled with special trade labels, approved by the Secretary of
Agriculture, and indicating that such products are for export only.
Special export certificates will be issued for meats and meat food
products of this character, and, if the products are not exported,
under no circumstances shall they be allowed to enter domestic trade.
PREPARATION OF MEATS AND MEAT FOOD PRODUCTS.
REGULATION 40.
All processes used in curing, pickling, preparing, or canning meats and
meat food products in establishments where inspection is maintained
shall be supervised by Department employees, and no fixtures or
appliances, such as tables, trucks, trays, vats, machines, implements,
cans, or containers of any kind, shall be used unless they are clean
and sanitary, and all steps in the process of manufacture shall be
conducted carefully and with strict cleanliness.
(_a_) _Cured Meats._--Only meats which bear the mark “U. S. Inspected
and Passed,” or meats in containers which are so marked, and which
upon reinspection are found to be sound, healthful, wholesome, and
fit for human food, shall be taken into any meat-curing establishment
where inspection is maintained. Any meats which upon reinspection are
found to have undergone changes which render them unsound, unclean,
unhealthful, unwholesome, or otherwise unfit for human food, shall be
condemned and be disposed of as provided in Regulation 18.
No drug, chemical, or coloring matter shall be used in any process of
curing any meats, except as provided in Regulation 39. All pickling
fluids and other solutions or substances used in curing meats must
be clean. At the time that cured meats are packed for shipment in
interstate or foreign commerce they shall be inspected by a Department
employee, and any pieces or portions of such meats which are found to
have undergone changes which render them unclean, unsound, unhealthful,
unwholesome, or otherwise unfit for human food, shall be condemned and
disposed of as provided in Regulation 18.
(_b_) _Sausages and Chopped Meats._--All meat entering a sausage
establishment where inspection is maintained shall be inspected
by a Department employee when received. No meats which have not
been inspected and passed under these regulations at the time of
slaughter, or which, having been so inspected and passed, are found
upon reinspection by a Department employee to have undergone changes
which render them unsound, unclean, unhealthful, unwholesome, or
otherwise unfit for human food, shall be employed in the preparation of
sausages, chopped meats, or similar meat food products. Meats or meat
food products which are found to have undergone these changes shall
be condemned and disposed of as provided in Regulation 18. All meat
trimmings for sausage shall be carefully inspected and assorted under
the supervision of employees of the Department. No drug, chemical,
preservative, or coloring matter shall be placed in or upon sausages or
chopped meats for interstate or foreign commerce, except as provided in
Regulation 39. The curing of sausages or chopped meats or similar meat
food products shall be carried out in the manner prescribed for other
meats in section (_a_) of this regulation.
(_c_) _Canned Products._--All meats or meat food products entering a
canning establishment shall be inspected by a Department employee when
received. No meat which has not been inspected and passed at the time
of slaughter under these regulations, or which, having been inspected
and passed, is reinspected by a Department employee and found to have
undergone changes which render it unclean, unsound, unhealthful,
unwholesome, or otherwise unfit for human food, shall be allowed
to enter into the preparation of canned meats or canned meat food
products. No drug, chemical, or coloring matter shall be used in canned
meats or meat food products for interstate or foreign commerce, except
as provided in Regulation 39.
If at any time during the handling of any meat or meat food product,
or at any time after the packing or canning of any such product, any
portion or package shall be found to be unwholesome, unhealthful, or
otherwise unfit for human food, such portions or packages shall be
condemned and disposed of in the manner prescribed in Regulation 18.
No meat food product which has passed through the various processes of
canning shall be removed from the container and recooked, resterilized,
or repacked, except under the supervision and with the approval of a
Department employee.
REGULATION 41.
_Rendering of Lard and Tallow._--The rendering of all fats into lard,
tallow, oils, and stearin at establishments where inspection is
maintained shall be closely supervised by employees of the Department.
All portions of carcasses rendered into lard and tallow must be clean
and wholesome. Tanks and vats used for rendering condemned carcasses
and refuse products must not be connected in any manner with tanks,
vats, or other receptacles used for lard or other edible products.
Unmelted fat which is not marked or stamped “U. S. Inspected and
Passed” and which upon inspection is found to be sweet, clean, and of
healthful appearance may be received, inspected, and rendered at a
temperature not lower than 170° F. for one hour.
STAMPS, STAMPING, AND CERTIFICATES.
STAMPS.
REGULATION 42.
Numbered meat-inspection stamps shall be affixed to packages containing
meats or meat food products to be shipped or otherwise transported in
interstate or foreign trade. No reference to United States inspection
other than that contained on the meat-inspection stamp shall appear on
any such package.
REGULATION 43.
_Protection for Stamps._--Stamps shall be affixed in the following
manner, and when they have been affixed they shall be covered
immediately with a coating of transparent varnish or other similar
substance.
(_a_) The stamp may be affixed in a grooved space, made by removing a
portion of the wood, of sufficient size to admit the stamp.
(_b_) The stamp may be placed on either end of the package, provided
that the sides are made to project at least one-eighth of an inch to
afford the necessary protection from abrasion.
REGULATION 44.
_Destruction of Used Stamps._--Whenever any package of meats or meat
food products bearing the meat-inspection stamp shall have been opened
and its contents removed for sale the stamp on said package shall be
immediately defaced and destroyed.
CERTIFICATES FOR EXPORTS.
REGULATION 45.
The inspector in charge of an establishment shall issue certificates of
inspection for all carcasses of cattle, sheep, swine, and goats, and
the meats or meat food products thereof, which are to be exported to
foreign countries. Each certificate shall cite the name of the shipper,
the name of the consignee, the destination, the establishment number
or numbers on the labels, the numbers of the stamps attached to the
article to be exported, and the shipping marks. These certificates
shall be issued in serial numbers and in triplicate form. Only one
certificate shall be issued for each consignment unless otherwise
directed by the Chief of the Bureau of Animal Industry.
Both the original and duplicate certificates shall be delivered
to the exporter. The original is to be attached to the bill of
lading accompanying the shipment for the information of the customs
authorities, and shall be delivered to the chief officer of the vessel
upon which said consignment is to be transported, and continue with
the shipment to destination. The duplicate shall be forwarded by the
consigner to the consignee, to be used by the latter in identifying the
shipment at the point of destination by comparison with the original.
COUNTERFEITING, ETC.
REGULATION 46.
It is a misdemeanor, punishable by fine and imprisonment, for
any person, firm, or corporation, or officer, agent, or employee
thereof, to forge, counterfeit, simulate, or falsely represent,
or without proper authority to use, fail to use, or detach, or
knowingly or wrongfully to alter, deface, or destroy, or to fail to
deface or destroy, any of the marks, stamps, tags, labels, or other
identification devices provided for by law or by these regulations,
on any carcasses, parts of carcasses, or the food product, or the
containers thereof, or wrongfully to use, deface, or destroy any
certificate provided for by law or these regulations.
REPORTS.
REGULATION 47.
Reports of the work of inspection carried on in every establishment
shall be daily forwarded to the Department by the inspector in charge,
on such blank forms and in such manner as may be specified by the Chief
of the Bureau of Animal Industry. The proprietors of establishments at
which inspection is maintained shall furnish daily to the Department
employees detailed to the various departments accurate information
regarding receipts, shipments, and amounts of products on which to base
their daily reports.
Weekly reports on sanitation shall be made by the Department employees
in charge of the various departments to the inspector in charge of the
station, and by the inspector in charge to the Chief of the Bureau
of Animal Industry. If any insanitary conditions are detected by any
Department employee such conditions shall be reported immediately to
the inspector in charge, who, after investigation, shall report them to
the Chief of the Bureau.
APPEALS.
REGULATION 48.
When the action of any inspector in condemning any carcass or part
thereof, meat, or meat food product is questioned, appeal may be made
to the inspector in charge, and from his decision appeal may be made
to the Chief of the Bureau of Animal Industry or to the Secretary of
Agriculture, whose decision shall be final.
COÖPERATION WITH MUNICIPAL AUTHORITIES.
REGULATION 49.
All inspectors in charge are directed to notify the municipal
authorities of the character of inspection, and to coöperate with such
authorities in preventing the entry of condemned animals, or their
products, into the local markets.
The details of any such proposed coöperative arrangement must be first
submitted to and approved by the Chief of the Bureau of Animal Industry.
LAW UNDER WHICH THE FOREGOING REGULATIONS ARE MADE.
Extract from an act of Congress entitled “An Act making appropriations
for the Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and seven,” Public, No. 382, approved June
30, 1906.
THE MEAT-INSPECTION AMENDMENT.
That for the purpose of preventing the use in interstate or foreign
commerce, as hereinafter provided, of meat and meat food products,
which are unsound, unhealthful, unwholesome, or otherwise unfit
for human food, the Secretary of Agriculture, at his discretion,
may cause to be made, by inspectors appointed for that purpose, an
examination and inspection of all cattle, sheep, swine, and goats
before they shall be allowed to enter into any slaughtering, packing,
meat-canning, rendering, or similar establishment, in which they are to
be slaughtered and the meat and meat food products thereof are to be
used in interstate or foreign commerce; and all cattle, swine, sheep,
and goats found on such inspection to show symptoms of disease shall
be set apart and slaughtered separately from all other cattle, sheep,
swine, or goats, and when so slaughtered the carcasses of said cattle,
sheep, swine, or goats shall be subject to a careful examination
and inspection, all as provided by the rules and regulations to be
prescribed by the Secretary of Agriculture as herein provided for.
That for the purposes hereinbefore set forth the Secretary of
Agriculture shall cause to be made by inspectors appointed for
that purpose, as hereinafter provided, a post-mortem examination
and inspection of the carcasses and parts thereof of all cattle,
sheep, swine, and goats to be prepared for human consumption at any
slaughtering, meat-canning, salting, packing, rendering, or similar
establishment in any State, Territory, or the District of Columbia
for transportation or sale as articles of interstate or foreign
commerce; and the carcasses and parts thereof of all such animals
found to be sound, healthful, wholesome, and fit for human food shall
be marked, stamped, tagged, or labeled as “Inspected and Passed”;
and said inspectors shall label, mark, stamp, or tag as “Inspected
and Condemned,” all carcasses and parts thereof of animals found to
be unsound, unhealthful, unwholesome, or otherwise unfit for human
food; and all carcasses and parts thereof thus inspected and condemned
shall be destroyed for food purposes by the said establishment in the
presence of an inspector, and the Secretary of Agriculture may remove
inspectors from any such establishment which fails to so destroy any
such condemned carcass or part thereof, and said inspectors, after
said first inspection shall, when they deem it necessary, reinspect
said carcasses or parts thereof to determine whether since the first
inspection the same have become unsound, unhealthful, unwholesome,
or in any way unfit for human food, and if any carcass or any part
thereof shall, upon examination and inspection subsequent to the first
examination and inspection, be found to be unsound, unhealthful,
unwholesome, or otherwise unfit for human food, it shall be destroyed
for food purposes by the said establishment in the presence of an
inspector, and the Secretary of Agriculture may remove inspectors from
any establishment which fails to so destroy any such condemned carcass
or part thereof.
The foregoing provisions shall apply to all carcasses or parts
of carcasses of cattle, sheep, swine, and goats, or the meat or
meat products thereof which may be brought into any slaughtering,
meat-canning, salting, packing, rendering, or similar establishment,
and such examination and inspection shall be had before the said
carcasses or parts thereof shall be allowed to enter into any
department wherein the same are to be treated and prepared for meat
food products; and the foregoing provisions shall also apply to all
such products which, after having been issued from any slaughtering,
meat-canning, salting, packing, rendering, or similar establishment,
shall be returned to the same or to any similar establishment where
such inspection is maintained.
That for the purposes hereinbefore set forth the Secretary of
Agriculture shall cause to be made by inspectors appointed for that
purpose an examination and inspection of all meat food products
prepared for interstate or foreign commerce in any slaughtering,
meat-canning, salting, packing, rendering, or similar establishment,
and for the purposes of any examination and inspection said inspectors
shall have access at all times, by day or night, whether the
establishment be operated or not, to every part of said establishment;
and said inspectors shall mark, stamp, tag, or label as “Inspected and
Passed” all such products found to be sound, healthful, and wholesome,
and which contain no dyes, chemicals, preservatives, or ingredients
which render such meat or meat food products unsound, unhealthful,
unwholesome, or unfit for human food; and said inspectors shall label,
mark, stamp, or tag as “Inspected and Condemned” all such products
found unsound, unhealthful, and unwholesome, or which contain dyes,
chemicals, preservatives, or ingredients which render such meat or meat
food products unsound, unhealthful, unwholesome, or unfit for human
food, and all such condemned meat food products shall be destroyed
for food purposes, as hereinbefore provided, and the Secretary of
Agriculture may remove inspectors from any establishment which fails to
so destroy such condemned meat food products: _Provided_, That, subject
to the rules and regulations of the Secretary of Agriculture, the
provisions hereof in regard to preservatives shall not apply to meat
food products for export to any foreign country and which are 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 to be exported; 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 all the other
provisions of this act.
That when any meat or meat food product prepared for interstate or
foreign commerce which has been inspected as hereinbefore provided and
marked “Inspected and Passed” shall be placed or packed in any can,
pot, tin, canvas, or other receptacle or covering in any establishment
where inspection under the provisions of this act is maintained, the
person, firm, or corporation preparing said product shall cause a label
to be attached to said can, pot, tin, canvas, or other receptacle or
covering, under the supervision of an inspector, which label shall
state that the contents thereof have been “Inspected and Passed” under
the provisions of this act; and no inspection and examination of meat
or meat food products deposited or inclosed in cans, tins, pots,
canvas, or other receptacle or covering in any establishment where
inspection under the provisions of this act is maintained shall be
deemed to be complete until such meat or meat food products have been
sealed or inclosed in said can, tin, pot, canvas, or other receptacle
or covering under the supervision of an inspector, and no such meat or
meat food products shall be sold or offered for sale by any person,
firm, or corporation in interstate or foreign commerce under any false
or deceptive name; but established trade name or names which are usual
to such products and which are not false and deceptive and which shall
be approved by the Secretary of Agriculture are permitted.
The Secretary of Agriculture shall cause to be made, by experts in
sanitation or by other competent inspectors, such inspection of all
slaughtering, meat-canning, salting, packing, rendering, or similar
establishments in which cattle, sheep, swine, and goats are slaughtered
and the meat and meat food products thereof are prepared for interstate
or foreign commerce as may be necessary to inform himself concerning
the sanitary conditions of the same, and to prescribe the rules and
regulations of sanitation under which such establishments shall be
maintained; and where the sanitary conditions of any such establishment
are such that the meat or meat food products are rendered unclean,
unsound, unhealthful, unwholesome, or otherwise unfit for human food,
he shall refuse to allow said meat or meat food products to be labeled,
marked, stamped, or tagged as “Inspected and Passed.”
That the Secretary of Agriculture shall cause an examination and
inspection of all cattle, sheep, swine, and goats, and the food
products thereof, slaughtered and prepared in the establishments
hereinbefore described for the purposes of interstate or foreign
commerce to be made during the nighttime as well as during the daytime
when the slaughtering of said cattle, sheep, swine, and goats, or the
preparation of said food products is conducted during the nighttime.
That on and after October first, nineteen hundred and six, no person,
firm, or corporation shall transport or offer for transportation, and
no carrier of interstate or foreign commerce shall transport or receive
for transportation from one State or Territory or the District of
Columbia to any other State or Territory or the District of Columbia,
or to any place under the jurisdiction of the United States, or to
any foreign country, any carcasses or parts thereof, meat, or meat
food products thereof which have not been inspected, examined, and
marked as “Inspected and Passed,” in accordance with the terms of this
act and with the rules and regulations prescribed by the Secretary
of Agriculture: _Provided_, That all meat and meat food products on
hand on October first, nineteen hundred and six, at establishments
where inspection has not been maintained, or which have been inspected
under existing law, shall be examined and labeled under such rules and
regulations as the Secretary of Agriculture shall prescribe, and then
shall be allowed to be sold in interstate or foreign commerce.
That no person, firm, or corporation, or officer, agent, or employee
thereof, shall forge, counterfeit, simulate, or falsely represent,
or shall without proper authority use, fail to use, or detach, or
shall knowingly or wrongfully alter, deface, or destroy, or fail to
deface or destroy, any of the marks, stamps, tags, labels, or other
identification devices provided for in this act, or in and as directed
by the rules and regulations prescribed hereunder by the Secretary of
Agriculture, on any carcasses, parts of carcasses, or the food product,
or containers thereof, subject to the provisions of this act, or any
certificate in relation thereto, authorized or required by this act or
by the said rules and regulations of the Secretary of Agriculture.
That the Secretary of Agriculture shall cause to be made a careful
inspection of all cattle, sheep, swine, and goats intended and offered
for export to foreign countries at such times and places, and in such
manner as he may deem proper, to ascertain whether such cattle, sheep,
swine, and goats are free from disease.
And for this purpose he may appoint inspectors who shall be authorized
to give an official certificate clearly stating the condition in which
such cattle, sheep, swine, and goats are found.
And no clearance shall be given to any vessel having on board cattle,
sheep, swine, or goats for export to a foreign country until the owner
or shipper of such cattle, sheep, swine, or goats has a certificate
from the inspector herein authorized to be appointed, stating that the
said cattle, sheep, swine, or goats, are sound and healthy or unless
the Secretary of Agriculture shall have waived the requirement of such
certificate for export to the particular country to which such cattle,
sheep, swine, or goats are to be exported.
That the Secretary of Agriculture shall also cause to be made a careful
inspection of the carcasses and parts thereof of all cattle, sheep,
swine, and goats, the meat of which, fresh, salted, canned, corned,
packed, cured, or otherwise prepared, is intended and offered for
export to any foreign country, at such times and places and in such
manner as he may deem proper.
And for this purpose he may appoint inspectors who shall be authorized
to give an official certificate stating the condition in which said
cattle, sheep, swine, or goats, and the meat thereof, are found.
And no clearance shall be given to any vessel having on board any
fresh, salted, canned, corned, or packed beef, mutton, pork, or goat
meat, being the meat of animals killed after the passage of this act,
or except as hereinbefore provided for export to and sale in a foreign
country from any port in the United States, until the owner or shipper
thereof shall obtain from an inspector appointed under the provisions
of this act a certificate that the said cattle, sheep, swine, and goats
were sound and healthy at the time of inspection, and that their meat
is sound and wholesome, unless the Secretary of Agriculture shall have
waived the requirements of such certificate for the country to which
said cattle, sheep, swine, and goats or meats are to be exported.
That the inspectors provided for herein shall be authorized to give
official certificates of the sound and wholesome condition of the
cattle, sheep, swine, and goats, their carcasses and products as
herein described, and one copy of every certificate granted under the
provisions of this act shall be filed in the Department of Agriculture,
another copy shall be delivered to the owner or shipper, and when the
cattle, sheep, swine, and goats or their carcasses and products are
sent abroad, a third copy shall be delivered to the chief officer of
the vessel on which the shipment shall be made.
That no person, firm, or corporation engaged in the interstate
commerce of meat or meat food products shall transport or offer for
transportation, sell, or offer to sell any such meat or meat food
products in any State or Territory or in the District of Columbia or
any place under the jurisdiction of the United States, other than in
the State or Territory or in the District of Columbia or any place
under the jurisdiction of the United States in which the slaughtering,
packing, canning, rendering, or other similar establishment owned,
leased, operated by said firm, person, or corporation is located unless
and until said person, firm, or corporation shall have complied with
all of the provisions of this act.
That any person, firm, or corporation, or any officer or agent of
any such person, firm, or corporation, who shall violate any of the
provisions of this act shall be deemed guilty of a misdemeanor and
shall be punished on conviction thereof by a fine of not exceeding ten
thousand dollars or imprisonment for a period not more than two years,
or by both such fine and imprisonment, in the discretion of the court.
That the Secretary of Agriculture shall appoint from time to time
inspectors to make examination and inspection of all cattle, sheep,
swine, and goats, the inspection of which is hereby provided for, and
of all carcasses and parts thereof, and of all meats and meat food
products thereof, and of the sanitary conditions of all establishments
in which such meat and meat food products hereinbefore described are
prepared; and said inspectors shall refuse to stamp, mark, tag, or
label any carcass or any part thereof, or meat food product therefrom,
prepared in any establishment hereinbefore mentioned, until the same
shall have actually been inspected and found to be sound, healthful,
wholesome, and fit for human food, and to contain no dyes, chemicals,
preservatives, or ingredients which render such meat food product
unsound, unhealthful, unwholesome, or unfit for human food; and to have
been prepared under proper sanitary conditions, hereinbefore provided
for; and shall perform such other duties as are provided by this act
and by the rules and regulations to be prescribed by said Secretary
of Agriculture; and said Secretary of Agriculture shall, from time
to time, make such rules and regulations as are necessary for the
efficient execution of the provisions of this act, and all inspections
and examinations made under this act shall be such and made in such
manner as described in the rules and regulations prescribed by said
Secretary of Agriculture not inconsistent with the provisions of this
act.
That any person, firm, or corporation, or any agent or employee of any
person, firm, or corporation, who shall give, pay, or offer, directly,
or indirectly, to any inspector, deputy inspector, chief inspector,
or any other officer or employee of the United States authorized to
perform any of the duties prescribed by this act or by the rules and
regulations of the Secretary of Agriculture any money or other thing of
value, with intent to influence said inspector, deputy inspector, chief
inspector, or other officer or employee of the United States in the
discharge of any duty herein provided for, shall be deemed guilty of a
felony and, upon conviction thereof, shall be punished by a fine not
less than five thousand dollars nor more than ten thousand dollars and
by imprisonment not less than one year nor more than three years; and
any inspector, deputy inspector, chief inspector, or other officer or
employee of the United States authorized to perform any of the duties
prescribed by this act who shall accept any money, gift, or other thing
of value from any person, firm, or corporation, or officers, agents, or
employees thereof, given with intent to influence his official action,
or who shall receive or accept from any person, firm, or corporation
engaged in interstate or foreign commerce, any gift, money, or other
thing of value given with any purpose or intent whatsoever, shall be
deemed guilty of a felony, and shall, upon conviction thereof, be
summarily discharged from office and shall be punished by a fine not
less than one thousand dollars nor more than ten thousand dollars and
by imprisonment not less than one year nor more than three years.
That the provisions of this act requiring inspection to be made by
the Secretary of Agriculture shall not apply to animals slaughtered
by any farmer on the farm and sold and transported as interstate or
foreign commerce, nor to retail butchers and retail dealers in meat
and meat food products, supplying their customers: _Provided_, That
if any person shall sell or offer for sale or transportation for
interstate or foreign commerce any meat or meat food products which are
diseased, unsound, unhealthful, unwholesome, or otherwise unfit for
human food, knowing that such meat food products are intended for human
consumption, he shall be guilty of a misdemeanor, and on conviction
thereof shall be punished by a fine not exceeding one thousand dollars
or by imprisonment for a period of not exceeding one year, or by both
such fine and imprisonment: _Provided, also_, That the Secretary of
Agriculture is authorized to maintain the inspection in this act
provided for at any slaughtering, meat-canning, salting, packing,
rendering, or similar establishment notwithstanding this exception,
and that the persons operating the same may be retail butchers and
retail dealers or farmers; and where the Secretary of Agriculture shall
establish such inspection then the provisions of this act shall apply
notwithstanding this exception.
That there is permanently appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of three million dollars,
for the expenses of the inspection of cattle, sheep, swine, and goats
and the meat and meat food products thereof which enter into interstate
or foreign commerce and for all expenses necessary to carry into effect
the provisions of this act relating to meat inspection, including rent
and the employment of labor in Washington and elsewhere, for each year.
And the Secretary of Agriculture shall, in his annual estimates made to
Congress, submit a statement in detail, showing the number of persons
employed in such inspections and the salary or per diem paid to each,
together with the contingent expenses of such inspectors and where they
have been and are employed.
APPENDIX D.
F. I. D. 1-25.
UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, CHIEF OF BUREAU.
FOOD INSPECTION DECISIONS 1-25.
INTRODUCTION.
For the information of importers and exporters of food products and
of the public it is advisable to publish more widely than would be
possible by decisions given to individuals or firms the opinions of
this Department rendered by the Secretary under the existing law
relating to the examination of food products before shipment to foreign
countries and to the examination of food products imported into this
country. The following digest shows the principal decisions rendered
to date covering these points, together with circulars and other
printed matter relating thereto. It is proposed hereafter to issue
at convenient intervals similar decisions and opinions which may be
rendered.
H. W. WILEY,
_Chief, Bureau of Chemistry_.
Approved:
JAMES WILSON,
_Secretary of Agriculture_.
WASHINGTON, D. C., _June 1, 1905_.
(F. I. D. 1.)
LAWS UNDER WHICH THE FOOD INSPECTION IS CONDUCTED.
To investigate the adulteration of foods, condiments, beverages, and
drugs, when deemed by the Secretary of Agriculture advisable, and to
publish the results of such investigations when thought advisable,
and also the effect of cold storage upon the healthfulness of foods;
to enable the Secretary of Agriculture to investigate the character
of food preservatives, coloring matters, and other substances added
to foods, to determine their relation to digestion and to health,
and to establish the principles which should guide their use; to
enable the Secretary of Agriculture to investigate the character of
the chemical and physical tests which are applied to American food
products in foreign countries, and to inspect before shipment, when
desired by the shippers or owners of these food products, American
food products intended for countries where chemical and physical tests
are required before said food products are allowed to be sold in the
countries mentioned, and for all necessary expenses connected with such
inspection and studies of methods of analysis in foreign countries;
to enable the Secretary of Agriculture, in collaboration with the
Association of Official Agricultural Chemists, and such other experts
as he may deem necessary, to establish standards of purity for food
products and to determine what are regarded as adulterations therein;
to investigate, in collaboration with the Bureau of Animal Industry,
the chemistry of dairy products and of adulterants used therein, and
of the adulterated products; to determine the composition of process,
renovated, or adulterated and other treated butters, and other chemical
studies relating to dairy products, and to make all analyses of samples
required for the execution of the law regulating the manufacture of
process, renovated, or adulterated butters....
To investigate the adulteration, false labeling, or false branding of
foods, drugs, beverages, condiments, and ingredients of such articles,
when deemed by the Secretary of Agriculture advisable, and report
the result in the bulletins of the Department; and the Secretary of
Agriculture, whenever he has reason to believe that such articles are
being imported from foreign countries which are dangerous to the health
of the people of the United States, or which shall be falsely labeled
or branded either as to their contents or as to the place of their
manufacture or production, shall make a request upon the Secretary of
the Treasury for samples from original packages of such articles for
inspection and analysis, and the Secretary of the Treasury is hereby
authorized to open such original packages and deliver specimens to the
Secretary of Agriculture for the purpose mentioned, giving notice to
the owner or consignee of such articles, who may be present and have
the right to introduce testimony; and the Secretary of the Treasury
shall refuse delivery to the consignee of any such goods which the
Secretary of Agriculture reports to him to have been inspected and
analyzed and found to be dangerous to health or falsely labeled or
branded either as to their contents or as to the place of their
manufacture or production, or which are forbidden entry or to be sold,
or are restricted in sale in the countries in which they are made or
from which they are exported.... (_Sections of appropriations act of
March 3, 1905._)
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That no person or persons,
company or corporation, shall introduce into any State or Territory of
the United States or the District of Columbia from any other State or
Territory of the United States or the District of Columbia, or sell in
the District of Columbia or in any Territory any dairy or food products
which shall be falsely labeled or branded as to the State or Territory
in which they are made, produced, or grown, or cause or procure the
same to be done by others.
SEC. 2. That if any person or persons violate the provisions of this
act, either in person or through another, he shall be guilty of a
misdemeanor and shall be punished by a fine of not less than five
hundred nor more than two thousand dollars; and that the jurisdiction
for the prosecution of said misdemeanor shall be within the district
of the United States court in which it is committed. (_Act of July 1,
1902._)
(F. I. D. 2.)
OPINIONS OF THE ATTORNEY-GENERAL RELATING TO THE SCOPE AND MEANING OF
THE ACT OF JULY 1, 1902 (32 STAT., 632), REGULATING THE BRANDING OF
DAIRY AND FOOD PRODUCTS FOR INTERSTATE COMMERCE.[48]
[48] Published as an unnumbered circular, Office of the Secretary.
_August 1, 1903._
In order that a correct understanding might be had as to the scope
of the law relating to the branding of dairy and food products,
the opinion of the Attorney-General was asked concerning certain
features of that act. Samples of labels which were used in commercial
operations were submitted, with the request that an opinion be given
as to whether or not they conformed to the provisions of the law. Two
separate opinions were asked of the Attorney-General in regard to this
law.
First, in the case of a firm, ---- ----, established in one State and
dealing in goods which were grown and manufactured in another State,
the labels, however, bearing the name and address of the firm in its
central place of business, the direct question asked was:
Is not the label as it stands a distinct statement that the product
bearing it is manufactured and prepared in (address of the firm
given)?
One particular object of the law appears to be to prevent the
utilization of the name of localities which have become noted for the
production of a certain food product in connection with other food
products of a similar nature made elsewhere.
The second point on which the opinion of the Attorney-General was asked
was as follows:
The question which I desire to propose to you now is, whether, under
the provisions of the two acts referred to (Public--No. 158, approved
March 3, 1903, regulating the importation of goods, and the act first
mentioned above) it will be possible to prevent the misbranding of
foreign products. In other words, would the provisions of Public--No.
223, referred to first above, apply to any foreign product entering
into interstate commerce, or do they apply only to articles of food
of domestic manufacture?
From correspondence conducted with large manufacturing firms, it is
evident that they desire at once to conform to the provisions of these
laws if they can only be distinctly made known. To this end I have
deemed it advisable to publish the decisions of the Attorney-General on
these questions, omitting merely the names of the firms specifically
referred to, for the information of manufacturers, dealers, and
consumers.
JAMES WILSON,
_Secretary of Agriculture_.
DEPARTMENT OF JUSTICE,
_Washington, D. C., June 22, 1903_.
THE SECRETARY OF AGRICULTURE.
SIR: I beg to acknowledge the receipt of your letter of the 11th
instant, inclosing one addressed to you by the ---- ---- Company, of
Milwaukee, Wis., together with two samples of labels which they have
submitted for your approval, and in which you say:
These labels do not seem to fall within either class on which you
passed your opinion of September 20. The goods described by these
labels purport to be in every respect goods manufactured by the ----
---- Company. They say in their letter, however, that they purchase
all their goods in Iowa.
The question which I desire to propound particularly in this respect
is the following: Is not the label of ---- ----, as it stands, a
distinct statement that the product bearing it is manufactured and
prepared in Wisconsin?
One of the labels considered in the opinion of September 20 (24
Opin., 125) read: “Packed for ---- ---- Company (Limited), wholesale
grocers, Shreveport, La.” The other omitted the words “Packed for”
and “Wholesale grocers,” and was in these words: “The ---- Brand Lima
Beans, ---- ---- Company (Limited), Shreveport, La.” They were held
not to come within the act of July 1, 1902, c. 1357 (32 Stat., 632),
regulating this subject.
The labels now submitted (which are to be used on canned goods) are
substantially alike in form and character. One bears the words “----
---- Daisy Sugar Corn, ---- ---- Company, Milwaukee, Wis.” In the
other, “Tip Top” takes the place of the word “Daisy.”
Section 1 of the act of July 1, 1902, provides--
That no person or persons, company or corporation, shall introduce
into any State or Territory of the United States or the District of
Columbia from any other State or Territory of the United States or
the District of Columbia, or sell in the District of Columbia or
in any Territory any dairy or food products which shall be falsely
labeled or branded as to the State or Territory in which they are
made, produced, or grown, or cause or procure the same to be done by
others.
Section 2 makes a violation of the act a misdemeanor, punishable by a
fine of not less than $500 or more than $2,000.
In the opinion of September 20, after stating that the mere omission
of the place of manufacture can not be said to constitute a violation
of the law and that the name of the wholesale dealer on the label or
brand is not necessarily a representation that he is the producer
or manufacturer of the goods, it was observed: “Of course, if goods
are manufactured or produced in one State, and the wholesale dealer
is a resident of another, and the label or brand is so worded as to
represent the dealer as the producer, there would be a violation of the
law if such commodities were introduced into one state from another.”
The ---- ---- Company, it is stated, purchases all their goods in Iowa.
But the words “---- Daisy Sugar Corn, ---- ---- Company, Milwaukee,
Wis.,” clearly imply that the goods referred to are manufactured or
prepared by that company in Wisconsin. The general public, unfamiliar
with trade practices, would inevitably reach that conclusion. It seems
to me, therefore, that these labels come within the statute as above
construed. To hold otherwise would be to say that nothing short of
direct and positive misrepresentation is inhibited. But that is more
than the rule as to the strict construction of penal statutes can be
said to require. The act in question aims to prevent the false labeling
or branding of food and dairy products entering into interstate
commerce. It does not, however, undertake to say what shall be held
to constitute a false label or brand. Each case must therefore rest
upon its own particular facts. But wherever the natural inference to
be drawn from the form or words of a brand or label is contrary to the
fact as to the State or Territory in which the articles referred to are
made, produced, or grown, the case would seem to be within both the
letter and the spirit of the law.
The papers inclosed are herewith returned as requested.
Respectfully,
P. C. KNOX, _Attorney-General_.
DEPARTMENT OF JUSTICE,
_Washington, D. C., June 18, 1903_.
The Honorable the SECRETARY OF AGRICULTURE.
SIR: In your note of June 2, 1903, you transmit to me an excerpt
from the appropriation act of March 3, 1903 (32 Stat., 1157,
1158), authorizing the Secretary of Agriculture to investigate the
adulteration of foods, drugs, and liquors, and forbidding the Secretary
of the Treasury to deliver to the consignee any such goods imported
from a foreign country which the Secretary of Agriculture has “reported
to him to have been inspected and analyzed and found to be dangerous
to health, or which are forbidden to be sold or restricted in sale in
the countries in which they are made or from which they are imported,
or which shall be falsely labeled in any respect in regard to the place
of manufacture or the contents of the package,” and a copy of the act
of July 1, 1902 (32 Stat., 632), in regard to the introduction into any
State or Territory or the District of Columbia of any dairy or food
products which shall have been falsely labeled or branded as to the
State or Territory in which they are made, produced, or grown; and you
ask my opinion, in substance, whether, under the provisions referred
to, you have jurisdiction or power to prevent the false labeling or
branding of such articles imported from foreign countries after they
have passed the custom-house and are delivered to the consignees;
and whether the act last referred to above applies to such articles
imported from foreign countries, or applies only to articles of
domestic production.