son may have been found guilty of manufacturing, selling or offering for sale.

Sec. 10.

Act Does Not
Interfere With
Commerce
Wholly Internal
in any State.

That this act shall not be construed to interfere with commerce wholly internal in any state, nor with the exercise of their police powers by the several states; but foods and drugs fully complying with all the provisions of this act shall not be interfered with by the authorities of the several states when transported from one state to another so long as they remain in original unbroken packages, except as may be otherwise provided by statutes of the United States.

Sec. II. That any article of food or drug that is adulterated or misbranded within the meaning of this

Condemnation of Goods.

Act, and is transported or being transported from one State to another for sale, or if it be sold or offered for sale in the District of Columbia and the territories of the United States, or if it be imported from a foreign country for sale, or if 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, within the meaning of this act, the same shall be disposed of 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 state contrary to the laws of that state. The proceedings of such libel cases shall conform as near as may be to proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in such case; and all such proceedings shall be at the suit of and in the name of the United States.

Sec. 12. That the Secretary of Agriculture is authorized to investigate the character and extent of the adulteration of foods, drugs and liquors, and whenever he has reason to believe that articles are being imported from foreign countries which by reason of such adulteration are dangerous to the health of the people of the United States, or of

Authority to Investigate Original Packages by Permission of Secretary of Treasury.

kinds which are forbidden entry into or forbidden to be sold or restricted in sale in the countries in which they are made or from which they are exported, or which shall be falsely labeled in any respect either by the omission of the name of any added ingredient or otherwise, or in regard to the place of manufacture or the contents of the package, 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 due notice to the owner or consignee of such articles, who may be present and have the right to introduce testimony;

Delivery of Goods to Consignee May Be Refused by Secretary of the Treasury.

and the Secretary of the Treasury shall refuse delivery to the consignee of any of such goods which the Secretary of Agriculture reports to him have been inspected and analyzed and found to be dangerous to health, or of kinds which are forbidden entry into or forbidden to be sold or restricted in sale in the countries in which they are made or from which they are exported, or which shall be falsely labeled in any respect either by the omission of the name of any added ingredient or otherwise, or in regard to the place of manufacture or the contents of the package. Sec. 13.

This act shall be in force and effect from and after the first day of September, Anno Domini nineteen hundred and four.

Passed the House of Representatives January 19,

1904.

Attest:

A. MCDOWELL, Clerk. This bill failed to pass the Senate both in 1904 and 1905.

INDEX