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Eschscholzia Californica

Eschscholzia Californica

 


Eschscholzia Californica (California poppy or gold poppy)

 

Overview

 

Eschscholzia californica (California poppy or gold poppy) is the state flower of California.  According the Department of Agriculture, the plant grows in the Spring, Summer, and Fall and reaches a height of about 1.2 feet at maturity. 

 

The seeds of the plant can produce sedative-like feelings, but the poppy falls into a different class of alkaloids than poppies used in strong narcotics. 

The USDA states that the Eschscholzia californica (California poppy or gold poppy) is an invasive species.  Currently, the plant is found in Alaska, Alabama, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Missouri, North Carolina, Nebraska, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming.  The plant is also found in six different parts of Canada. 

 

Legal Issues Connected to Eschscholzia californica (California poppy or gold poppy)

 

In some states, it is illegal to cut down the state flower regardless if it falls on public or private land.  However, it is not illegal to cut down the state flower in California unless it falls on public lands or along state or county roads. 

 

The law concerning the removal of the state flower, and any other plants for that matter, is referenced in California Penal Code Section 384a.  The penal code is paraphrased below:

 

“Every person who within the State of California willfully or negligently cuts, destroys, mutilates, or removes any tree or shrub, or fern or herb or build or cactus or flower, or huckleberry or redwood greens, or portion. . .growing upon state or county highway rights-of-way [excluding highway employees]. . .[or] growing upon public land or upon land not his or her own. . .is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both fine and imprisonment.”

 

In order to cut down and/or remove plants and tree from private property, the owner of the property must provide written and signed consent to the person removing the plants.  The same applies on public lands.  In order to remove plants along public highways or on public land, the person or entity must receive written consent from the government body. 

 

Medicinal Uses of Eschscholzia californica (California poppy or gold poppy)

 

According to the Florida Museum of Natural History, Native Americans have used the plant throughout history as a cosmetic, to kill lice, and even relieve mild pain and treat insomnia.  As of 2005, there were still pharmacological studies concerning the plant according to the Florida Museum of Natural History. 

 

The plant is still used as a recreational drug in some circles, and the federal government does not control the use of the plant.  As mentioned before, the plant does have relaxing qualities if ingested, but the effects are mild compared to pharmaceutical opiates. 

 

Sources:

1. https://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=369a-402c

2. https://plants.usda.gov/java/profile?symbol=esca2

3. https://www.flmnh.ufl.edu/flowerpower/poppy.html  

Roll Your Own

Roll Your Own

 


What is a Roll-Your-Own Cigarette?

 

A roll-your-own cigarette (RYO) is a cigarette that is made with loose tobacco and a rolling paper.  RYO products often include a bag of loose tobacco, and these pouches sometimes come with rolling papers as well.

Some smokers preferred RYO products because they were cheaper and it allowed them to receive more nicotine than manufactured products on the market.  However, the cost of these products has sky rocketed in since 2009 after President Obama signed a piece of legislation that provided tax exemptions for RYO products.  The president also signed a piece of legislation in 2012 that end tax exemptions for manufacturers of RYO cigarettes. 

 

Increased Taxes on Roll-Your-Own Products Since 2009

 

In 2009, Congress expanded the State Children’s Health Insurance Program, and the expansion partly possible because the program raised taxes on cigarettes by 158 percent.  The tax went from $19.50 per thousand cigarettes to $50.33 per thousand cigarettes.  Congress expected consumers, and especially teenagers, to switch to roll-your-own products after the tax hike, so they hiked taxes on RYO products as well. 

 

The taxes on RYO products increased from $1.10 per pound to $24.78 per pound, an increase of 2,159 percent.  Taxes on small cigars increased as well, from $1.83 per thousand to $50.33 per thousand—an increase of 2,653 percent.  The tax hikes were strongly supported by the Campaign for Tobacco-Free Kids, the American Medical Association, the American Cancer Society, and the American Lung Association.

 

Since the take hikes, RYO sales have decreased by as much as 74%, but pipe tobacco sales have increased by more than 10%.  Here’s why.  Taxes on pipe tobacco only increased by 158%, and taxes on large cigars only increased by 155%.

 

Many manufacturers of RYO products began to advertise their products as pipe tobacco to avoid the tax increase.  There has also been an increase in commercial RYO machines that allow consumers to purchase tobacco and then place it in the machine that can role about 200 cigarettes in only a couple minutes.  These initiatives have allowed RYO manufacturers to avoid increased taxes, but President Obama signed a bill in 2012 that redefined tobacco manufacturers. 

 

Numerous Roll-Your-Own Cigarettes Stores Going Out of Business

 

On July 6, 2012, President Obama made a small amendment in the Federal Transportation Bill that redefined a tobacco manufacturer.  The bill states that any business with a RYO cigarette machine now classifies as a tobacco manufacturer and is subject to the same taxes for packaged cigarettes. 

The bill was signed after the Government Accountability Office save a huge increase in pipe tobacco sales.  The increase was due to increased taxes on RYO tobacco, so many consumers started using pipe tobacco in their rolled cigarettes because pipe tobacco was taxed less. 

 

The bill has caused several businesses to close their doors because the RYO cigarettes machines were expensive and the investment never paid for itself in time.  Opponents of the bill claim that consumers will still find a way to find cheap tobacco. 

Two Indicted for Shipping Illegal Meds into US

Two Indicted for Shipping Illegal Meds into US


On November 7, 2012, the Department of Justice reported that two Pakistani nationals were indicted by a federal grand jury in the District of Columbia for operating websites that shipped illegal pharmaceuticals into the United States from Pakistan and the United Kingdom.  The two defendants are Sheikh Waseem Ul Haq and Tahir Saeed.  


The indictment shows that Ul Haq and Saeed operated and owned Waseem Enterprises and Harry’s Enterprises in Pakistan.  The two men are believed to have shipped about $2 million of illegal pharmaceuticals around the world and about $780,000 to the United States.  


The two defendants made U.S. customers submit payments by Western Union to people in Karachi, Pakistan so they could conceal the funds.  They also told U.S. citizens that U.S. customs officials may intercept the packages as they enter the United States.  


The illegal drugs include the following:


•    alprazolam (labeled as Xanex)
•    diazepam (labeled as Valium)
•    lorazepam (labeled as Ativan)
•    clonazepam (labeled as Klonapin)
•    numerous types of anabolic steroids and other controlled substances


The defendants are charged with conspiring to import illegal pharmaceuticals to the United States, conspiring to distribute controlled substances, conspiracy to using misbranded pharmaceuticals, importing and distributing controlled substances, and conspiracy to commit money laundering.  


The two defendants each face 20 years in prison for each count of the importing and exporting conspiracy, as well as 20 years in prison for the money laundering charge.  They face more time with other charges as well.  


Stuart F. Delery, Acting Assistant Attorney General for the Civil Division, stated: “This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens.  The drugs allegedly sold by the defendants were not approved for distribution in the United States, were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician.”


Source: Federal Bureau of Investigation
 

Xarelto Approved to Treat and Reduce Blood Clots

Xarelto Approved to Treat and Reduce Blood Clots


On November 2, the Food and Drug Administration (FDA) approved Xarelto (rivaroxaban) to treat deep vein thrombosis (DVT) and pulmonary embolisms (PE), as well as to reduce the risk of DVT and PE after a surgery or treatment.  


DVT is a serious type of clot that occurs when blood thickens in a deep vein of the body.  These types of clots are most common in the lower leg and the thigh and are extremely dangerous if they break off.  They can travel to an artery in the lungs and can restrict blood flow—possibly leading to the PE which is deadly.  


The drug was already approved by the FDA and used after knee and hip replacement surgeries.  The drug was also used to reduce the risk of stroke in people with an irregular heartbeat called non-valvular atrial fibrillation.  


Richard Pazdur, M.D., states: “Xarelto is the first oral anti-clotting drug approved to treat and reduce the recurrence of blood clots since the approval of warfarin nearly 60 years ago.  Pazdur is the director of the Office of Hematology and Oncology Products at the Drug Evaluation and Research Center for the FDA.  


Other drugs that are approved to reduce the risk of blood clots include the following: Lovenox (enoxaparin), generic enoxaparin, Arixtra (fondaparinux), Fragmin (dalteparin), Coumadin (warfarin), and heparin.  


In clinical studies, only about 2.1 percent of patients taking Xarelto and 1.8 percent to 3 percent of patients taking enoxaparin and other combinations had a recurrent DVT or PE.  A specific study showed that 1.3 percent of patients taking Xarelto had a recurrent DVT or PE compared to 7.1 percent of patients taking a placebo.  


The main side effect of Xarelto is bleeding or uncontrolled bleeding.  These side effects are common with anti-clotting medicine.  


Source: U.S. Food and Drug Administration

Leader of Indianapolis Drug Organization Gets 10 Years

Leader of Indianapolis Drug Organization Gets 10 Years


On November 7, 2012, Immigration and Customs Enforcement (ICE) announced that Agustin Lozano was sentenced to 10 years in prison for leading a drug trafficking organization that ran drugs between Mexico and Chicago.  The investigation was led by ICE’s Homeland Security Investigations (HSI), the DEA, the IRS’s Criminal Investigation Division, and the Indianapolis Metro Drug Task Force.  


Lozano is a Mexican national, and he was sentenced on November 6, 2012 before U.S. District Judge William T. Lawrence with the Southern District of Indiana.  Lozano pleaded guilty to drug trafficking and money laundering, and he’ll be turned over to the ICE after he serves his prison sentence to face deportation.  


Starting in July of 2010, undercover agents started working with Lozano.  An undercover agent bought three grams of cocaine for $150 initially.  It took eight months to coordinate the investigation and gather information between agencies, and 48 kilograms of cocaine were eventually confiscated on December 15, 2010.  The cocaine had an estimated street value of $1.5 million.  Authorities confiscated 4.4 pounds of methamphetamine as well.  The methamphetamine had an estimated street value of $80,000.  


Throughout the investigation, it was found that the criminal organization distributed about five pounds of methamphetamine and 10 kilos of cocaine throughout Indianapolis every month.  184 pounds of marijuana, $69,500 in cash, and 18 firearms were confiscated during the investigation as well.  


U.S. Attorney Joseph H. Hogsett stated, “This sentence is an example of proactive and cooperative anti-drug police work at its finest.  A drug bust of this significance occurs only once every couple of years.  Let the message be heard loud and clear to all those who seek mayhem by trafficking in illegal narcotics – you will be identified, you will be investigated and you will be prosecuted to the fullest extent of the law.”


Source: U.S. Immigration and Customs Enforcement

Advair Diskus 250 50 Price

Advair Diskus 250 50 Price

A Brief Overview of the Advair Diskus 250 50 price

Patients with respiratory conditions such as emphysema or asthma may be prescribed Advair Diskus. Although expensive, several pricing options must be considered to achieve a lower Advair 250 50 price.

Before prescribing this medication, a physician's office will contact your insurance company if you are uncertain as to whether your policy can cover part or all of the Advair Diskus 250 50 price. Depending on your policy, the total cost incurred by the Advair 250 50 price may be covered completely or up to a certain point. If you suffer from asthma, keep in mind that this drug is only indicated for short-term use. Therefore, you may be able to determine the final bill for a fixed course of treatment after learning what the Advair Diskus 250 50 price is from a trusted provider.

While patients who live in an area with multiple pharmacies may be quoted more than one Advair 250 50 price, these may not be low enough to fit their budget. Likewise, patients in rural areas  may wish to shop online to locate a pharmacy which lists its Advair Diskus 250 50 price. Buying medication online is not a process to be undertaken casually. Consult with your physician to see if they are aware of any reputable online pharmacy which may list a suitable Advair 250 50 price.

No matter how low the listed Advair Diskus 250 50 price, do not purchase medication from any online pharmacy which does not require a prescription to make a sale. Websites which offer Advair 250 50 price without a prescription are not operating in accordance with the law. Because they have already demonstrated a willingness to break the law, they cannot be trusted with your credit card information.

To help decrease the Advair Diskus 250 50 price, the manufacturer is currently offering a coupon which removes $10 from every monthly purchase. This coupon to lower the Advair 250 50 price must be printed out and presented along with a prescription at a pharmacy. Additionally, at this time the manufacturer is currently offering a free 30-day trial dose to patients with a prescription. Such offers of assistance in lowering the Advair Diskus 250 50 price are constantly changing and contain many restrictions. You should also ask your doctor if they have any coupons which can lower the Advair 250 50 price.

You should be confident that you are receiving what you paid for regardless of the Advair Diskus 250 50 price. If medication you purchase turns out to be incorrectly dosed or otherwise defective, a pharmacy may be liable for damages if adverse effects ensue. Maintain receipts of any purchase recording the Advair 250 50 price paid. These will be necessary for a lawyer to determine how much compensation you should seek if litigation is likely to result in success.

 

Advair 500 50 Side Effects

Mushroom

Mushroom

What Makes a Mushroom Illegal?
There are many different plants and mushrooms that contain hallucinogenic compounds that have been used for centuries, mostly during religious rituals. In hallucinogenic mushrooms (sometimes called magic mushrooms or shrooms), a compound called psilocybin, or 4-phosphoryloxy-N,N-dimethyltryptamine, is responsible for these effects. These mushrooms are often found in sub-tropical regions of Mexico, South America, and the United States.
Mushrooms with psilocybin cannot be inactivated by cooking or freezing and when ingested, the activated form of psilocybin, psilocin, can appear in the body within 20 minutes cause hallucinations that last for around six hours.
The hallucinations caused by mushrooms can be described as strong distortions of the perception of reality, for example hearing, seeing, and feeling things that are not there. It can also cause strong emotional swings. These effects are caused by psilocybin’s ability to disrupt the proper function of serotonin, a neurotransmitter, and its interaction with nerve cells in the central nervous system.
Aside from hallucinations, psilocybin can also cause lack of muscle tone or muscle weakness, ataxia, nausea, pupil dilation, drowsiness, and vomiting. These side effects are particularly visible when taking psilocybin as a pure dose between 10 to 20 mg.
While a pure dose of psilocybin has relatively predictable results, mushrooms are most commonly consumed by preparing hem either dried or brewed. Doing so makes the effects of the chemicals much less predictable. In this situation, the age of the mushroom as well as how well it is preserved acts as a determinant for the effects.
According to the United Nations 1971 Convention on Psychotropic Substances, psilocybin is listed as a Schedule I drug but is not covered by any of the UN drug treaties.
In the United States, possession of these hallucinogenic mushrooms is illegal. Under the Controlled Substance Act, psilocybin is considered a Schedule I substance, alongside other drugs such as LSD and heroin. These mushrooms have very little if not a complete lack of legitimate medical purpose yet a high potential for abuse.
Unlike the mushroom, the spores do no contain any psilocybin and are this legal in the majority of States, with the exception of Georgia, California, and Idaho. However, these spores cannot sold if used for the purpose of cultivating hallucinogenic mushrooms. California further bans selling, trading, importing, buying, or giving away the spores.
All states except New Mexico consider growing psilocybin containing mushrooms to be illegal. While New appeals court ruled that growing psilocybin containing mushrooms for personal use could no be classified as manufacturing a controlled substance, federal law still makes it illegal.

Volstead Act

Volstead Act

 
 
 
 
What is the Volstead Act?
 
 
The Volstead Act (formally known as the National Prohibition Act) was the piece of legislation that effectively enabled the Eighteenth Amendment which ultimately established prohibition in the United States. Introduced to Congress in 1919, the Volstead Act was deemed necessary to elucidate on the provisions of the Eighteenth Amendment. 
 
 
The Eighteenth Amendment, which stated that the manufacture, sale or transportation of intoxicating liquors within the United States and all territories subject to the nation is prohibited, was deemed brief and ambiguous in regards to its provisions. The primary question regarding the Amendment revolved around the definition of “intoxicating liquors”. This term, as well as many others, needed specific legal clarification as well as the attachment of penalties for its proper legislation and enforcement to occur. 
 
 
Thus, the required enabling of the Eighteenth Amendment was known as the Volstead Act—the legislation was named after Congressman Andrew Volstead who served as chair of the Senate Judiciary Committee. 
 
 
Although Volstead sponsored the legislation, the Volstead Act was written by Wayne Wheeler of the Anti-Saloon League. Wheeler conceived the Volstad act and drafted the bill to delineate intoxicating liquors and to transform an otherwise obscure piece of legislation to an all-encompassing national bill. 
 
 
The Volstead act was initially vetoed by President Woodrow Wilson on the grounds that the bill violated ethical and constitutional principles. This veto; however, was overridden by the United States Congress on the same day, October 28th of 1919. 
 
 
The Procedure of the Volstead Act:
 
 
As stated before, the Eighteenth Amendment created a basis for the ban alcohol in the United States, but failed to define what drinks were illegal and the attached penalties for producing, supplying or consuming them. When the Volstead Act was accepted by the House on October 28, 1919, it laid-out its three distinct goals:
 
 
• The Volstead Act 1920 aimed to prohibit intoxicating beverages 
 
 
• The Volstead Act 1920 wanted to ensure that an ample supply of alcohol would be present in the nation only to promote its use in research and in the development of dye, fuel and other lawful practices.
 
 
• The Volstead Act 1920 aimed to regulate the production, use and sale of all high-proof drinks and spirits used for alternative purposes.
 
 
The Volstead act 1920 provided that no individual shall manufacture, sell, transport, import or export any liquor except as authorized in the aforementioned provisions. However, the Volstead act did not distinctively prohibit the use of liquors. Furthermore, the Volstead Act defined “intoxicating liquors” to mean any beverage that contained more than 0.5% alcohol by volume. This limit effectively superseded any existing prohibition laws in states that implemented such legislation. 
 
 
The Volstead Act was over 25 pages in length—a considerable upgrade from the 111-word 18th Amendment. That being said, many of the provisions of the legislation were confusing; a number of courts implied different notions to the bill. The day before the Volstead Act was put into effect, various newspapers interpreted the primary provisions to read as such:
 
 
• An individual may drink intoxicating liquors in their place of home or in a friend’s home when you are regarded as a bona fide guest. 
 
 
• An individual may purchase intoxicating liquor if prescribed by a license medical doctor. If a prescription is secured, only a pint every 10 days can be purchased.
 
 
• Any place in which an individual lives in permanently can be concluded as one’s home. If the said individual has more than one home, they are allowed to keep a stock of liquor in each.
 
 
• An individual may keep liquor in a club locker or storage room, provided these areas are exclusive only to the said person
 
 
• If an individual wants to transport liquor, they are required to secure a permit 
 
 
• An individual may manufacture, sell or transport alcoholic beverages for sacramental or non-beverage purposes if the said individual obtains a government permit to do so
 
 
• The carrying of hip flasks are barred by the Volstead Act 1920
 
 
• An individual is barred from bringing liquor to hotels or restaurants and is not allowed to drink in public dining rooms
 
 
• An individual cannot buy or sell formulas nor recipes to produce homemade liquor
 
 
• An individual is barred from manufacturing anything above .5% (liquor’s strength) in one’s home
 
 
• Liquor signs and advertisements for liquor cannot be placed on one’s resident
 
 
• The removing of reserve stocks from storage is illegal
 
 
Enforcement of the Volstead Acts:
 
 
The effects of the Volstead Acts (prohibition) were utterly unexpected. The importation, production and distribution of alcohol were usurped by criminal organizations, which took part in violent gang wars to control the alcohol market. Gangsters, like Al Capone and Tom Dennison grew incredibly wealthy and were admired for their abilities to bring alcohol to the people. Enforcement of the Volstead Act was difficult because these criminal organizations became so powerful and loved that they effectively bribed police officers, judges and politicians. 
 
 
In addition to the cultural shift (the Roaring 20’s popularized cocktails and the cocktail party) and the glorification of mobsters, the Volstead Acts were difficult to enforce because of the numerous exceptions and exemptions found in the bill. For example, the Volstead Acts enabled doctors to prescribe whiskey to ailing patients, but limited the prescribed amount. Subsequently, various political leaders pressured Congress to remove this limit because they questioned the therapeutic value of capped treatments. 
 
 
The Volstead Acts also called for trials for any individual charged with an alcohol-related offense. These trials were largely viewed as a joke, as juries often failed to convict the accused. 
 
 
Ultimately, prohibition lost support as alcohol gained an increasing social acceptation. The provisions of the Volstead acts and the attempted enforcement of said laws spawned distaste for the law and a growth for organized crime units. By the early 1930s public opposition became so overwhelming that Congress sought to pass the Cullen-Harrison Act which legalized beer and wines with 3.2% alcohol—this raised the 0.5% limit instituted by the original Volstead Act 1920. 
 
 
Congress passed a proposed constitutional amendment to repeal Prohibition in December of 1933. The government and coordinating states ratified the Twenty-first Amendment (repealed the Eighteenth Amendment) and rendered the Volstead Act 1920 unconstitutional. This legislative maneuver shifted the control (in terms of regulation) of alcohol to the individual states. 
 
 
 

Pure Food and Drug Act Text

Pure Food and Drug Act Text

 

Labeling Requirements Imposed by the Pure Food and Drug Act:
 
 
The Pure Food and Drug Act of 1906 required that specific drugs (including cocaine, heroin, morphine, marijuana and alcohol) be labeled with the drug’s content and recommended dosage (if applicable). Previous to the passing of the Pure Food and Drug Act, legal medicines were sold as patent medicines and attached with misleading labels or secret ingredients. Today, the Food and Drug Administration regulates over $1trillion of products a year. The FDA ensures the safety of all food except some egg products, poultry and meats. 
 
 
CHAP. 3915-
 
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, 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, from any other State or Territory or the District of Columbia, or form 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, 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.
 
 
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, 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 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
 
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 contains terra alba, barites, 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 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 the 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 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 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 proprietary foods which contain no unwholesome added ingredients 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 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 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, 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
 
 
 
 

 

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