relating to the administration of the Insecticide Act of 1910 and the Naval Stores Act, were transferred to the Federal Security Agency, to be administered under the direction and supervision of the Federal Security Administrator, by 1940 Reorg. Plan No. IV, set out in the Appendix to Title 5. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43, 45 of this title. § 43. Standards of purity; duplicate samples at customhouses and for importers and dealers. The Secretary of Health, Education, and Welfare, upon the recommendation of the board of experts provided in section 42 of this title, shall fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported into the United States, and shall procure and deposit in the customhouses of the ports of New York, Chicago, San Francisco, and such other ports as he may determine, duplicate samples of such standards. Said Secretary shall procure a sufficient number of other duplicate samples of such standards to supply the importers and dealers in tea at all ports desiring the same at cost. All teas, or merchandise described as tea, of inferior purity, quality, and fitness for consumption to such standards shall be deemed within the prohibition of section 41 of this title. (Mar. 2, 1897. ch. 358, § 3, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV. § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 42 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 41, 45 of this title. § 44. Bonds of importers; examination; importations at ports having no examiner. On making entry at the customhouse of all teas, or merchandise described as tea, imported into the United States, the importer or consignee shall give a bond to the collector of the port that such merchandise shall not be removed from the warehouse until released by the collector, after it shall have been duly examined with reference to its purity, quality, and fitness for consumption. For the purpose of such examination samples of each line in every invoice of tea shall be submitted by the importer or consignee to the examiner, together with the sworn statement of such importer or consignee that such samples represent the true quality of each and every part of the invoice and accord with the specifications therein contained; or in the discretion of the Secretary of Health, Education, and Welfare, such samples shall be obtained by the examiner and compared by him with the standards established by this chapter. In cases where said tea, or merchandise described as tea, is entered at ports where there is no qualified examiner as provided in section 46 of this title, the consignee or importer shall in the manner aforesaid furnish under oath a sample of each line of tea to the collector or other revenue officer to whom is committed the collection of duties, and said officer shall also draw or cause to be drawn samples of each line in every invoice and shall forward the same to a duly qualified examiner as provided in said section. The bond required by this section shall also be conditioned for the payment of all customhouse charges which may attach to such merchandise prior to its being released or destroyed (as the case may be) under the provisions of this chapter. (Mar. 2, 1897, ch. 358, § 4, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 42 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 45, 46 of this title. § 45. Permit for delivery; retention of inferior grades; reexamination; partial delivery. If, after an examination as provided in section 44 of this title, the tea is found by the examiner to be equal in purity, quality, and fitness for consumption to the standards provided in sections 41 to 44 of this title, and no reexamination shall be demanded by the collector as provided in section 47 of this title, a permit shall at once be granted to the importer or consignee declaring the tea free from the control of the customs authorities; but if on examination such tea, or merchandise described as tea, is found, in the opinion of the examiner, to be inferior in purity, quality, and fitness for consumption to the said standards the importer or consignee shall be immediately notified, and the tea, or merchandise described as tea, shall not be released by the customhouse, unless on a reexamination called for by the importer or consignee the finding of the examiner shall be found to be erroneous. Should a portion of the invoice be passed by the examiner, a permit shall be granted for that portion and the remainder held for further examination, as provided in said section 47. (Mar. 2. 1897, ch. 358, § 5, 29 Stat. 605.) § 46. Examiners; examination according to usages of trade. The examination provided for by this chapter shall be made by a duly qualified examiner at a port where standard samples are established, and where the merchandise is entered at ports where there is no qualified examiner, the examination shall be made at that one of said ports which is nearest the port of entry, and that for this purpose samples of the merchandise, obtained in the manner prescribed by section 44 of this title, shall be forwarded to the proper port by the collector or chief officer at the port of entry. In all cases of examination or reexamination of teas, or merchandise described as tea, by examiners or the United States Board of Tea Appeals under the provisions of this chapter, the purity, quality, and fitness for consumption of the same shall be tested according to the usages and customs of the tea trade, including the testing of an infusion of the same in boiling water, and, if necessary, chemical analysis. (Mar. 2, 1897, ch. 358, § 7, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 44 of this title. § 46a. Deposit of fee before examination of tea. On and after July 1, 1940, no tea, or merchandise described as tea, shall be examined for importation into the United States, or released by the Collector, under this chapter unless the importer or consignee of such tea or merchandise, prior to such examination, has paid for deposit into the Treasury of the United States as miscellaneous receipts, a fee of 3.5 cents for each hundred weight or fraction thereof of such tea and merchandise. (June 27, 1940, ch. 437, title I, 54 Stat. 632; July 1, 1941, ch. 269, title II, 55 Stat. 478.) CODIFICATION Section was not enacted as part of act Mar. 2, 1897, ch. 358, 29 Stat. 604, which comprises this chapter. AMENDMENTS 1941-Act July 1, 1941, reenacted section without change. § 47. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades. In case the collector, importer, or consignee shall protest against the finding of the examiner, the matter in dispute shall be referred for decision to the United States Board of Tea Appeals, to consist of three employees of the Department of Health, Education, and Welfare, to be designated by the Secretary of Health, Education, and Welfare. If such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if upon such final reexamination by such board the tea shall be found to be inferior in purity, quality, and fitness for consumption to the said standards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, or merchandise described as tea, out of the limits of the United States within a period of six months after such final reexamination; and if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. (Mar. 2, 1897, ch. 358, § 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. Transfer of the Food and Drug Administration and its functions to the Federal Security Agency, see note under section 42 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 45 of this title. § 48. Reexamination; findings by examiner; assistance of experts. In cases of reexamination of teas, or merchandise described as teas, by the United States Board of Tea Appeals in pursuance of the provisions of this chapter, samples of the tea, or merchandise described as tea, in dispute, for transmission to such board for its decision, shall be put up and sealed by the examiner in the presence of the importer or consignee if he so desires, and transmitted to such board, together with a copy of the finding of the examiner, setting forth the cause of condemnation and the claim or ground of the protest of the importer relating to the same, such samples, and the papers therewith, to be distinguished by such mark that the same may be identified. The decision of such board shall be in writing, signed by them, and transmitted, together with the record and samples, within three days after the rendition thereof, to the collector, who shall forthwith furnish the examiner and the importer or consignee with a copy of said decision or finding. The United States Board of Tea Appeals shall be authorized to obtain the advice, when necessary, of persons skilled in the examination of teas, who shall each receive for his services in any particular case a compensation not exceeding $5. (Mar. 2, 1897, ch. 358, § 8, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712.) § 49. Reimporting rejected teas; forfeiture. No imported teas which have been rejected by a customs examiner or by the United States Board of Tea Appeals, and exported under the provisions of this chapter, shall be reimported into the United States under the penalty of forfeiture for a violation of this prohibition. (Mar. 2, 1897, ch. 358, § 9, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712.) § 50. Regulations. The Secretary of Health, Education, and Welfare shall have the power to enforce the provisions of this chapter by appropriate regulations. (Mar. 2, 1897, ch. 358, § 10, 29 Stat. 607; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and 62. 63. Same; manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. Same; penalty for violations of law; acts, omissions, and so forth, of agents. 64. Same; regulations for enforcement. FEDERAL FOOD, Drug, AND COSMETIC ACT By virtue of act June 25, 1938, ch. 675, § 902 (c), 52 Stat. 1059, [section 392(b) of this title] nothing contained in chapter 9 of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of sections 61-64 of this title. BUREAU OF DAIRY INDUSTRY General provisions, see sections 401-404 of Title 7, Agriculture. § 61. Filled milk; definitions. Whenever used in this chapter (a) The term "person" includes an individual partnership, corporation, or association; (b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and (c) The term "filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream where such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in individual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them. (Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.) SECTION REFERRED TO IN OTHER SECTIONS § 62. Same; manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. It is declared that filled milk, as defined in section 61 of this title, is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. (Mar. 4, 1923, ch. 262. § 2, 42 Stat. 1487.) § 63. Same; penalty for violations of law; acts, omissions, and so forth, of agents. Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.) CODIFICATION The original text of this section contained a further provision that no penalty should be enforced for any violation occurring within 30 days after act Mar. 4, 1923 became law and was omitted as temporary and obsolete. § 64. Same; regulations for enforcement. The Secretary of Health, Education, and Welfare is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Insecticide Act of 1910 and the Naval Stores Act, were transferred to the Federal Security Agency, to be administered under the direction and supervision of the Federal Security Administrator, by 1940 Reorg. Plan No. IV, set out in the Appendix to Title 5. Expenses for arrest and eradication of contagious or infectious diseases of animals; transfer of appropriations. Pleuropneumonia in District of Columbia; duties of District of Columbia Council. Fences along international boundary lines to keep out diseased animals. Inspection of dairy products for export. Definitions. Seizure, quarantine, and disposal of livestock or poultry to guard against introduction or dissemination of communicable disease. (a) (b) (c) Authority of Secretary. Determination of extraordinary emer gency due to dangerous communicable State or other jurisdiction; notice to Notice to owner to quarantine or to dispose of animal, carcass, product, or article; action on failure to comply; costs. (d) Compensation of owner; fair market value; payments from State or other source; availability of funds. (e) Restriction on payment of compensation in cases of violation of law or regulation. 134b. Regulations for clean and sanitary movement of animals. 134c. Regulations for movement of animals affected or exposed to communicable disease. 114d-3. Same; uses of funds. 114d-4. Same; governments of Central America. 114d-5. Same; cooperation with public and private organizations and individuals. lishment; acceptance of gifts; cooperation with breeders' organizations; collection of fees. Authorization of appropriations. IMPORTATION OF MILK AND CREAM Prohibition of importation without permit. Milk or cream when unfit for importation. Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits. Unlawful receiving of imported milk or cream. Penalties. Appropriations. 147. Repeal of inconsistent laws. Sections 97-97d, act July 30, 1947, ch. 356, title I, § 1, 61 Stat. 531, 532, set up a meat inspection fund and provided for payment for meat inspection service by the persons or organizations who were furnished such inspection on and after July 1, 1947. These provisions ceased to be effective on July 1, 1948, under section 98 of this title which requires the cost of such inspection to be borne by the United States. The unobligated balance in the meat inspection fund was carried to the general fund of the Treasury by act June 19, 1948, ch. 543, § 1, 62 Stat. 515. § 98. Payment of cost of meat-inspection service; exception. CODIFICATION Section transferred to section 695 of this title. § 99. Repealed. July 28, 1953, ch. 251, title I, § 101, 67 Stat. 208. Section, act Aug. 31, 1951, ch. 374, title I, § 101, 65 Stat. 229, related to reimbursement for excess expenses of meat inspection. IMPORTATION OF CATTLE AND QUARANTINE § 101. Suspension of importation of all animals. Whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. (Aug. 30, 1890, ch. 839, § 9, 26 Stat. 416.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 102, 103, 105 of this title. § 102. Quarantine of imported animals. The Secretary of Agriculture is authorized, at the expense of the owner, to place and retain in quarantine all neat cattle, sheep, and other ruminants, and all swine, imported into the United States, at such ports as he may designate for such purpose, and under such conditions as he may by regulation prescribe, respectively, for the several classes of animals above described. For this purpose he may have and maintain possession of all lands, buildings, animals, tools, fixtures, and appurtenances in use on August 3, 1890, for the quarantine of neat cattle, and purchase, construct, or rent as may be necessary, and he may appoint veterinary surgeons, inspectors, offcers, and employees by him deemed necessary to maintain such quarantine, and provide for the execution of the other provisions of sections 101 to 105 of this title. (Aug. 30, 1890, ch. 839, § 7, 26 Stat. 416.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 103, 105 of this title. § 103. Importation, except at quarantine ports, prohibited; slaughter of infected animals; appraisal; payment. The importation of all animals described in sections 101 to 105 of this title into any port in the United States, except such as may be designated by the Secretary of Agriculture, with the approval of the Secretary of the Treasury, as quarantine stations, is prohibited. The Secretary of Agriculture may cause to be slaughtered such of the animals named in said sections as may be, under regulations prescribed by him, adjudged to be infected with any contagious disease, or to have been exposed to infection so as to be dangerous to other animals. The value of animals so slaughtered as being so exposed to infection but not infected may be ascertained by agreement of the Secretary of Agriculture and the owners thereof if practicable; otherwise, by the appraisal by two persons familiar with the character and value of such property, to be appointed by the Secretary of Agriculture, whose decision, if they agree, shall be final; otherwise, the Secretary of Agriculture shall decide between them, and his decision shall be final. The amount of the value thus ascertained shall be paid to the owner thereof out of money in the Treasury appropriated for the use of the Bureau of Animal Industry; but no payment shall be made for any animal imported in violation of the provisions of said sections. If any animal subject to quarantine according to the provisions of said sections are brought into any port of the United States where no quarantine station is established, the collector of such port shall require the same to be conveyed, by the vessel on which they are imported or are found to the nearest quarantine station, at the expense of the owner. (Aug. 30, 1890, ch. 839, § 8, 26 Stat. 416.) TRANSFER OF FUNCTIONS Functions of the Bureau of Animal Industry were transferred to the Secretary of Agriculture by 1947 Reorg. Plan., No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952, set out in the Appendix to Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 102, 105 of this title. § 104. Importation of diseased animals prohibited; exception. The importation of cattle, sheep, and other ruminants, and swine, which are diseased or infected with |