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eighty-six, shall apply to manufacturers of "adulterated butter" to an extent necessary to enforce the marking, branding, identification, and regulation of the exportation and importation of adulterated butter. (32 Stat. 194.)
See notes to the first paragraph of this section, ante, $ 6233. Act Aug. 2, 1886, c. 840, 88 9–20, mentioned in this paragraph, are set forth ante, $8 6221-6232. Section 21 of that act provided that the act
should take effect July 1, 1902. § 6239. (Act May 9, 1902, c. 784, § 5.) Inspection of process or
renovated butter; marks; punishments. All parts of an Act providing for an inspection of meats for exportation, approved August thirtieth, eighteen hundred and ninety, 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 third, eighteen hundred and ninety-one, and of amendment thereto approved March second, eighteen hundred and ninety-five, which are applicable to the subjects and purposes described in this section shall apply to process or renovated butter. And the Secretary of Agriculture is hereby 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 manufactured, packed, or prepared for market, and of the products 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 “Renovated Butter” or “Process Butter” and by such other marks, labels, or brands and in such manner as may be prescribed 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 Secretary of Agriculture shall make all needful regulations for carrying this section 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. Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment not less than one month nor more than six months, or by both said punishments, in the discretion of the court. (32 Stat. 196.)
See notes to the first paragraph of section 4 of this act, ante, & 6233.
1895, c. 169, mentioned in this section, are set forth post, under Title 56 B; "Regulation of Interstate and Foreign Commerce as to Particular Sub
jects," c. A, § 6240. (Act Aug. 10, 1912, c. 284.) Sanitary regulation of ren
ovated butter factories. The sanitary provisions for slaughtering, meat canning, or similar establishments, as set forth in the Act of June thirtieth, nineteen hundred and six (Thirty-fourth Statutes, page six hundred and seventysix), are hereby extended to cover renovated butter factories as defined in the Act of May ninth, nineteen hundred and two (Thirty-second Statutes, page one hundred and ninety-six), under such regulations as the Secretary of Agriculture may prescribe. (37 Stat. 273.)
This was a proviso following an appropriation for expenses for investigations and experiments in the dairy industry, inspection of renovated butter, factories, and markets, in the appropriation act for the Department of Agriculture for the fiscal year 1913, cited above.
The sanitary provisions for slaughtering, etc., establishments, of Act June 30, 1906, c. 3913, mentioned in this proviso, were re-enacted in the provisions of Act March 4, 1907, c. 2907, set forth post, 8 8681.
Act May 9, 1902, c. 784, also mentioned in this section, is set forth or re
ferred to ante, $8 6233-6239. § 6241. (Act May 9, 1902, c. 784, $ 6.) Wholesale dealers to keep
books and render returns; penalty. Wholesale dealers in oleomargarine, process, renovated, or adulterated butter shall keep such books and render such returns in relation thereto as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may, by regulation, require; and such books shall be open at all times to the inspection of any internal-revenue officer or agent. And any person who willfully violates any of the provisions of this section shall for each such offense be fined not less than fifty dollars and not exceeding five hundred dollars, and imprisoned not less than thirty days nor more than six months. (32 Stat. 197.)
See notes to the first paragraph of section 4 of this act, ante, $ 6233. This section superseded similar provisions relating to wholesale dealers in oleomargarine made by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, $ 41, 26 Stat. 621.
CHAPTER SEVEN B
Filled Cheese This chapter, inserted here as additional to the chapters of this Title in the Revised Statutes, includes provisions of the Filled Cheese Act of June
6, 1896, c. 337, 29 Stat. 253. Sec.
Sec. 6242. Cheese, definition of.
6247. Label and notice on packages of 6243. Filled cheese, definition of.
filled cheese; penalty. 6244. Manufacturer's statement of busi 6248. Tax on filled cheese.
ness, inventory, bonds, books, 6249, Assessment of tax on filled cheese returns; penalty.
sold without stamps. 6245. Filled cheese, how put up and 6250. Imported filled cheese. how retailed; penalty.
6251. Purchasing filled cheese not 6246. Dealers' signs; penalty.
branded or stamped; penalty.
Sec. 6252. Purchasing filled cheese from 6254. Tests if deleterious to health; manufacturer who has not paid
decision of Commissioner; apspecial tax; penalty.
peals. 6253. Stamps on emptied packages to 6255. Forfeiture of unstamped or delebe destroyed; penalty for neg.
terious filled cheese. lect, etc.
6256. Recovery of fines, etc.
6257. Regulations. § 6242. (Act June 6, 1896, c. 337, § 1.) Cheese, definition of.
For the purposes of this Act, the word "cheese" shall be understood to mean the food product known as cheese, and which is made from milk or cream and without the addition of butter, or any animal, vegetable, or other oils or fats foreign to such milk or cream, with or without additional coloring matter. (29 Stat. 253.)
This was the first section of the Filled Cheese Act of 1896, cited above.
Sections 3 and 4 of the act, imposing special taxes upon manufacturers and dealers in filled cheese, are set forth ante, 88 5969, 5979.
Section 19 of the act, prescribing the time of taking effect of the act, and providing for the tax on filled cheese found on the premises of any dealer thereafter, is omitted as temporary merely, and executed.
Imitation cheese or any substance in the semblance of cheese not the product of the dairy, and not made exclusively of pure and unadulterated milk or cream, transported into any State, etc., and remaining therein for use, consumption, sale, or storage therein, was made subject to the laws of such State, etc., enacted in the exercise of its police powers, and was not to be exempt therefrom by reason of being introduced in original packages or
otherwise, by provisions of Act May 9, 1902, c. *784, 1, post, $ 8740. § 6243. (Act June 6, 1896, c. 337, § 2.) Filled cheese, definition of.
For the purposes of this Act certain substances and compounds shall be known and designated as "filled cheese," namely: All substances made of milk or skimmed milk, with the admixture of butter, animal oils or fats, vegetable or any other oils, or compounds foreign to such milk, and made in imitation or semblance of cheese. (29 Stat. 253.) § 6244. (Act June 6, 1896, § 337, § 5.) Manufacturer's statement
of business, inventory, bonds, books, returns; penalty. Every manufacturer of filled cheese shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns of materials and products, shall put up such signs and affix such number to his factory, and conduct his business under such surveillance of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require. But the bond required of such manufacturer shall be with sureties satisfactory to the collector of internal revenue, and in a penal sum of not less than five thousand dollars; and the amount of said bond may be increased from time to time, and additional sureties required, at the discretion of the collector or under instructions of the Commissioner of Internal Revenue. Any manufacturer of filled cheese who fails to comply with the provisions of this section or with the regulations herein authorized, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than five hundred nor more than one thousand dollars. (29 Stat. 254.) § 6245. (Act June 6, 1896, c. 337, § 6.) Filled cheese, how put up
and how retailed; penalty. Filled cheese shall be packed by the manufacturers in wooden packages only, not before used for that purpose, and marked, stamped, and branded with the words "filled cheese" in black-faced letters not less than two inches in length, in a circle in the center of the top and bottom of the cheese ; and in black-faced letters of not less than two inches in length in line from the top to the bottom of the cheese, on the side in four places equidistant from each other; and the package containing such cheese shall be marked in the same manner, and in the same number of places, and in the same description of letters as above provided for the marking of the cheese; and all sales or consignments made by manufacturers of filled cheese to wholesale dealers in filled cheese or to exporters of filled cheese shall be in original stamped packages. Retail dealers in filled cheese shall sell only from original stamped packages, and shall pack the filled cheese when sold in suitable wooden or paper packages, which shall be marked and branded in accordance with rules and regulations to be prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. Every person who knowingly sells or offers to sell, or delivers or offers to deliver, filled cheese in any other form than in new wooden or paper packages, marked and branded as hereinbefore provided and as above described, or who packs in any package or packages filled cheese 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 upon conviction thereof be fined for each and every offense not less than fifty dollars and not more than five hundred dollars or be imprisoned not less than thirty days nor more than one year. (29 Stat. 254.) § 6246. (Act June 6, 1896, c. 337, § 7.) Dealers' signs; penalty.
All retail and wholesale dealers in filled cheese shall display in a conspicuous place in his or their sales room a sign bearing the words "Filled cheese sold here” in black-faced letters not less than six inches in length, upon a white ground, with the name and number of the revenue district in which his or their business is conducted; and any wholesale or retail dealer in filled cheese who fails or neglects to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined for each and every offense not less than fifty dollars and not more than two hundred dollars. (29 Stat. 255.) § 6247. (Act June 6, 1896, c. 337, § 8.) Label and notice on pack
ages of filled cheese; penalty. Every manufacturer of filled cheese shall securely affix, by pasting on each package containing filled cheese 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: Coup.St.'13—176
"Notice.-The manufacturer of the filled cheese herein contained has complied with all the requirements of the law. Every person is cautioned not to use either this package again or the stamp thereon again, nor to remove the contents of this package without destroying said stamp, under the penalty provided by law in such cases."
Every manufacturer of filled cheese who neglects to affix such label to any package containing filled cheese made by him or sold or offered for sale by or for him, and every person who removes any such label so affixed from any such package, shall be fined fifty dollars for each package in respect to which such offense is committed. (29 Stat. 255.) § 6248. (Act June 6, 1896, c. 337, $ 9.) Tax on filled cheese.
Upon all filled cheese which shall be manufactured there shall be assessed and collected a tax of one cent per pound, to be paid by the manufacturer thereof; and any fractional part of a pound in a package shall be taxed as a pound. The tax levied by this section shall be represented by coupon stamps; and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by this section. (29 Stat. 255.)
The provisions governing the issuance, sale, accountability, and destruction of stamps relating to tobacco and snuff were made by R. S. 88 3369–
3376, ante, 88 6178-6185. § 6249. (Act June 6, 1896, c. 337, § 10.) Assessment of tax on
filled cheese sold without stamps. Whenever any manufacturer of filled cheese sells or removes for sale or consumption any filled cheese upon which the tax is required to be paid by stamps, without paying such tax, it shall be the duty of the Commissioner of Internal Revenue, within a period of not more than two years after such sale or removal, upon satisfactory proof, to estimate the amount of tax which has been omitted to be paid and to make an assessment therefor and certify the same to the collector. The tax so assessed shall be in addition to the penalties imposed by law for such sale or removal. (29 Stat. 255.)
The Commissioner was required to estimate the tax on any article sold without the use of the proper stamps by Act Aug. 27, 1894, c. 349, $ 47,
post, $ 6348. § 6250. (Act June 6, 1896, c. 337, § 11.) Imported filled cheese.
All filled cheese as herein defined imported from foreign countries shall, in addition to any import duty imposed on the same, pay an internal-revenue tax of eight cents per pound, such tax to be represented by coupon stamps; and such imported filled cheese and the packages containing the same shall be stamped, marked, and branded, as in the case of filled cheese manufactured in the United States. (29 Stat. 255.)
Provisions for inspection, and for regulation of importation and transportation, of adulterated foods, etc., are collected under Title LVI B, “Regulations of Interstate and Foreign Commerce as to Particular Subjects," c. B.