Regulation of Import, Export, and Sale of Adulterated or Misbranded Articles
- Prohibits introduction into or export from the Philippines of adulterated or misbranded food or drugs.
- First offense penalty: fine up to 400 pesos.
- Subsequent offense penalty: fine up to 600 pesos, imprisonment up to one year, or both.
- Exception for export articles prepared according to foreign purchaser's specifications without conflicting substances if not sold domestically.
Rules and Regulations for Enforcement
- Uniform rules to be created by Insular Collector of Customs, Director of Health, and Collector of Internal Revenue.
- Subject to approval by the Secretary of the Interior.
- Includes specimen collection and examination protocols.
Examination and Reporting Procedure
- Specimens examined by the Bureau of Science under supervision.
- Notices sent to parties if adulteration or misbranding is found.
- Opportunity for hearing provided.
- Secretary of the Interior to certify violations to Attorney-General with authenticated analysis.
- Publication of court judgments after proceedings.
Prosecution Responsibilities
- Attorney-General shall prosecute violations promptly upon notification.
Definitions of Key Terms
- "Drug": medicines recognized in the U.S. Pharmacopeia or National Formulary and substances for curing or preventing disease.
- "Food": articles used for food, drink, confectionery, or condiment for humans or animals.
Criteria for Adulteration
- Drugs: deviation from recognized standards unless clearly labeled.
- Confectionery: prohibited from containing certain mineral or poisonous substances.
- Food: mixed with or substituted by inferior or harmful substances; presence of filthy or decomposed parts.
Criteria for Misbranding
- False or misleading labeling or packaging.
- Imitation drugs or food sold under another article's name.
- Failure to disclose presence or quantity of specified narcotic or poisonous substances.
- Exceptions for clearly labeled compounds, blends, and proprietary foods without harmful additives.
Defense by Dealers through Guaranty
- Dealers protected from prosecution if they hold a guaranty from wholesaler or manufacturer.
- Guarantor held responsible for violations.
Confiscation and Condemnation of Illegally Adulterated or Misbranded Articles
- Articles subject to seizure and condemnation by courts.
- Disposal by destruction or sale with proceeds paid to the treasury.
- Owner may obtain delivery by court bond ensuring compliance with law.
- Proceedings follow admiralty rules.
Sample Collection for Inspection
- Samples collected by customs, health, and internal revenue officers with receipt issued.
- Representative quantities specified.
- Samples sealed and one copy given to owner or consignee.
Hearing Procedures
- Notice and opportunity to be heard provided to party notified of violation.
- Hearings are private and fact-based.
- Re-examination or resealing of samples may be ordered.
Labeling and Packaging Requirements
- Labels must truthfully indicate the name, contents, place of manufacture, and quantities of specific substances.
- English language predominates with specified exceptions.
- Descriptive matter must not be false or misleading.
- Use of geographical names permitted only when truthful or long established as generic terms.
Standards for Drugs and Proprietary Foods
- Drugs must meet U.S. Pharmacopoeia or National Formulary standards unless otherwise labeled.
- Proprietary foods labeling requirements limited to necessary ingredient disclosure.
Regulation of Coloring, Preservatives, and Additives
- Only harmless colors and preservatives allowed.
- External preservatives must be removable before consumption.
- Director of Health has authority to approve or prohibit specific additives.
Import and Export Controls
- Imported meat must carry official inspection certificates.
- Importation of forbidden or restricted goods denied.
- Exported foods may have additives conforming to buyer’s country law but must be labeled and segregated.
Enforcement and Inspection Powers
- Director of Health and authorized officers empowered to inspect all places and products.
- Owners must provide samples without remuneration.
Amendment of Regulations
- Regulations may be amended by approval of Secretary of the Interior and consent of relevant officials at any time.
This summary outlines the full framework governing the prevention, inspection, and penalization of adulterated or misbranded foods and drugs intended for manufacture, sale, transportation, import, or export within and through the Philippine Islands under Act No. 1655 of 1907 and its enforcement rules.