Chapter 262. To prohibit the shipment of filled milk in interstate or foreign commerce
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CHAP. 262.— An Act To prohibit the shipment of filled milk in interstate or foreign commerce. March 4, 1923.[[H. R. 8086](/us/bill/67/hr/8086).][[Public, No. 513](/us/67/pl/513).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Filled milk. That whenever used in this Act—
(a)Terms construed.“Person” The term “person” includes an individual, partnership, corporation, or association;
(b)“Interstate or foreign commerce.” The term “interstate or foreign commerce” means commerce
(1)between any State, Territory, or possession, or the District of Columbia, and any place outside thereof;
(2)between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof ; or
(3)within any Territory or possession, or within the District of Columbia; and
(c)“Filled milk” The term “filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, Proprietary food compound not included.concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or *Proviso*.For infants on physician’s order. Distinctive packing, etc.powdered milk, or cream: *Provided*, That such compound
(1)is prepared and designed for feeding infants and young children and customarily used on the order of a physician;
(2)is packed in individual cans containing not more than sixteen and one-half ounces 1487and bearing a label in bold type that the content is to be used only for said purpose;
(3)is shipped in interstate or foreign commerce Shipped exclusively to physicians, druggists, etc.exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them. Sec. 2. It is hereby declared that filled milk, as herein defined, Declared an adulterated food, and sale constitutes a fraud.Manufacture, etc., unlawful.is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. Sec. 3. Any person violating any provision of this Act shall Punishment for violations.upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both; except that Enforcing delayed 30 days.no penalty shall be enforced for any such violation occurring within thirty days after this Act becomes law. When construing and Principals liable for acta of agents.enforcing the provisions of this Act, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person. Approved, March 4, 1923.