Page:United States Statutes at Large Volume 53 Part 1.djvu/269

This page needs to be proofread.

FILLED CHEESE cording to law, or which is contained in packages not branded or marked according to law, shall be liable to a penalty of $50 for each such offense. (g) FAILURE TO DESTROY STAMPS ON EMPTIED PACKAGES.- Any per- son who willfully neglects or refuses to destroy the stamps on any empty package which contained filled cheese shall, for each such of- fense, be fined not exceeding $50 or imprisoned not less than ten days nor more than six months. SEC. 2358. FORFEITURES. (a) PURCHAsING WHEN SPECIAL TAX NOT PAID. -Every person who knowingly purchases or receives for sale any filled cheese from any manufacturer or importer who has not paid the special tax pro- vided for in section 3210 of chapter 27 shall be liable, for each offense, to a forfeiture of all articles so purchased or received, or of the full value thereof. (b) PACKAGES UNSTAMPED, UNMARKIED, OR DELETERIOUS.- All pack- ages of filled cheese subject to tax under this chapter that shall be found without stamps or marks as herein provided, and all filled cheese intended for human consumption which contains ingredients adjudged as hereinafter provided to be deleterious to the public health, shall be forfeited to the United States. SEC. 2359. RECOVERY OF PENALTIES AND FORFEITURES. All fines, penalties, and forfeitures imposed by this chapter or sec- tion 3211 may be recovered in any court of competent jurisdiction. SEC. 2360. COMMISSIONER'S DECISIONS. (a) DELEERIOUS INGREDIENTs.-The Commissioner is authorized to have applied scientific tests, and to decide whether any substances used in the manufacture of filled cheese contain ingredients deleteri- ous to health. (b) APPEAL.- In case of doubt or contest the decision of the Com- missioner in the class of cases referred to in subsection (a) may be appealed from to a board constituted for the purpose, and composed of the Surgeon General of the Army, the Surgeon General of the Navy, and the Secretary of Agriculture, and the decision of this board shall be final in the premises. SEC. 2361. TOBACCO STAMP LAWS APPLICABLE. The provisions of law governing the engraving, issue, sale, account- ability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, shall apply to stamps provided for by paragraph (1) of subsection (c) of section 2351. SEC. 2362. REGULATIONS. For authority of the Commissioner, with the approval of the Secre- tary, to make all needful regulations for the carrying into effect of the provisions of this chapter and sections 3210 and 3211, see section 3791 (a) (1). 259