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BIENNIAL REPORT OF THE ATTORNEY GENERAL
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COMMISS'IONER OF AGRICULTURE INSPECTION DIVISION
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December 21, 1938.
PURE FOOD AND DRUGS-DOES FLORIDA STATUTE (SECTION 3211
C.G.LJ ADOPT DEFINITIONS AND STANDARDS SET FORTH IN
NEW FEDERAL FOOD, pRUG AND COSMETIC ACT OF 1938?
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Dear Sirs:
I.
At the last session of Congress, an act was passed which is known
as "The Federal Food, Drug and Cosmetic Act," which in Section 902
thereof repeals the Federal Food and Drugs Act of June 30, 1906, as
amended, said repeal to take effect twelve months after the date of the
enactment of the new statute.
The Florida Food and Drugs Act, Chapter 5662, Acts of 1907, as
amended by Chapter 6122, Acts of 1911, as further amended by Chapter
65401, Acts of 1913, and as set forth in Sections 3200 to 3211, inclusive,
Compiled General Laws, 1927, is practically a counterpart of the Federal
Food and Drugs Act of June 30, 1906. The essential difference between
the State and Federal legislation is that the State statute applies to
intrastate transactions while the Federal act applies to interstate trans­
actions.
Section 3211, Compiled General Laws of Florida, 1927, reads as
follows:
"The definitions and standards of foods and drugs prescribed
by the Act of Congress approved June 30th, 1906, entitled 'An
Act for Preventing the Manufacture, Sale or Transportation of
Adulterated or Misbranded or Poisonous or Deleterious Foods,
Drugs, Medicines or Liquors, and for Regulating Traffic There­
in, and for Other Purposes,' and amendments thereto, are here­
by adopted and declared to be the definitions and standards
of foods under the terms and meaning of this Chapter, and
that no article of food shall be deemed to be adulterated under
the terms of this Chapter other than those defined and found
to be adulterated, poisonous, deleterious or detrimental to health
under the provisions
the Food and Drugs Act of Congress
approved June thirtieth, nineteen hundred and six, and amend­
ments thereto. The Commissioner of Agriculture, with the ad­
vice of the State Chemist, shall establish such rules and regula­
tions as shall not be inconsistent w~th the provisions of this
Chapter; in conformity with the rules and regUlations formu­
lated by the United States Department of Agriculture, by au­
thority of the National Food. and Drugs Act of June thirtieth,
nineteen hundred and six, and amendments thereto. (Ch. 5662,
13; Ch. 6122, Acts 1911,
15; Ch. 6541, Acts 1913,
Acts 1907,
of
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15,)"
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BIENNIAL REPORT OF THE AT;I'ORNEY GENERAL
281
COMMISSIONER OF AGRICULTURE INSPECTION DIVISION
You request my opinion as to whether or not the provisions of Sec­
tion 3211, Compiled General Laws, above set forth, are sufficiently
comprehensive to adopt the definitions and standards prescribed by the
Federal Food, Drug and Cosmetic Act of 1938 to which reference is
hereinabove made.
It is my opinion that Section 3211, Compiled General Laws, must
. be construed as including only the definitions and 5tandards prescribed
by the Act of Congress approved June 30, 1906.· This conclusion is
inevitable in the light of the fact that Section 3211, Compiled General
Laws refers specifically to that Federal Act and is not sufficiently broad
to include any other Fede~al enactments on the subject of Pure Food
and Drugs· which are not amendments to the Federal Act of 1906. The
Federal Food, Drug and Cosmetic Act of 1938 is not an amendment of
the Act of 1906 as is evidenced by the fact that it specifically repeals
the earlier Federal act.