73D CONGRESS 18T SESSION

S. 1944

IN THE SENATE OF THE UNITED STATES

JUNE 6 (calendar day, JUNE 12), 1933

Mr. COPELAND introduced the following bill; which was read twice and referred to the Committee on Commerce

A BILL

To prevent the manufacture, shipment, and sale of adulterated or misbranded food, drugs, and cosmetics, and to regulate traffic therein; to prevent the false advertisement of food, drugs, and cosmetics, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 8 That this Act may be cited as the "Federal Food and 4 Drugs Act."

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DEFINITIONS

SEC. 2. As used in this Act, unless the context other

wise indicates

(a) The term "food" includes all substances and

9 preparations used for, or entering into the composition of,

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1 food, drink, confectionery, or condiment for man or other 2 animals.

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(b) The term drug" includes (1) all substances

and preparations recognized in the United States Pharma

5 copia or National Formulary or supplements thereto;

6 and (2) all substances, preparations, and devices intended

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for use in the cure, mitigation, treatment, or prevention

8 of disease in man or other animals; and (3) all substances

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and preparations, other than food, and all devices, intended to affect the structure or any function of the body of man or other animals.

(c) The term "cosmetic" includes all substances and 13 preparations intended for cleansing, or altering the appearance of, or promoting the attractiveness of, the person. 15 Except as indicated in paragraph (b) (3) of this section, 16 the definitions of food, drug, and cosmetic shall not be construed as mutually exclusive.

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(d) The term "territory" means any territory or 19 possession of the United States.

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(e) The term "interstate commerce means (1) commerce between any State or Territory and any place

outside thereof, or betw points within the same State or 23 Territory but through any place outside thereof, and (2) 24 commerce and manufacture within the District of Columbia

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1 or the Canal Zone or within any territory not organized

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(g) The term "Secretary" means the Secretary of

6 Agriculture.

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(h) The term "label" means the principal label or labels (1) upon the immediate container of any food, drug,

or cosmetic, and (2) upon the outside container or wrapper, if any there be, of the retail package of any food, drug, or cosmetic.

(i) The term "labeling" includes all labels and other written, printed, and graphic matter, in any form whatsoever, accompanying any food, drug, or cosmetic.

(j) The term "advertisement

" includes all repre

16 sentations of fact or opinion disseminated in any manner

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or by any means other than by the labeling.

(k) The term "in package form" includes wrapped

19 meats enclosed in paper or other materials as prepared by

20 the manufacturers thereof for sale.

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ADULTERATION OF FOOD

SEC. 3. A food shall be deemed to be adulterated

(a) (1) If it is or may be dangerous to health; or

24 (2) if it bears or contains any added poisonous or added

1 deleterious substance prohibited, or in excess of the limits

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of tolerance prescribed, by regulations as hereinafter pro3 vided; or (3) if it consists in whole or in part of any 4 filthy, putrid, or decomposed substance; or (4) if it has 5 been prepared, packed, or held under insanitary conditions 6 whereby it may have become contaminated with filth; or (5) if it is the product of a diseased animal or of an animal 8 which has died otherwise than by slaughter; or (6) if its

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9 container is composed of any poisonous or deleterious sub

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stance which may by contamination render the contents 11 injurious to health.

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(b) (1) If any valuable constituent has been in whole

or in part abstracted therefrom; or (2) if any substance has 14 been substituted wholly or in part therefor; or (3) if dam15 age or inferiority has been concealed in any manner; or (4) if any substance has been mixed or packed therewith so as to increase its bulk or weight, or reduce its quality

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or strength, or create a deceptive appearance.

(c) If it is confectionery and bears or contains any 20 alcohol, resinous glaze, or nonnutritive substance except

21 coloring and flavoring.

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(d) If it contains a coal-tar color other than one from a batch that has been certified by the Secretary in accordance with regulations as hereinafter provided.