The act, “For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes,” approved June 30, 1906, shall be known and referred to as “The Food and Drugs Act, June 30, 1906.”
Regulation 2. Original Unbroken Package.
(Section 2.)
The term “original unbroken package” as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package.
Regulation 3. Collection of Samples.
(Section 4.)
Samples of unbroken packages shall be collected only by authorized agents of the Department of Agriculture; or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose.
Samples may be purchased in the open market, and if in bulk the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples.
A sample shall be divided into three parts, and each part shall be labeled with the identifying marks. All samples shall be sealed by the collector with a seal provided for the purpose. If the package be less than 4 pounds, or in volume less than 2 quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased or to the party guaranteeing such merchandise. One sample shall be sent to the Bureau of Chemistry, or to such chemist or examiner as may be designated by the Secretary of Agriculture, and the third sample shall be held under seal by the Secretary of Agriculture.