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74TH CONGRESS) S. 5

AN ACT

To prevent the adulteration, misbranding, and
false advertising of food, drugs, devices,
and cosmetics in interstate, foreign, and
other commerce subject to the jurisdiction
of the United States, for the purposes of
safeguarding the public health, preventing
deceit upon the purchasing public, and for
other purposes.

MAY 31, 1935

Referred to the Committee on Interstate and Foreign Commerce

8180

your money back, as was done in the case of Bennett v. Mississippi Power Co., decided by the Supreme Court of Mississippi on April 29, 1935.

CONGRESSIONAL RECORD-HOUSE

I am enclosing some material which I hope you will read carefully.

Sincerely yours,

J. E. RANKIN.

S. 430. An act for the relief of Anna Hathaway; to the Committee on Claims.

S. 490. An act for the relief of F. T. Wade, M. L. Dearing, E. D. Wagner, and G. M. Judd; to the Committee on Claims. S. 578. An act authorizing the Secretary of the Interior to permit citizens of Bear Lake County, Idaho, to obtain timber from Lincoln County, Wyo., for domestic purposes; to the Committee on the Public Lands.

S. 658. An act for the relief of K. W. Boring; to the Committee on Claims.

S. 895. An act to carry out the findings of the Court of Claims in the case of the Atlantic Works, of Boston, Mass.; to the Committee on Claims.

SENATE BILLS REFERRED

Bills of the Senate of the following titles were taken from the Speaker's table and, under the rule, referred as follows: S. 5. An act to prevent the adulteration, misbranding, and false advertising of food, drugs, devices, and cosmetics in interstate, foreign, and other commerce subject to the jurisdiction of the United States, for the purposes of safeguarding the public health, preventing deceit upon the purchasing public, and for other purposes; to the Committee on Interstate and Foreign Commerce.

S. 11. An act to amend section 389, title 18, of the United States Code, being section 239 of the United States Criminal Code; to the Committee on the Judiciary.

S. 12. An act to amend the Packers and Stockyards Act; Committee on Claims. to the Committee on Agriculture.

S. 272. An act for the relief of William Frank Lipps; to the Committee on Military Affairs.

S. 280. An act for the relief of Hazel B. Lowe, Tess H. Johnston, and Esther L Teckmeyer; to the Committee on Claims.

S. 928. An act for the relief of Rene Hooge; to the Committee on Claims.

S. 1010. An act for the relief of Fred Edward Nordstrom; to the Committee on Military Affairs.

S. 1045. An act for the relief of A. Cyril Crilley; to the Committee on Claims.

S. 1046. An act for the relief of E. Jeanmonod; to the Committee on Claims.

S. 1070. An act for the relief of William A. Thompson; to the Committee on Claims.

S. 1326. An act for the relief of Robert A. Dunham; to the Committee on Claims.

S. 1577. An act for the relief of Skelton Mack McCray; to the Committee on Claims.

S. 1604. An act to provide for the better administration of justice in the Navy; to the Committee on Naval Affairs.

S. 1640. An act for the relief of Dan Meehan; to the Committee on Claims.

S. 1793. An act to amend the act entitled "An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California", approved May 18, 1928 (45 Stat. L. 602); to the Committee on Indian Affairs.

S. 1833. An act for the relief of W. L Horn; to the Committee on Military Affairs.

S. 1929. An act to clarify the status of the National Zoological Park; to the Committee on Public Buildings and Grounds.

S. 1943. An act to prescribe the procedure and practice in condemnation proceedings brought by the United States of America, including acquisition of title and the taking of possession under declarations of taking; to the Committee on the Judiciary.

S. 1949. An act authorizing the President to order David J. Fitzgerald before a retiring board for a hearing of his case and upon the findings of such board determine whether he be placed on the retired list; to the Committee on Military Affairs.

MAY 31

S. 1960. An act for the relief of the Florida National Bank & Trust Co., a national banking corporation, as successor trustee for the estate of Phillip Ullendorff, deceased; to the Committee on Claims.

S. 1973. An act to amend section 5 of the act entitled "An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes ", approved March 3, 1925, to authorize the payment of a per diem in connection with naval aerial surveys and flight checking of aviation charts; to the Committee on Naval Affairs.

S. 1977. An act to amend the act approved February 15, 1929, entitled "An act to permit certain warrant officers to count all active service rendered under temporary appointments as warrant or commissioned officers in the Regular Navy, or as warrant or commissioned officers in the United States Naval Reserve Force, for the purpose of promotion to chief warrant rank "; to the Committee on Naval Affairs.

S. 2076. An act for the relief of Domenico Politano; to the

S. 2119. An act for the relief of Amos D. Carver, 8. E. Turner, Clifford N. Carver, Scott Blanchard, P. B. Blanchard, James B. Parse, A N. Blanchard, and W. A. Blanchard, and/or the widows of such of them as may be deceased; to the Committee on Claims.

S. 2168. An act for the relief of the Bell Telephone Co. of Pennsylvania; to the Committee on Claims.

S. 2230. An act to authorize the Secretary of the Navy to acquire a suitable site at Pearl Harbor, Territory of Hawaii, for a rear range light; to the Committee on Naval Affairs.

S. 2259. An act to amend sections 966 and 971 of chapter 22 of the act of Congress entitled "An act to establish a Code of Law for the District of Columbia ", approved March 3, 1901, as amended, and for other purposes; to the Committee on the District of Columbia.

S. 2326. An act to authorize the Secretary of War to sell to the Eagle Pass and Piedras Negras Bridge Co. & portion of the Eagle Pass Military Reservation, Tex., and for other purposes; to the Commitee on Military Affairs.

6. 2361. An act to fix the compensation of registers of district land offices; to the Commitee on the Public Lands.

S. 2364. An act relative to the retirement of certain officers and employees; to the Commitee on the Civil Service.

S. 2373. An act for the relief of Harry Jarrette; to the Committee on Claims.

S. 2374. An act for the relief of Elliott H. Tasso and Emma Tasso; to the Committee on Claims.

S. 2378. An act authorizing the Secretary of the Navy to accept on behalf of the United States a bequest of certain personal property of the late Dr. Malcolm Storer, of Boston, Mass.; to the Committee on Naval Affairs.

S. 2393. An act for the relief of the widow of Ray Sutton; to the Committee on Claims.

S. 2462. An act to provide funds for cooperation with the school board at Worley, Idaho, in the construction of a public-school building to be available to Indian children in the town of Worley and county Kootenai, Idaho; to the Committee on Indian Affairs.

S. 2520. An act for the relief of T. D. Randall & Co.; to the Committee on War Claims.

S. 2584. An act to amend the act entitled "An act to recognize the high public service rendered by Maj. Walter Reed and those associated with him in the discovery of the cause and means of transmission of yellow fever ", approved February 28, 1929, by including therein the name of Gustaf E. Lambert; to the Committee on Military Affairs.

S. 2589. An act to authorize the award of a decoration for distinguished conduct to Lewis Hazard; to the Committee on Military Affairs.

S. 2591. An act for the relief of Lyman C. Drake; to the Committee on the District of Columbia.

S. 2621. An act to provide funds for cooperation with the public-school board at Devils Lake, N. Dak., in the construction, extension, and betterment of the high-school building at Devils Lake, N. Dak., to be available to Indian children; to the Committee on Indian Affairs.

74TH CONGRESS 18T SESSION

H. R. 8805

HOUS

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 1935

Mr. SIROVICH introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce and ordered to be printed

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To protect the consuming public of the United States of America, numbering one hundred and twenty-five million people, and the honest producers and distributors, numbering fifty thousand persons, of food, nonalcoholic or nonintoxicating beverages, drugs, and cosmetics, sold, or offered for sale, in containers or packages, and to prevent the manufacture, shipment, and sale of adulterated or misbranded food, drugs, nonalcoholic and nonintoxicating beverages, and cosmetics, and to regulate traffic therein; to prevent the false or fraudulent advertisement of food, drugs, nonalcoholic and nonintoxicating beverages, 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, (1) That nine months after the passage of this Act.every

4 bulk and separate container or package of food, nonalcoholic

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1 of nonintoxicating beverages, drugs, or cosmetics, produced

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or prepared or processed or packaged or distributed in the

3 United States of America, its Territories, possessions, or

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in the District of Columbia, shall have affixed thereon and

5 thereto a print or label which shall state: "Trade mark

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and label registered in the United States Patent Office.

Formula registered in the Food and Drug Administration."

(2) When the formula, or formulas, of the product is filed for registration in the Food and Drug Administration 10 by the producer, or preparer, or processor, of food, nonalcoholic or nonintoxicating beverages, drugs, or cosmetics,

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the formula, or formulas, shall fully describe the physi13 ological action and properties and proportions, combination or composition of food, nonalcoholic or nonintoxicating 15 beverage, drug, or cosmetic named in the formula, the 16 names of all the active ingredients only being given in full. If the material, or materials, named in the formula or formulas be drugs, the therapeutic action, accepted by 19 recognized authorities, shall be fully stated; if the material or materials be cosmetics or any preparation intended for use in improving the appearance of the user, the action, after external application, of the simple form or of the 23 compound, composition, or combination of the material or materials shall be fully stated.

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(3) On receipt of the information herein required, 2 together with specimens or samples of sufficient quantity 3 for all tests of the product of the food, nonalcoholic or non4 intoxicating beverages, drugs, and cosmetics, and accurate. 5 copies of the prints, label, labels, and labeling purposed to be used by the applicant on or in the containers or packages

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of food, nonalcoholic or nonintoxicating beverages, drugs,

or cosmetics, which prints, label, labels, and labeling shall 9 truthfully state the authoritative accepted use and physi10 ological action of the material or materials described in the formula or formulas, the Food and Drug Administration shall make chemical analysis, or other necessary examina13 tion, for which the applicant shall pay a minimum fee of $1 and a maximum fee of $10, of the specimen or sample material or materials submitted, and of similar material or

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materials purchased in the open market, if obtainable, and shall compare the material or materials submitted and pur18 chased with the formula or formulas, submitted by the 19 applicant to determine

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(1) if the material or materials described in the formula, or formulas, or in the prints, label, labels, or labeling and offered or purposed to be offered for public or private sale, or sold, are not harmful to the

average human system if taken or applied by self

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