Page:United States Statutes at Large Volume 52.djvu/1099

 PUBLIC LAWS-CH. 675-JUNE 25, 1938 Dissemination of in- formation regarding food, drugs, etc. Cost of certification of coal-tar colors. Chapter VIII-Im- ports and exports. Examination of im- ported foods, etc. Articles manufac- tured, etc., under in- sanitary conditions. Sale forbidden in exporting, etc., coun- try. Adulterated, mis- branded, etc. Ante, p. 1052. Admission of nar- cotic drugs. 42 Stat. 596. 211. S. C. §173. Destruction of in- admissible articles; ex- ception. Provisos. Delivery pending examination. Bond. Charges. Food, etc., for ex- port; when deemed not adulterated, etc. (b) The Secretary may also cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the Secretary, imminent danger to health or gross deception of the consumer. Nothing in this section shall be construed to prohibit the Secretary from collecting, reporting, and illustrating the results of the investigations of the Department. COST OF CERTIFICATION OF COAL-TAR COLORS SEC. 706. The admitting to listing and certification of coal-tar colors, in accordance with regulations prescribed under this Act, shall be performed only upon payment of such fees, which shall be specified in such regulations, as may be necessary to provide, main- tain, and equip an adequate service for such purposes. CHAPTER VIII-IMPORTS AND EXPORTS SEc. 801. (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request, samples of food, drugs, devices, and cosmetics which are being imported or offered for import into the United States, giving notice thereof to the owner or con- signee, who may appear before the Secretary of Agriculture and have the right to introduce testimony. If it appears from the exami- nation of such samples or otherwise that (1) such article has been manufactured, processed, or packed under insanitary conditions, or (2) such article is forbidden or restricted in sale in the country in which it was produced or from which it was exported, or (3) such article is adulterated, misbranded, or in violation of section 505, then such article shall be refused admission. This paragraph shall not be construed to prohibit the admission of narcotic drugs the importation of which is permitted under section 2 of the Act of May 26, 1922, as amended (U. S . C., 1934 edition, title 21, sec. 173). (b) The Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any such article refused admission, unless such article is 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: Pro- vided, That the Secretary of the Treasury may deliver to the con- signee any such article pending examination and decision in the matter on execution of a bond as liquidated damages for the amount of the full invoice value thereof together with the duty thereon and on refusing for any cause to return such article or any part thereof to the custody of the Secretary of the Treasury when demanded for the purpose of excluding it from the country or for any other pur- pose, such consignee shall forfeit the full amount of the bond as liquidated damages. (c) All charges for storage, cartage, and labor on any article which is refused admission or delivery shall be paid by the owner or con- signee and in default of such payment shall constitute a lien against any future importations made by such owner or consignee. (d) A food, drug, device, or cosmetic intended for export shall not be deemed to be adulterated or misbranded under this Act if it (1) accords to the specifications of the foreign purchaser, (2) is not in conflict with the laws of the country to which it is intended for export, and (3) is labeled on the outside of the shipping package to show that it is intended for export. But if such article is sold or offered for sale in domestic commerce, this subsection shall not exempt it from any of the provisions of this Act. 1058 [52 STAT.

�