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FEDERAL FOOD AND DRUGS ACT OF 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,
SEC. 1. MANUFACTURE OF ADULTERATED FOODS OR DRUGS.
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, 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. INTERSTATE COMMERCE OF ADULTERATED GOODS.
That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the
District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which
is adulterated or misbranded, within the meaning of this Act, is hereby prohibited; and any person who shall ship or deliver
for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia,
or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or
Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages,
for pay or otherwise, or offer to deliver to any other person, any such article so adulterated or misbranded within the meaning
of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States
any such adulterated or misbranded foods or drugs or export or offer to export the same to any foreign country, shall be guilty
of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense and upon conviction
for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion
of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended
for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser
when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which
said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or
consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act.
2 Sections 1 to 5 repealed (June 25, 1938, ch. 675, 1 902(a), 52 Stat. 1059).
SEC. 3. RULES AND REGULATIONS.
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. CHEMICAL EXAMINATIONS.
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 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. LEGAL PROCEEDINGS.
That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of
this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall
present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the
proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided.
SEC. 6. DEFINITIONS.
That the term "drug," as used in this Act, shall include all medicines and preparations recognized in the United
States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended
to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food," as
used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether
simple, mixed, or compound.
SEC. 7. ADULTERATIONS.
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 Pharmacopoeia or National Formulary,
it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia
or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia
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 Pharmacopoeia or 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. MISBRANDING.
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, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate,
or acetanilide, 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 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
morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or
any derivative or preparation of any of 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:
o 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.
o 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 excluding 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 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. GUARANTY FROM MANUFACTURER.
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 tosuch 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. SEIZURE OF ORIGINAL PACKAGES.
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 a 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. EXAMINATION OF IMPORTED FOOD AND DRUGS.
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 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 the 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, cargo, 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. DEFINITIONS AND LIABILITIES.
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. EFFECTIVE DATE.
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.
AMENDATORY AND SUPPLEMENTAL ENACTMENTS TO
THE FEDERAL FOOD AND DRUG ACT OF 1906
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AN ACT TO amend section eight of the Food and Drugs Act approved June thirtieth, nineteen hundred and six.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That that part of section eight of the Food and Drugs Act of June thirtieth, nineteen hundred and six, defining what shall
be misbranding in the case of drugs, be, and the same is hereby, amended by adding thereto a third paragraph to read as follows:
* "If its package or label shall bear or contain any statement design, or device regarding the curative or therapeutic
effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent."
So that the said part of said section eight shall read as follows:
SEC. 8. That the term 'misbranded,' as used herein, shall apply to all drug 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, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate,
or acetanilide, or any derivative or preparation of any such substances contained therein.
* Third. If its package or label shall bear or contain any statement, design, or device regarding the curative or
therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent.
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