68. GUARANTY-NO PROVISION AS TO IMPORTED FOODS or Drugs. There is no provision for a guaranty by a manufacturer or other person located abroad, such manufacturer or other person being beyond the jurisdiction of the United States Courts. Imported Foods and Drugs may be guaranteed by the importer or any person in the United States. Unless so guaranteed, imported foods and drugs are sold by dealers at their own risk. But in view of the stringency of the laws heretofore in force as well as the provisions of this Act respecting importations, it may generally be assumed that foods and drugs which are permitted to be imported are not adulterated or misbranded. CHAPTER VII. MISCELLANEOUS NOTES. 69. ENFORCEMENT OF THE ACT. The course which will be pursued by the Department of Agriculture in the enforcement of the provisions of the Act was expressed by Dr. Wiley, Chief of the Bureau of Chemistry, in his statement at the opening of the hearings before the Commission appointed to formulate the rules and regulations held in New York in September, 1906, in the statement that it was desired in the formulation of the rules and regulations "to secure the purpose in view with the least possible disturbance to business conditions and with the least possible annoyance to the manufacturer, the jobber and the public." This should not, however, be understood as indicating that the Department will permit a reasonable forbearance from an immediate enforcement of the strict letter of the law to be taken advantage of. In commenting on a circular sent out by an association of dealers in food products the Secretary of Agriculture is reported to have said: "The law is now in force and any merchant or manufacturer who violates it does so at his peril. If any of these gentlemen think they can defy the law with impunity let them try it and I will undertake to assure them, eventually, a summons to appear before a United States Court." 70. STOCK ON HAND. As regards foods and drugs on hand at the time the law went into force, labels on hand and other matters in which a stringent enforcement of the law would result in serious loss to manufacturers or dealers, the law will undoubtedly be administered with the utmost consideration provided goods on hand are not seriously injurious and are not sold under misrepresentation, and provided that labels on hand are corrected so far as necessary by supplemental labels, stamps or pasters. With regard to the use of colors and preservatives on which no definite rulings have yet been given out, it may be expected that after the rulings are given out a reasonable time will be given for the disposal of goods on hand which contain colors or preservatives prohibited by such rulings. The same may be expected with regard to the matter of the marking of the so-called blended whiskeys. 71. NOTES AS TO PARTICULAR PRODUCTS. All food products, including confectionery, in which artificial coloring or flavoring is used should be so labeled as to clearly indicate that they contain artificial color or flavor. The Department of Agriculture has indicated that in such cases the word "imitation" rather than "artificial" should be used on the label. Mince meat and pork and beans are considered food products coming under the provisions of this Act, not meat products coming under the Meat Inspection Law. In the manufacture of sugar, sulphur, phosphoric acid and lime may be used, also tin crystals and zinc dust as bleach, provided the resultant molasses, if shipped out of the State within which it is made, is sold for distilling purposes only. Coloring agents or adulterants such as tin crystals, rock compounds, ultramarine blue, etc., are prohibited. Gelatine is not prohibited as an ingredient in confectionery or other food product. There is no objection to gelatine made from good, unobjectionable raw material in a sanitary way. Cocoas in the preparation of which alkalies or other substances have been employed in order to increase the apparent solubility of the product, should bear on the label a declaration of such treatment. The phrase "prepared with alkali” (or alkalies) or "manufactured with alkali" (or alkalies), or some similar statement, would be a sufficient notification. 72. LABELING PACKAGES. Notes. 69 The original unbroken package, that is the case, box, barrel or other package in which cans, bottles, cartons or other retail packages are shipped from the producer, manufacturer or packer to the wholesaler, jobber or retailer, or are shipped from the wholesaler or jobber to his customers, should, if it is shipped from one State to another, be labeled or branded strictly in accordance with the requirements of the Act, and unless some controlling reason exists for doing otherwise, should be labeled or branded strictly in accordance with the rules and regulations and the requirements of the Department of Agriculture. The Act applies directly to the original package. As regards the labels on the individual cans, bottles, cartons, or other packages enclosed in the case, box, barrel, or other outer package, it is advisable that these conform strictly to the requirements regarding labels contained in the Act, and unless some controlling reason exists for doing otherwise, such labels should conform strictly to the rules and regulations and the requirements of the Department of Agriculture. It is probable, however, that the Act does not apply to the labeling of the retail packages enclosed within an outer package and shipped from one State to another, and it will therefore be sufficient if the retail packages are labeled or branded in conformity with the laws of the State into which they are shipped and in which they are sold. So far as many of the States are concerned, the fact that the Act does not apply to the retail package is not of much practical importance as the laws of many of the States make substantially the same requirements as regards labels which are made by the Act. With regard to drugs or food products shipped into or out of the District of Columbia or into or out of any Territory the requirements regarding labeling or branding apply to the individual or retail package as well as to the enclosing case, box, barrel, or other package, and it is necessary that each bottle, can, carton, or other retail package of drugs or food products manufactured in the District of Columbia, or a Territory, or shipped into the District of Columbia, or a Territory, for sale therein, or shipped from the District of Columbia or a Territory, shall be labeled or branded in strict conformity with the requirements of the Act and with the rules and regulations and the requirements of the Department of Agriculture. It is necessary also that the enclosing case, box, barrel or other outer package, in case of drugs or food products manufactured in, or shipped into or out of the District of Columbia or a Territory, shall also be correctly labeled or branded. 73. CANNED GOODS-LABELS. The labels commonly used on canned goods are in the following form: [Trademark name.] [Design.] [Name of particular goods.] [Trademark name. ] [Trademark.] [Packer's name.] While labels in this form are not precisely in the form specified in Regulation 17 (b),123 or F. I. D. 52,124 they conform to all the requirements of the Act and may continue to be used without objection on the part of the Department of Agriculture. Of course, if the wholesaler's, jobber's or dealer's name appears on the label, the words "packed for," distributed by," or other words indicating that such name is not the name of the packer, must be used, and it is of course to be understood that the label used, whether in the above form, or in any other form, contains no misrepresentation or false or misleading statement, design or device. 74. STATE Laws. In nearly all of the States laws regarding the adultera |