Wiley is now made chief inspector, chief examiner, instigator of the charge, prosecutor, jury and judge; and if any manufacturer dares cry out against such an unjust condition he is met with the cry from Wiley and the Wiley press: "He is an adulteror and a dopester..." And all this power in the hands of a man who says: "I am the spirit and essence of the pure food and drug law, and without me there would be no law." - The American Food Journal, February 15, 1912, cited at p 109 of For God, Country and Coca Cola by Mark Pendergrast
SEC. 4
That the examinations of specimens of foods and drugs shall be made in the Bureau of chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.
[IOW who ever was in Wiley's position as Chief Chemist at the US Department of Agriculture could declare a substance "bad" and thus ban it from interstate commerce]
SEC.6
That the term “drug,” as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term “food,” as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.
[IOW "drugs" excluding Tobacco, since it was dropped from the USP in 1905- a mere one year earlier as if perhaps in anticipation of the 1906 Act; and "foods" which would technically exclude Tobacco as the plant matter is considered too toxic to actually swallow]
SEC. 7
That for the purposes of this Act an article shall be deemed to be adulterated:
In case of drugs:
First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.
Second. If its strength or purity fall below the professed standard or quality under which it is sold.
In the case of confectionery:
If it contains terra alba, barites, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug.
[IOW- anything containing what the USDA wished to supress, without of course any backing science]
In the case of food:
First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.
Second. If any substance has been substituted wholly or in part for the article.
Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, That when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.
[IOW- anything containing what the USDA wished to supress, without of course any backing science]
SEC. 8
That the term “misbranded,” as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as the State, territory, or country in which it is manufactured or produced.
That for the purposes of this Act an article shall also be deemed to be misbranded:
In the case of Drugs:
First. If it be an imitation of or offered for sale under the name of another article.
Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein
In the case of food:
First. If it be an imitation of or offered for sale under the distinctive name of another article.
Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein.
[IOW- anything containing what the USDA wished to supress, without of course any backing science- thereby allowing the USDA to serve its first and foremost role as a protector of U.S. domestic agriculture, thereby allowing them to demonifiy say "cocaine" while ignoring/protecting "caffeine" and "nicotine" - AGRICULTURAL MERCANTILISM]
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