food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

Mixtures or compounds under distinctive names.

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.

Articles labeled, branded, etc., as compounds, imitations, or blends; construction of term "blend "; exemption from disclosure of trade formulas of proprietary foods.

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 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.

Act June 30, 1906, c. 3915, s. 8, 34 Stat: 770, as amended by "An act to amend section eight of the food and drugs act approved June thirtieth, nineteen hundred and six," act August 23, 1912, c. 352, 37 Stat. 416. The section is amended by the act cited, to read as above, by adding to that part defining what shall be misbranding in the case of drugs, the third paragraph, relating to false and fraudulent statements, etc., as to curative or therapeutic properties.

Guaranty signed by wholesaler, jobber, manufacturer, etc., as protection to dealer from prosecution under provisions of act.

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.

Act June 30, 1906, c. 3915, s. 9, 34 Stat. 771.

Seizure of articles adulterated or misbranded within act, in interstate or foreign commerce, etc., for condemnation; disposition of articles condemned and of proceeds thereof; delivery to owner on bond, etc.; proceedings for seizure and condemnation.

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.

Act June 30, 1906, c. 3915, s. 10, 34 Stat. 771.

Examination of samples of foods and drugs imported, etc., on notice to owner or consignee; refusal of admission and delivery to consignee of articles adulterated or misbranded, or dangerous to health, or forbidden entry or sale or restricted in sale in the country where made, etc.; delivery of goods to consignee pending examination and decision on bond, etc.; charges for storage, etc., on goods refused admission, and lien therefor against subsequent importation.

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

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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.

Act June 30, 1906, c. 3915, s. 11, 34 Stat. 772.

Previous provisions somewhat similar to those of this section accompanied appropriations for the Bureau of Chemistry in the annual agricultural appropriation acts for the fiscal year 1907 and previous fiscal years, but are omitted from the acts for subsequent years. The pro

visions of the act for the fiscal year 1907, act June 30, 1906, c. 3913, are set forth on p. 185, ante.

Term "Territory" in act to include insular possessions; construction of word 'person " in act; liability of corporations, etc., for acts, omissions, etc., of officers, agents, employees, etc.

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.

Act June 30, 1906, c. 3915, s. 12, 34 Stat. 772.

Time of taking effect of act.

SEC. 13. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and seven.

Act June 30, 1906, c. 3915, s. 13, 34 Stat. 772.

Annual appropriations for all expenses necessary to carry into effect the provisions of this act are made in the agricultural appropriation acts for the fiscal year 1908 and thereafter. The provision of the act for the fiscal year 1913 is set forth on p. 196, post.

ACT MAY 23, 1908, c. 192. (35 Stat. 251.)

Report to Congress of payments to State, county, or municipal officers, etc.

* * That hereafter any sum used for compensation of or payment of expenses to any officer or other person employed by any State, county, or municipal government, shall be reported to Congress in detail, on the first Monday of December of each year.

Act May 23, 1908, c. 192, 35 Stat. 261.

This is a proviso annexed to appropriations for "General expenses, Bureau of Chemistry," in the agricultural appropriation act for the fiscal year 1909, cited above. A similar proviso, without the word hereafter," accompanied the appropriations for the purposes mentioned in the similar appropriation act for the preceding fiscal year.

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ACT AUGUST 10, 1912, c. 284. (37 Stat. 269.)

SALARIES, BUREAU OF CHEMISTRY: One chemist, who shall be chief of bureau, five thousand dollars; one chief clerk, two thousand dollars; one executive clerk, two thousand dollars; five clerks, class four; seven clerk, class three; one clerk, one thousand four hundred and forty dollars; twelve clerks, class two; one clerk, one thousand three hundred dollars; eighteen clerks, class one; thirteen clerks, at one thousand and twenty dollars each; eleven clerks, at one thousand dollars each; eighteen clerks, at nine hundred dollars each; one clerk, eight hundred and forty dollars; one assistant property custodian, nine hundred dollars; one chief food and drug inspector, three thousand dollars; one food and drug inspector, two thousand two hundred and fifty dollars; nine food and drug inspectors, at two thousand dollars each; thirteen food and drug inspectors, at one thousand eight hundred dollars each; one food and drug inspector, one thousand six hundred and twenty dollars; eleven food and drug inspectors, at one thousand six hundred dollars each; eight food and drug inspectors, at one thousand four hundred dollars each; two laboratory helpers, at one thousand two hundred dollars each; one laboratory helper, one thousand and twenty. dollars; four laboratory helpers, at one thousand dollars each; four laboratory helpers, at nine hundred and sixty dollars each; two laboratory helpers, at nine hundred dollars each; six laboratory helpers, at eight hundred and forty dollars each; two laboratory helpers, at seven hundred and eighty dollars each; twenty laboratory helpers, messengers, or laborers, at seven hundred and twenty dollars each; two laboratory helpers, messengers, or laborers, at six hundred and sixty dollars each; twenty-four laboratory helpers, messengers, or laborers, at six hundred dollars each; one laboratory assistant, one thousand two hundred dollars; one tool maker, one thousand two hundred dollars; one janitor, one thousand and twenty dollars; one student assistant, three hundred dollars; two messengers, at eight hundred and forty dollars each; one skilled laborer, one thousand and fifty dollars; one skilled laborer, eight hundred and forty dollars; two messenger boys or laborers, at five hundred and forty dollars each; eight messenger boys or laborers, at four hundred and eighty dollars each; three messenger boys or laborers, at four hundred and twenty dollars each; one messenger boy or laborer, three hundred and sixty dollars; six charwomen, at two hundred and forty dollars each; in all, two hundred and fifty-four thousand six hundred and sixty dollars.

GENERAL EXPENSES, BUREAU OF CHEMISTRY: For necessary expenses in conducting the investigations contemplated by the Act of May fifteenth, eighteen hundred and sixty-two, relating to the application of chemistry to agriculture, and to continue collaboration with other departments of the Government desiring chemical investigations and whose heads request the Secretary of Agriculture for such assistance, and for other miscellaneous work, as follows:

For chemical apparatus, chemicals and supplies, repairs to apparatus, gas, electric current, official traveling expenses, telegraph and telephone service, express and freight charges, thirty thousand dollars;

For the employment of such assistants, clerks, and other persons as the Secretary of Agriculture may consider necessary for the purposes

named, in the city of Washington and elsewhere, in conducting investigations, collating and reporting the results of such investigations, and for the rent of buildings outside of the District of Columbia, fifty-five thousand dollars;

For investigating the character of the chemical and physical tests which are applied to American food products in foreign countries, and for inspecting the same before shipment when desired by the shippers or owners of these products intended for countries where chemical and physical tests are required before the said products are allowed to be sold therein, and for all necessary expenses in connection with such inspection and studies of methods of analysis in foreign countries, four thousand two hundred and eighty dollars;

In all, for general expenses, eighty-nine thousand two hundred and eighty dollars.

ENFORCEMENT OF THE FOOD AND DRUGS ACT: For enabling the Secretary of Agriculture to carry into effect the provisions of the Act of June thirtieth, nineteen hundred and six, entitled "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," in the city of Washington and elsewhere, including chemical apparatus, chemicals and supplies, repairs to apparatus, gas, electric current, official traveling expenses, telegraph and telephone service, express and freight charges, and all other expenses, employing such assistants, clerks, and other persons as may be considered necessary for the purposes named, and rent outside of the District of Columbia, six hundred and twenty-five thousand dollars.

Total for Bureau of Chemistry, nine hundred and sixty-eight thousand nine hundred and forty dollars.

Act August 10, 1912, c. 284, 37 Stat. 288.

These are provisions of the agricultural appropriation act for the fiscal year 1913, cited above.

BUREAU OF SOILS.

ACT JUNE 3, 1902, c. 985. (32 Stat. 286.)
Establishment of bureau.

All existing statutes relating to the Division of Soils, reorganized into the Bureau of Soils, not otherwise repealed, are continued in effect as applying to the said bureau, by a proviso annexed to the agricultural appropriation act for the fiscal year 1903, cited above, set forth on p. 11,

ante.

ACT MARCH 2, 1901, c. 805. (31 Stat. 922.)

Chief of bureau.

**

* One soil physicist who shall be Chief of Bureau,

Act March 2, 1901, c. 805, 31 Stat. 931.

This is a provision of the agricultural appropriation act for the fiscal year 1902, cited above. Provisions in the same words are contained in the similar acts for subsequent fiscal years. The provision in the act for the fiscal year 1913 is set forth below.

ACT AUGUST 10, 1912, c. 284. (37 Stat. 269.)

SALARIES, BUREAU OF SOILS: One soil physicist, who shall be chief of bureau, four thousand dollars; one chief clerk, two thousand dol