Sec. 2. That if any person or persons violate the provisions of this act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that the jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (Act of July 1, 1902.)
(F. I. D. 2.)
OPINIONS OF THE ATTORNEY-GENERAL RELATING TO THE SCOPE AND MEANING OF THE ACT OF JULY 1, 1902 (32 STAT., 632), REGULATING THE BRANDING OF DAIRY AND FOOD PRODUCTS FOR INTERSTATE COMMERCE.[46]
[46] Published as an unnumbered circular, Office of the Secretary.
August 1, 1903.
In order that a correct understanding might be had as to the scope of the law relating to the branding of dairy and food products, the opinion of the Attorney-General was asked concerning certain features of that act. Samples of labels which were used in commercial operations were submitted, with the request that an opinion be given as to whether or not they conformed to the provisions of the law. Two separate opinions were asked of the Attorney-General in regard to this law.
First, in the case of a firm, ———— ————, established in one State and dealing in goods which were grown and manufactured in another State, the labels, however, bearing the name and address of the firm in its central place of business, the direct question asked was:
Is not the label as it stands a distinct statement that the product bearing it is manufactured and prepared in (address of the firm given)?
One particular object of the law appears to be to prevent the utilization of the name of localities which have become noted for the production of a certain food product in connection with other food products of a similar nature made elsewhere.
The second point on which the opinion of the Attorney-General was asked was as follows:
The question which I desire to propose to you now is, whether, under the provisions of the two acts referred to (Public—No. 158, approved March 3, 1903, regulating the importation of goods, and the act first mentioned above) it will be possible to prevent the misbranding of foreign products. In other words, would the provisions of Public—No. 223, referred to first above, apply to any foreign product entering into interstate commerce, or do they apply only to articles of food of domestic manufacture?