Thirtieth Congress,
thiFirst Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.

^Strike out all in ? [clause?] 5^

That from and after the passage of this Act, all drugs, medicines, medicinal preparations, including medicinal essential oils, and chemical preparations used wholly or in part as medicine, imported into the United States from abroad, shall, before passing the Custom House; be examined and appraised, as well in strict reference to their quality, purity and fitness for medicinal purposes as to their value and corresponding identity called for on the Invoice.

Sec. 2. And be it further enacted, That all medicinal preparations, whether chemicals or otherwise, shall under penalty of confiscation, be imported with the true name of the manufacturer, and of the place where manufactured, permanently and legibly fixed upon each parcel by stamp, label, or otherwise.

Sec. 3. And be it further enacted, That if on examination, any drugs, medicines, medicinal preperations, whether chemical or otherwise, including medicinal essential oils, are found in the opinion of the examiner, to be so far adulterated, or in any way deteriorated, as to render them inferior in strength and purity to the

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standard established by the United States, Edinburgh, London, French and German Pharmacopoeias and Dispensatories, thereby rendering them improper, unsafe, and dangerous as a medicine, a return to that effect shall be made upon the Invoice, and the articles so noted, shall not pass the Custom House, unless on a re-examination of a strictly analytical character, called for by the owner or consignees, the return, of the examiner be not strictly sustained.

Sec. 4. And be it further enacted, That the owner or consignee, shall at all times when dissatisfied with the examiners return, have the privilege of calling at his own expense, a re-examination, and by depositing with the collector the requisite amount to defray such expense; it shall be the duty of that officer to procure some competent analytical chemist, having the confidence of the medical profession generally, as well as of the colleges of pharmacy and medicine where such exist in the State where the collection district is situated, who shall make a careful analysis of the articles in question, and a report under oath upon the same, and should the report, which shall be final, declare the return of the examiner to be erroneous, and the said articles to be of the requisite strength and purity, in accordance with the standards named in this act, the entire invoice shall be passed without reservation, on payment of the customary duties, within the time prescribed by law; but should the examiner’s

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return be sustained by said analysis and report, the articles so condemned, shall remain in charge of the Collector for the term of six months, during which time the owner or consignee, on payment of the necessary charges for storage &c. and on giving the usual bond to the Collector, shall have the privilege of exporting and returning the same to. the original owner or owners, but should ^^ the condemned and rejected merchandise not be sent out of the United States and returned to the country from whence they were imported, during the time specified, ^^ it shall be the duty of the collector at the expiration of that time to have the same destroyed, holding the owner or consignee responsible to the government, for the payment of all charges, the same as if the goods had been imported.

Sec. 5. And be it further enacted, That in order to carry out effectually the intention of this act the Secretary of the Treasury is authorized and required to appoint suitably qualified persons, as special examiners of drugs, medicines, chemicals &c. namely: one examiner in each of the ports of New York, Boston, Philadelphia, Baltimore, Charleston, and New Orleans, at the following salaries to wit: at New York, Two ^^ thousand dollars, per annum: and at the other ports ^^ named, Twelve hundred dollars per annum—at the same time giving such instructions to the collectors of the customs in the minor collection districts, relative

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to the requirements of this act, as he may deem best calculated to protect and advance the public interest, which said salaries shall be paid each year quarterly, out of any monies in the treasury not otherwise appropriated.

Sec. 6. And be it further enacted, That these special examiners shall, before entering on their duties, subscribe on oath or affirmation, faithfully and diligently to perform such duties &c. in accordance with the requirements of Section ten of the tariff act of eighteen hundred and forty six.

Resolved, That the Bill from the House of Representatives entitled
“An Act prohibiting the importation of adulterated deteriorated and misnamed medicines” do pass with the following

Amendments:—

Strike out all after the enacting clause and insert in lieu thereof as follows:—

That from and after the passage of this act all drugs, medicines, medicinal preparations, including medicinal essential oils and chemical preparations used wholly or in part as medicine, imported into the United States from abroad, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes as to their value and identity specified in the invoice.

Sec. 2 And be it further enacted, That all medicinal preparations, whether chemical or otherwise, usually imported with the name of the manufacturer,

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shall have the true name of the manufacturer, and the place where they are prepared, permanently and legibly affixed to each parcel by stamp, label, or otherwise; and all medicinal preparations imported without such names affixed, as aforesaid, shall be adjudged to be forfeited.

Sec. 3. And be it further enacted, That if, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated as to render them inferior in strength and purity to the standard established by the United States, Edinburg, London, French and German pharmacopoeias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medecinal purposes, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom house, unless, on a re-examination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous; and it shall be declared, as the result

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of such analysis; that the said articles may properly, safely and without danger, be used for medicinal purposes.

Sec. 4. And be it further enacted, That the owner or consignee shall, at all times, when dissatisfied with the examiner’s return, have the privilege of calling, at his own expense for a re-examination; and on depositing with the collector such sum as the latter may deem sufficient to defray such expanse, it shall be the duty of that officer to procure some competent analytical chemist, possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection district is situated, a careful analysis of the articles included in said return and a report upon the same under oath; and in case the report, which shall be final, shall declare the return of the examiner to be erroneous and the said articles to be of the requisite strength and purity, according to the standards referred to in the in the next preceding section of this act, the entire invoice shall be passed,

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without reservation, on payment of the customary duties; but, in case the examiner’s return shall be sustained by the analysis and report, the said articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector, to land said articles out of the limits of the United States, shall have the privilege of re-exporting them at any time within the period of six months after the report of the analysis. But, if the said articles shall not be sent out of the United States within the time specified, it shall be the duty of the collector, at the expiration of said time, to cause the same to be destroyed, holding the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if said articles had been re-exported.

Sec. 5 And be it further enacted, That in order to carry into effect the provisions of this act, the Secretary of the Treasury is hereby authorized and required to appoint suitably qualified

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persons as special examiners of drugs, medecines, chemicals, and so forth, namely, one examiner in each of the ports of New-York, Boston, Philadelphia, Baltimore, Charleston, and New Orleans, with the following salaries, viz: at New York sixteen hundred dollars per annum, and at each of the other ports above named, one thousand dollars per annum which said salaries shall be paid each year, quarterly, out of any moneys in the Treasury not otherwise appropriated. And it shall be the duty of the said Secretary to give such instructions to the collectors of the customs in the other collection districts as he may deem necessary to prevent the importation of adulterated and spurious drugs and medicines.

Sec. 6. And be it further enacted, That the special examiners to be appointed under this act shall, before entering on the discharge of their duties, take and subscribe the oath or affirmation required by the ninth section of the act of the thirtieth of July eighteen hundred and forty-six, entitled “An act reducing the duty on imports, and for other purposes.[”]

Sec. 7. And be it further enacted, That the special examiners authorized

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to be appointed by the fifth section of this act, shall, if suitably qualified persons can be found, be taken from the officers now employed in the respective collection districts, and if new appointments shall be necessary, for want of such persons, then, as soon as it can be done consistently with the efficiency of the service, the officers in said districts shall be reduced so that the present number of said officers shall not be permanently increased by reason of such new appointments.

Amend the title by striking out all after the words “An act” and inserting
“to prevent the importation of adulterated and spurious drugs and medicines”