Appendix — Cloverleaf Butter Co. v. United States

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APPENDIX

RENOVATED BUTTER ACT (INTERNAL

REVENUE CODE, SECTIONS 2320, ET SEQ.)

UNITED STATES DEPARTMENT OF AGRICULTURE

Bureau or Dairy INDUSTRY

REGULATIONS FOR CARRYING INTO EFFECT

THE PROCESS OR RENOVATED

BUTTER ACT.

INTERNAL REVENUE CODE

SUBCHAPTER B——ADULTERATED AND PROCESS

OR RENOVATED BUTTER

SEC, 2320. DEFINITIONS.

(a) Butter.—For the purpose of this chapter and sec-

tions 3206, and 3207, the word “butter” shall be under-

stood to mean the food product usually known as butter,

and which is made exclusively from milk or cream, or both,

with or without common salt, and with or without addi-

tional coloring matter.

(b) Adulterated Butter.—“Adulterated butter’ is de-

fined to mean a grade of butter produced by mixing, re-

working, rechurning in milk or cream, refining, or in any

way producing a uniform, purified, or improved product

from different lots or parcels of melted or unmelted butter

or butter fat, in which any acid, alkali, chemical, or any

substance whatever is introduced or used for the purpose

or with the effect of deodorizing or removing therefrom

rancidity, or any butter or butter fat with which there is

mixed any substance foreign to butter as defined in subsec-

tion (a), with intent or effect of cheapening in cost the

product or any butter in the manufacture or manipulation

of which any process or material is used with intent or

Bis,

—

effect of causing the absorption of abnormal quantities of

water, milk, or cream.

“renovated butter” is defined to mean butter which has

been subjected to any process by which it is melted, clari-

fied or refined and made to resemble genuine butter, al-

ways excepting ‘‘adulterated butter”’ as defined by subsec-

tion (b).

SEC. 2321. TAX.

(a) Rate.—

(1) Adulterated butter.—Upon adulterated butter,

when manufactured or sold or removed for consumption

or use, there shall be assessed and collected a tax of 10 cents

per pound, and any fractional part of a pound shall be

taxed as a pound.

(2) Process or renovated butter.—Upon process or

renovated butter, when manufactured or sold or removed

for consumption or use, there shall be assessed and col-

lected a tax of one-fourth of 1 cent per pound, and any

fractional part of a pound shall be taxed as a pound.

(b) By Whom Paid.—The tax to be levied by subsec-

tion (a) shall be paid by the manufacturer.

(1) Stamps.—The tax to be levied by subsection

(a) shall be represented by coupon stamps.

(2) Assessment.——

For assessment in case of omitted taxes, see

section 3311.

(d) Special Tax.——

(1) Manufacturers of adulterated and process or

renovated butter.—

For special tax on manufacturers of adul-

terated and process or renovated butter, see

subsection (a) of section 3206.

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(2) Wholesale dealers and retail dealers in adul-

terated butter.—

For special tax on wholesale dealers and re-

tail dealers in adulterated butter, see subsec-

tions (b) and (c) of section 3206.

SEC. 2322. MANUFACTURERS.

(a) Definition—Every person who engages in the pro-

duction of process or renovated butter or adulterated but-

ter as a business shall be considered to be a manufacturer

thereof.

(b) Packing, Stamping, and Selling Requirements.——

(1) Adulterated butter.—All adulterated butter shall

be packed by the manufacturer thereof in firkins, tubs, or

other wooden, tin-plate, or paper packages not before used

for that purpose, containing, or encased in a manufac-

turer's package made from any of such materials of, not less

than ten pounds, and marked, stamped, and branded as the

Commissioner, with the approval of the Secretary, shall

prescribe, and all sales made by manufacturers of adulter-

ated butter shall be in original, stamped packages. Every

manufacturer of adulterated butter shall securely affix, by

pasting, on each package containing adulterated butter

manufactured by him a label on which shall be printed,

besides the number of the manufactory and the district and

State in which it is situated, these words: “Notice.——That

the manufacturer of the adulterated butter herein con-

tained has complied with all the requirements of law. Every

person is cautioned not to use either this package again or

the stamp thereon, nor to remove the contents of this pack-

age without destroying said stamp, under the penalty pro-

vided by law in such cases.”

(2) Process or renovated butter.——

For marking process or renovated butter, see

section 2325. (Below.)

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or renovated butter or adulterated butter shall file with the

collector of the district in which his manufactory is located

such notices and inventories, shall keep such books and

render such returns of material and products, and conduct

his business under such surveillance of officers and agents

as the Commissioner, with the approval of the Secretary,

may by regulation require.

(d) Factory Number and Signs.——Every manufacturer

of process or renovated butter or adulterated butter shall

put up such signs and affix such number to his factory as

the Commissioner, with the approval of the Secretary, may

by regulation require.

(e) Bonds,——Every manufacturer of process or reno-

vated butter or adulterated butter shall file with the col-

lector of the district in which his manufactory is located

such bonds as the Commissioner, with the approval of the

Secretary, may by regulation require. But the bond re-

quired of such manufacturer shall be with sureties satisfac-

tory to the collector, and in a penal sum of not less than

$500; and the sum of said bond may be increased from

time to time and additional sureties required at the discre-

tion of the collector or under instructions of the Commis-

sioner,

SEC. 2323. DEALERS IN ADULTERATED BUTTER.

(a) Dealer Defined.—Every person who sells adulter-

ated butter shall be regarded as a dealer in adulterated

butter.

(b) Retail Dealer Defined—Every person who sells

adulterated butter in less quantities than ten pounds at one

time shall be regarded as a retail dealer in adulterated

butter.

ter must sell only original or from original stamped pack-

ages, and when such original stamped packages are broken

the adulterated butter sold from same shall be placed in

suitable wooden, tin-plate, or paper packages, which shall

be marked and branded as the Commissioner, with the

approval of the Secretary, shall prescribe.

SEC, 2324. BOOKS AND RETURNS OF WHOLESALE

DEALERS IN ADULTERATED AND

PROCESS OR RENOVATED BUTTER.

Wholesale dealers in process, renovated, or adulterated

butter shall keep such books and render such returns in

relation thereto as the Commissioner, with the approval of

the Secretary, may, by regulation, require; and such books

shall be open at all times to the inspection of any internal

revenue officer or agent.

SEC. 2325. INSPECTION, MANUFACTURE, STOR.

AGE, AND MARKING OF PROCESS OR

RENOVATED BUTTER.

The Secretary of Agriculture is authorized and required

to cause a rigid sanitary inspection to be made, at such

times as he may deem proper or necessary, of all factories

and storehouses where process or renovated butter is manu-

factured, packed, or prepared for market, and of the prod-

ucts thereof and materials going into the manufacture of

the same. All process or renovated butter and the packages

containing the same shall be marked with the words “Ren-

ovated Butter” or “Process Butter’ and by such other

marks, labels, or brands and in such manner as may be pre-

scribed by the Secretary of Agriculture, and no process or

renovated butter shall be shipped or transported from its

place of manufacture into any other State or Territory or

the District of Columbia, or to any foreign country, until

it has been marked as provided in this section. The Secre-

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tary of Agriculture shall make all needful regulations for

carrying this section and sections 2326 (c) and 2327 (b)

into effect and shall cause to be ascertained and reported

from time to time the quantity and quality of process or

renovated butter manufactured, and the character and the

condition of the material from which it is made. And he

shall also have power to ascertain whether or not materials

used in the manufacture of said process or renovated butter

are deleterious to health or unwholesome in the finished

product, and in case such deleterious or unwholesome

materials are found to be used in product intended for

exportation or shipment into other States or in course of

exportation or shipment he shall have power to confiscate

the same.

SEC. 2326. PENALTIES.

(a) Adulterated Butter.——

(1) False branding; sale, packing, or stamping in vio-

lation of law.——Every person who knowingly sells or offers

for sale, or delivers or offers to deliver, any adulterated

butter in any other form than in new wooden, tin-plate, or

paper packages as described in subsection (c) of section

2323, or who packs in any package any adulterated butter

in any manner contrary to law, or who falsely brands any

package or affixes a stamp on any package denoting a less

amount of tax than that required by law, shall be fined for

each offense not more than $1,000 and be imprisoned not

more than two years.

(2) Omission or removal of lable.——Every manufac-

turer of adulterated butter who neglects to affix the label

required under paragraph (1) of subsection (b) of section

2322 to any package containing adulterated butter made

by him, or sold or offered for sale for or by him, and every

person who removes any such label so affixed from any

such package shall be fined $50 for each package in respect

to which such offense is committed. '

(b) Failure of Wholesale Dealers to Keep or Permit

Inspection of Books, or to Render Returns.——Any person

who wilfully violates any of the provisions of section 2324

shall for each such offense be fined not less than $50 and

not exceeding $500, and imprisoned not less than thirty

days nor more than six months.

Manufacture, Storage, and Marking of Process or Reno-

vated Butter.—Any person, firm, or corporation violating

any of the provisions of section 2325 shall be deemed guilty

of a misdemeanor and on conviction thereof shall be pun-

ished by a fine of not less than $50 nor more than $500 or

by imprisonment not less than one month nor more than

six months, or by both said punishments, in the discretion

of the court.

SEC. 2327. OTHER LAWS APPLICABLE.

(a) Oleomargarine.—The provisions of sections 2301

(b), and (h) of section 2308) , and section 3791 (a) (1),

shall apply to manufacturers of adulterated butter to an

extent necessary to enforce the marking, branding, identi-

fication, and regulation of the exportation and importa-

tion of adulterated butter.

(b) Inspection of Live Cattle and Meat.—All parts of

an act providing for an inspection of meats for exportation,

approved August 30, 1890, c. 839, 26 Stat. 414, and of an

Act to provide for the inspection of live cattle, hogs, and

the carcasses and products thereof which are the subjects of

interstate commerce, approved March 3, 1891, c. 555, 26

Stat. 1089, and of amendment thereto approved March 2,

1895, c. 169, 1, 28 Stat. 732, which are applicable to the

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subjects and purposes described in section 2325 shall apply

to process or renovated butter.

visions for slaughtering, meat canning, or similar establish-

ments as set forth in the act of June 30, 1906, c. 3913, 34

Stat. 676, shall be extended to cover renovated butter fac-

tories as defined in this subchapter, under such regulations

as the Secretary of Agriculture may prescribe.

(d) Tobacco and Snuff.—The provisions of law govern-

ing the engraving, issuing, sale, accountability, effacement,

and destruction of stamps relating to tobacco and snuff, as

far as applicable, shall apply to the stamps provided in sec-

tion 2321 (c) (1).

B. D. I. ORDER NO. 1—REVISED

Issued December 24, 1936

UNITED STATES DEPARTMENT OF AGRICULTURE

BUREAU OF DAIRY INDUSTRY

REGULATIONS FOR CARRYING INTO EFFECT

THE PROCESS OR RENOVATED

BUTTER ACT

INTRODUCTION

Under authority conferred upon the Secretary of Agri-

culture by the act of Congress approved May 9, 1902, enti-

tled “An act to make oleomargarine and other imitation

dairy products subject to the laws of any state, or territory,

or the District of Columbia, into which they are trans-

ported, and to change the tax on oleomargarine, and to

impose a tax, provide for the inspection, and regulate the

manufacture and sale of certain dairy products, and to

amend an act entitled ‘An act defining butter, also impos-

ing a tax upon and regulating the manufacture, sale, im-

portation and exportation of oleomargarine approved Au-

gust 2, 1886’ (82 Stat. 193-197; U.S.C., title 26, sec. 990-

997) ; and by the act of Congress approved August 10, 1912,

entitled “An act making appropriations for the Department

of Agriculture for the fiscal year ending June 30, 1913" (37

Stat. 273); the following regulations are made and are

hereby promulgated, which for purposes of identification

are designated B.D.I. Order No. 1—Revised, superseding

S.R.A. 1—Bureau Dairying, issued April, 1925; and B.D.

Order 1, issued February 14, 1925; which are hereby re-

voked.

Henry A. WALLACE,

Secretary of Agriculture.

Washington, D. C., December 24, 1936.

—— . a —

Regulation 1.——Short Title of Act

For the purpose of these regulations the act entitled “An

act to make oleomargarine and other imitation dairy prod-

ucts subject to the laws of any State or Territory or the Dis-

| trict of Columbia into which they are transported, and to

change the tax on oleomargarine and to impose a tax, pro-

vide for the inspection, and regulate the manufacture and

sale of certain dairy products, and to amend an act entitled

‘An Act Defining Butter,’ also imposing a tax upon and

regulating the manufacture, sale, importation, and expor-

tation of oleomargarine approved August 2, 1886,” ap-

proved May 9, 1902 (32 Stat. 193-199; U. S. C., title 26,

sec. 990-997, as amended by the act of August 10, 1912 (37

Stat. 273, U. S. C., title 26, sec. 997 (c), entitled “An act

making appropriations for the Department of Agriculture

for the fiscal year ending June 30, 1913,” shall be known

and referred to as the Process or Renovated Butter Act.

The Chief of the Bureau of Dairy Industry is charged,

under the direction of the Secretary, with the administra-

tion of these regulations.

Regulation 2.—~Definitions

For the purpose of these regulations the following words,

phrases, names, and terms shall be construed, respectively,

to mean:

Section 1. The Meat Inspection Act.——The act of June

30, 1906, entitled “An act making appropriations for the

Department of Agriculture for the fiscal year ending June

thirtieth, nineteen hundred and seven” (34 Stat. 674-679)

as reenacted by act of March 4, 1907 (34 Stat. 1260-1265;

U.S. C., title 21, secs. 71 to 94), entitled “An act making

appropriations for the Department of Agriculture for the

fiscal year ending June thirtieth, nineteen hundred and

eight,’ the sanitary provisions of which are made appli-

cable to renovated-butter factories by act of Aug. 10, 1912

Rie,

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(37 Stat. 273; U.S. C., titles 26, sec. 997 (c), entitled “An

act making appropriations for the Department of Agricul-

ture for the fiscal year ending June 30, 1913.”

Sec. 2. Department.——The United States Department

of Agriculture.

Sec. 3. Bureau.——The Bureau of Dairy Industry of the

United States Department of Agriculture.

Sec. 4. Chief of Bureau.—The administrative head of

the Bureau of Dairy Industry of the United States Depart-

ment of Agriculture.

Sec. 5. Inspector——Any Department officer or em-

ployee authorized to perform any duties in connection with

the administration of these regulations.

Sec. 6. Person.——Natural persons, individuals, firms,

partnerships, corporations, companies, societies, and asso-

ciations, and agent, broker, officer, employee, or member

thereof. This term shall import both the plural and the

singular as the case may be.

Sec. 7. Butter——The food product usually known as

butter, and which is made exclusively from milk or cream,

or both, with or without common salt, and with or without

additional coloring matter.

Sec. 8. Par. 1.——Process or renovated butter.——Butter

which has been subjected to any process by which it is

melted, clarified, or refined and made to resemble genuine

butter, always excepting adulterated butter as defined in

section 4 of the act of May 9, 1902 (32 Stat. 195).

Par. 2. Process or renovated butter must contain at least

80 per cent by weight of milk fat.

Par. 3. The term “process butter” and “renovated but-

ter” are used synonymously and it is immaterial whether a

manufacturer designates the product “process butter” or

“renovated butter.”

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Regulation 3.——Sanitation and Sanitary Inspection

of Process or Renovated Butter Factories

Section 1. For the purpose of effectively administering

the Process or Renovated Butter Act, rigid sanitary inspec-

tions will be made at such times and as often as necessary

of all process or renovated butter factories and storehouses

where process or renovated butter is manufactured, packed,

or prepared for market.

Sec. 2. Inspectors shall have access at all times by day or

night to every part of any process or renovated butter fac-

tory or storehouse.

Sec. 3. Process or renovated butter factories or store-

houses where process or renovated butter is manufactured,

packed, prepared, or handled shall be maintained in a sani-

tary condition, and to this end the requirements of sections

4 to 12 of this regulation shall be complied with.

Sec. 4. Factories where process or renovated butter is

manufactured, packed, or prepared for market shall be suit-

ably lighted, screened, and ventilated in order that sanitary

conditions may be maintained. Such factories shall be sup-

plied with proper and sufficient drainage, having proper

traps or other approved sewer connections. Rooms shall be

kept reasonably free from steam and other vapors by heat-

ing or proper ventilation, and all work in such factories

shall be performed in a sanitary manner.

Sec. 5. All floors, ceilings, walls, pillars, partitions, plat-

forms, stairways, etc., shall be kept in a sanitary condition

and when necessary shall be scraped, washed, painted or

otherwise treated as required. Where floors or others parts

of the building, or tables or other parts of the equipment,

are so old or in such poor condition that they cannot readily

be made sanitary, they shall be removed and replaced with

suitable material. Walks, platforms, and approaches lead-

ing into factories shall be kept clean.

Sec. 6. All churns, melting tanks, workers, cans, vats,

blowing tanks, settling tanks, trucks, trays and other recep-

tacles, chutes, platforms, racks, tables, and all utensils, ma-

chinery, and other equipment used in preparing, moving,

cutting, chopping, and otherwise handling the materials

used in the manufacture of process or renovated butter,

and in all processes of manufacturing of process or reno-

vated butter or its preparation for market, shall be kept in

a sanitary condition.

Sec. 7. All factories in which milk, cream, or mixtures

containing milk or cream are pumped or conducted

through pipes shall be equipped with sanitary pumps,

pipes, and fittings. Pumps shall be so constructed that all

parts coming in contact with milk, cream, or mixtures con-

taining milk or cream shall be made of non-corrosive metal,

or shall be suitably nickled, tinned, or coated with other

approved metal, and such parts shall be accessible for

cleaning. Pipes shall have smooth outer and inner surfaces

coated with nickel, tin, or other approved metal, and fit-

tings shall have smooth outer and inner surfaces coated

with nickel, tin, or other approved metal, and shall be of

such design that no pockets or recesses occur on the inside

between the pipes and fittings: Provided, however, That

open conductors having smooth outer and inner surfaces

coated with nickel, tin, or other approved metal may be

used in place of pipe. All pumps, fittings, and conductors

shall be kept in a sanitary condition.

Sec. 8 Managers of process or renovated butter factories

shall require employees to be cleanly. Aprons, smocks, and

other outer clothing worn by employees who handle or in

any way come in contact with the process or renovated

butter or any ingredient entering into the manufacture of

same shall be of material that can be made sanitary by

washing, and only clean garments shall be worn. All per-

sons who handle process or renovated butter or any mate-

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rial entering into the manufacture of same shall be re-

quired to keep their hands clean, and they shall be required

also to pay particular attention to the cleanliness of their

boots and shoes.

Sec. 9. No person affected with tuberculosis or other

communicable disease shall be employed in any factory

where process or renovated butter is manufactured, and

any employees who may be suspected of being so affected

shall be reported by the inspector to the manager of the

factory and to the Chief of Bureau.

Sec. 10. All water closets, toilet rooms, and dressing

rooms shall be entirely separated from the compartments

in which process or renovated butter is manufactured, pre-

pared, packed, stored, or otherwise handled; and where

such rooms open into compartments in which process or

renovated butter is handled they shall be provided with

properly ventilated vestibules and automatically closing

doors. They shall be conveniently located, sufficient in

number, ample in size, and fitted with modern lavatory

accommodations including toilet paper, soap, running hot

and cold water, etc., and shall be properly lighted, suitably

ventilated, and kept clean and sanitary.

Sec. 11. The factory in which process or renovated but-

ter is manufactured, prepared, packed, stored, or other-

wise handled shall be kept free from odors coming from

poultry rooms, egg rooms, toilet rooms, catch basins, or any

other objectionable source, and shall be kept free from

flies and other vermin; and all rooms or compartments

shall be provided with cuspidors so designed as to prevent

them from being upset, and made of such material and

construction as to be readily disinfected, and employees

who expectorate shall be required to use them.

Regulation 4.——Sanitation and Sanitary Inspection of

Products of and Material From Which Process

or Renovated Butter is Manufactured

Section 1. “Rigid” sanitary inspections will also be

made of the character and condition of the materials going

into the manufacture of process or renovated butter and

of the quantity and quality of process or renovated butter

manufactured.

Sec. 2. Due care must be taken to prevent process or

renovated butter, in any stage of its manufacture, from

falling on the floor, and in the event of its having so fallen,

the soiled portion shall not be used. Butterfat collected

from floors, drains, or catch basins shall not be used in the

manufacture of process or renovated butter.

Sec. 8. Only good, clean, and wholesome water and ice

shall be used in the preparation and manufacture of proc-

ess or renovated butter and, whenever there is any doubt

regarding the purity of the water supply, the facts shall be

reported to the Chief of Bureau.

Sec. 4. Air used in blowing or aerating the oil during

the process of manufacture shall be pure and clean, and

shall be taken from the outside of the building; and in

order to prevent the use of air which is contaminated with

dust, smoke, objectionable odors, etc., some approved

method of purification, such as washing or filtering through

cotton, shall be provided.

Sec. 5. In manufacturing process or renovated butter

all cream, milk or skim milk used must be pasteurized.

Sec. 6. All milk, skim milk, dried milk, dried skim milk,

cream, and analogous substances used in the making of

process or renovated butter shall be kept, stored, and han-

dled in a sanitary manner in accordance with accepted

dairy practices.

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Sec. 7. All other materials including salt and butter

color entering into the manufacture of process or renovated

butter shall also be kept, stored, and handled in a sanitary

manner.

Sec. 8. All cartons, parchment wrappers, liners, pack-

ages, tubs, cans, tins, or other containers used for packing

process or renovated butter shall be stored, kept, and han-

dled in a sanitary manner.

Regulation 5.——The Marking, Labeling and Branding of

Process or Renovated Butter

Section 1. (a) Before removal from the factory each

package of process or renovated butter shall have legibly

printed or stenciled on one of its sides the legend ‘‘Process

Butter” or “Renovated Butter’; also the factory number,

district, and State, and the net weight, in the following

manner:

PROCESS BUTTER

Factory No. 2, 2d Dist. New York

Net Weight, 60 lbs.

(b) The legend “Process Butter” or “Renovated But-

ter” shall be in boldface gothic letters not less than three-

quarters of an inch square and the other words and figures

not less than half an inch square. The color of the legend

shall be in strong contrast to that of the package.

Sec. 2. The wrappers, cartons, or other containers in

which prints or rolls are placed shall be branded with the

legend “Process Butter” or “Renovated Butter” in bold-

face gothic letters, not less than three-eights of an inch

square. Such legend shall form a strong contrast to the

color of the wrapper or container. No other marks shall

be made on the side of the wrapper or container on which

the legend is placed.

Sec. 8. Each package must show the manufacturer's

name and address or the factory number, district, and

State, and bear a plain and conspicuous statement of the

net weight of contents. Such wrappers, cartons, or other

containers shall bear no pictorial or other representation

which may create the impression that the article is butter

as defined by the act of Congress of March 4, 1923.

Sec. 4. The top surface of solid-packed goods shall be

imprinted with the legend ‘Process Butter” or “Renovated

Butter” in plain gothic letters not less than half an inch

square, and impressed at least an eighth of an inch deep.

Prints and rolls shall be similarly impressed with letters

not less than three-eighths of an inch square. The surface

impression may be omitted from prints and rolls of less

than a pound unit weight, provided there is compliance

with all other requirements.

Sec. 5. With the exception of shipping marks, any

marks, brands, labels, other than those prescribed by these

regulations, shall be approved by the Secretary of Agricul-

ture before they are used on puckages of process or ren-

ovated butter.

Sec. 6. Approved copies of all marks, brands, or labels

shall be retained at the manufacturers’ registered place of

business, available for inspection by an inspector.

Sec. 7. Every manufacturer of process or renovated but-

ter who fails to brand the product and the containers in

which it is packed is punishable by a fine of not less than

$50 nor more than $500 or by imprisonment for not less

than 1 month nor more than 6 months, or both. Every

person who removes any such brands from any package of

process or renovated butter is punishable by a fine not

exceeding $1,000 or imprisonment not exceeding | year,

or both, as provided in section 4, act of March 3, 1891,

made applicable by section 5, act of May 9, 1902.

Sec. 8. Misbranding any article of food intended for

interstate commerce, or manufactured or offered for sale

in any Territory of the United States or the District of

Columbia, is prohibited. That for the purposes of the

Food and Drugs Act an article shall also be deemed to be

misbranded in the case of food——

(1) If it be an imitation of, or offered for sale under

the distinctive name of another article;

(2) If it be labeled or branded so as to deceive or mis-

lead the purchaser, or purports 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;

(3) If in package form, the quantity of the contents

be not plainly and conspicuously marked on the outside

of the package in terms of weight, measure, or numerical

count; or

(4) If the package containing it or its label shall bear

any statement, design, or device regarding the ingredients

or the substances contained therein, which statement, de-

sign, or device shall be false or misleading in any particular.

No provision of these regulations shall be construed so

as to relieve any person from compliance with the Federal

Food and Drugs Act.

Sec. 9. Inspectors of the Department of Agriculture,

appointed for the purpose by the Secretary of Agriculture,

are authorized to enter all factories and storehouses where

process or renovated butter is manufactured, packed, or

prepared for market for the purpose of examination or

inspection authorized by this act.

Sec. 10. Periodic inspection of each factory shall be

made by such inspectors who will submit a complete report

to the Chief of Bureau on the sanitation of the premises,

the character and condition of the materials used, and the

quantity and quality of process or renovated butter pro-

duced. The sanitary provisions of the Meat Inspection

Act shall apply to the sanitary inspection of process or ren-

ovated butter factories. (See act of Aug. 10, 1912 (37

Stat., 273.)

Sec. 11. Process or renovated butter containing any

filthy decomposed, or putrified animal or vegetable sub-

stance shall be deemed adulterated under the Foods and

Drugs Act.

Sec. 12. The Secretary of Agriculture will determine

whether or not materials being used in the manufacture

of process or renovated butter will be deleterious to health

or unwholesome in the finished product. If any materials

which have been so determined to be deleterious to health

or unwholesome in the finished product are found to be

present in any process or renovated butter, intended for,

or in course of, exportation or shipment in interstate com-

merce, such process or renovated butter will be confiscated,

as provided for in regulation 7, section 4 hereof.

Sec. 13. Original packages of process or renovated but-

ter for export shall be stamped and branded as in the case

of packages for domestic use and may be covered with

cloth, jute, or burlap. The outer covering shall be con-

spicuously stenciled with the legend “Process Butter” or

“Renovated Butter,” in boldface gothic letters not less than

an inch square, and the words “For Export Only” on the

line beneath, in similar letters not less than three-eighths

of an inch square.

Sec. 14. Process or renovated butter for export shall be

examined by inspectors of the Department of Agriculture,

who will issue a certificate as to its purity, quality, and

grade and the sufficiency of the stamps and brands. If in-

spection is not made before the outer coverings are placed

upon the packages, the exporter may be required to remove

them.

(The foregoing Secs. | to 14, have been promulgated

by the Commissioner of Internal Revenue and approved

by the Secretary of the Treasury and the Secretary of Agri-

culture.)

Sec. 15. All marks, brands, or labels, within the mean-

ing of these regulations shall include printed, lithographed,

or embossed labels, stickers, seals, wrappers, and receptacles.

Sec. 16. Marks, brands, or labels to be affixed to proc-

ess or renovated butter intended for export shall in all cases

be printed in the English language, but they may also be

literally translated into foreign languages.

Sec. 17. No mark, brand, stencil, sticker, label, or seal

to be affixed to any tin, carton, wrapper, or other container

in which process or renovated butter is placed shall be

used until it is approved in its final form by the Chief of

Bureau. Triplicates of new trade labels in the form of

sketches, proofs, or photographic copies shall be transmit-

ted direct or through inspectors to the Chief of Bureau for

approval, and finished trade labels, cartons, or wrappers

shall not be prepared in advance of such approval of

sketches. After such labels, cartons, or wrappers have been

printed, lithographed, or embossed in accordance with the

approved sketches or proofs three each of such cartons,

labels or wrappers shall be submitted direct or through the

inspectors for final approval and filing. Copies of approved

labels, cartons, or wrappers shall be kept on file and avail-

able for examination by insectors upon request.

Sec. 18. Trade labels which bear any false or deceptive

names shall not be used.

Regulation 6——Reports

Section 1. Each process or renovated butter factory

shall furnish to authorized inspectors accurate information

as to all matters required in making their reports.

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A EERILY ATI ATLA TINEA SIE IC TN LS SRL EF LN NE TE INET

Regulation 7.——Process or Renovated Butter Intended

for or in the Course of Interstate Com-

merce or for Export

Section 1. To determine whether or not materials used

in the manufacture of process or renovated butter are dele-

terious to health or unwholesome in the finished product,

a sample of such butter shall be taken.

Sec. 2. Such sample shail be drawn in the following

manner: A sample will be taken from every package of

each lot. However, (A) if a lot includes two or more pack-

ages from one churning, a sample may be taken from one

package only; or (B) if the separate churnings are not in-

dicated, not less than one sample from each 10 tubs may

be taken. Additional samples may be taken if, in the

opinion of the inspector, such action is necessary to obtain

representative samples of such butter.

Sec. 8. The samples thus obtained, properly identified,

shall be promptly forwarded to the Department for exami-

nation and chemical analysis.

Sec. 4. If such butter is found upon such examination

and such chemical analysis to be deleterious to health or

unwholesome, and such butter is intended for exportation

or shipment into other States, or is in the course of expor-

tation, or in the course of such shipment, the Secretary

shall confiscate the same to prevent its use for food pur-

poses. The Secretary may release such butter to its owner

for industrial use, upon such conditions as he deems nec-

essary to prevent its use for food purposes.

Sec. 5. Any butter suspected of being process or reno-

vated, or adulterated, wherever found will be sampled as

herein provided. The samples thus obtained, properly

identified, shall be promptly forwarded to the Department

for examination and chemical analysis, together with a

Pgs

ounces

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statement outlining the circumstances of the collection of

sample.

Sec. 6. All process or renovated butter intended for

exportation or in the course of exportation must be marked

as provided for in these regulations.

Sec. 7. All process or renovated butter consigned to a

foreign country must be inspected and duly certified before

delivery to any vessel, carrier, or transportation company.

Officers and agents of vessels and of transportation com-

panies transporting merchandise consigned to foreign coun-

tries shall not accept process or renovated butter for trans-

portation and export unless accompanied by an official

inspection certificate issued pursuant to these regulations,

properly dated and countersigned by an inspector. No ves-

sel having on board any process or renovated butter for

exportation from any port of the United States will be

cleaved until the owner or shipper shall obtain an inspec-

tion certificate as required by these regulations, attesting

to the purity, legal composition, and suitability for export

of such process or renovated butter.

Sec. 8. Owners or shippers of process or renovated but-

ter intended for export shall apply for inspection in writ-

ing to the Chief of Bureau. The said application shall state

the location or place of business of the owner or shipper

and the usual place or places where the process or reno-

vated butter may be inspected, the place or places from

which it is directly transported to the experting vessel or

transportation company, and the probable frequency of

exports.

Sec. 9. ‘The Chief of Bureau shall, upon receipt of such

application, designate an inspector for the service required.

Sec. 10. The owner or shipper will notify the inspec-

tor of every export shipment to be made by him, at least

12 hours in advance, and shall briefly describe the location,

form of package, and quantity of process or renovated but-

ter to be inspected. The inspector will not be required to

make inspections at two or more places distantly removed

from one another if the materials are to be included in one

shipment, but the inspection of an entire shipment may

be made at the pier or place of loading for export.

Sec. 11. Inspections of process or renovated butter for

export may be made at the place of manufacture and such

inspections may also be made at the place of exportation,

if inspection has not previously been made, or, in the opin-

ion of the inspector, a reinspection is necessary. The cer-

tificate for export will ordinarily be given by the inspector

at the factory or at the place where the customs papers for

export are prepared.

Sec. 12. The inspector will examine the merchandise

specified with the least possible delay. And it will be the

duty of inspectors to examine any process or renovated but-

ter for export, upon the application, formal or informal, of

transportation companies or their agents, or any such proc-

ess or renovated butter about to be loaded for export, —

whether or not notice thereof has been received.

Sec. 13. Inspectors may make such examination of the

process or renovated butter for export in such detail as in

their judgment is deemed necessary to show that such but-

ter complies with the law and the regulations. They may

take samples of the same and detain the shipment, if

deemed necessary, until chemical tests of samples are made.

The presence, intact and properly affixed thereon, of the

stamps, marks, and labels on a lot of process or renovated

butter offered for export from a registered factory or fac-

tories may be accepted by an inspector as evidence of purity

and of manufacture in accordance with law and these regu-

lations, and the prescribed export certificate may then be

executed by the inspector. Additional marks or labels may,

however, be required by the inspector for the more com-

plete identification of the process or renovated butter to

be exported.

Sec. 14. The inspector shall complete, countersign, and

issue a certificate of export. Such certificate shall be dated, _

shall show the names of the exporter and consignee, and

shall describe the lot of process or renovated butter to

which it applies. Such description shall include the State,

revenue district, and factory number of every factory rep-

resented in the lot, and the number of packages from each

factory, their respective weights and the shipping marks.

Such certificate shall state that the process or renovated

butter in question is the product of a registered factory, of

legal composition, and suitable for export. Certificates shall

be numbered serially and rendered in triplicate.

Sec. 15. Only one certificate shall be issued for each

consignment unless otherwise directed by the Chief of

Bureau.

Sec. 16. The original certificate shall be delivered to

the shipper and shall be used only for the purpose of ef-

fecting the transportation and delivery of the consignment.

Sec. 17. The duplicate of the certificate shall be deliv-

ered to the shipper and by him to the agent of the rail-

road or other carrier which transports the consignment

from the United States otherwise than by water, or to the

chief officer of the vessel on which the export shipment is

made and without which no clearance shall be given to

any vessel having aboard any process or renovated butter

and shall be used only by these agencies and for the pur-

pose of effecting the transportation of the consignment

certified. The chief officer of the vessel shall file such

duplicate with the customs officer at the time of filing the

master’s manifest or the supplemental manifest.

Sec. 18. The triplicate of the certificate shall be re-

tained by the inspector issuing the same.

Sec. 19 Under no circumstances shall the original

or the triplicate of any certificate be used for the purpose

for which it is prescribed by paragraph 17 hereof that the

duplicate shall be used.

Sec. 20. No person operating any steam or sailing ves-

sel, and no railroad or other carrier, shall receive for trans-

portation to any foreign country any process or renovated

butter, except ship stores and small quantities exclusively

for the personal use of the consignee and not for sale or

distribution, unless and until a certificate of inspection

covering the same has been issued and delivered as pro-

vided in these regulations.

Sec. 21. All special requirements, if any, of foreign

countries in regard to export certificates for process or ren-

ovated butter shall be complied with in respect to all cer-

tificates issued, provided such requirements are not in vio-

lation of the laws of this country or the rules and regula-

tions promulgated under such laws.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.