(F. I. D. 25.) Food Products Offered for Entry and Afterward Declared to Be for Technical Purposes

June 21, 1905.

On June 14 this Department was asked to release an invoice of egg albumen which had been found to be preserved with boric acid, thus containing a substance prejudicial to health and refused admission on that ground, on the statement of the importer that the product would be reserved solely for technical purposes. It is manifest that the action of this Department should not be based upon any statement of the importer made subsequent to the sampling of the invoice for examination.

The plain provision of the law requires the inspection of food products when deemed advisable, and their exclusion in certain circumstances. When a food product is thus excluded under the regular application of the law, it can not be released and permitted entry on a subsequent declaration that it will be reserved for technical purposes only. Any product which may be used either for technical purposes or for food will be regarded as a food product, irrespective of any declaration subsequent to inspection respecting the use to which it is to be put.

The use of a food product for other purposes is incidental, and should not be construed as exempting food products of that class from examination in the regular way.

F. I. D. 26.

UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.