such timber. (Sec. 1102, 49 Stat. 647; | ments to the estate of an individual who dies prior to January 1, 1940. After August 10, 1939, therefore, a lump-sum benefit is no longer payable under section 204 during the lifetime of such individual. (2) Effective August 10, 1939, no lumpsum benefit is payable on the basis of services rendered prior to January 1, 1940, described in subparagraphs (11) and (12) of section 209 (b) of the Social Security Act, as amended by the Social Security Act Amendments of 1939. (Relating to services in the employ of foreign governments and their instrumentalities, see § 402.12a) (3) Effective August 11, 1939, no lumpsum benefit is payable on the basis of services rendered prior to January 1, 1940, described in section 2 of the Act approved August 11, 1939 (53 Stat. 1420; 26 U.S.C., Sup., 1410 (note), relating to salvaging timber and clearing SECTION 2 OF THE ACT APPROVED AUGUST 11, debris left by a hurricane, see § 402.12b). 1939 (53 STAT. 1420) (Sec. 1102, 49 Stat. 647; 42 U.S.C., Sup., 1302) [As amended Nov. 13, 1939; 4 F.R. 4598] CROSS REFERENCE: For definitions of attainment of age 65, employment, and wages, see §§ 402.1 (1), 402.2, and 402.13, respectively. § 402.302 Applications for lump-sum benefit payment. A lump-sum benefit will be certified for payment only upon application of the legal representative of the deceased wage earner, or of some person specified in § 402.311 or § 402.312, who is entitled, under the laws of the State in which the deceased wage earner was domiciled, to receive payment. (Sec. 1102, 49 Stat. 647; 42 U.S.C., Sup., 1302) [As amended Nov. 13, 1939; 4 F.R. 4598] (b) Amount payable. The amount of the lump-sum benefit payable is a sum equal to 32 per centum of the total wages § 402.307 Proof of age. (a) The statewhich the Board determines were paid to ment contained in the application as to a wage earner with respect to employ- the wage earner's date of birth will orment performed by him after 1936 and dinarily be sufficient. However, the apbefore he attained age 65. If less than plicant, on written notice from the the total amount to which a wage earner Board, may be required to furnish the was entitled has been paid to him dur-corroborative evidence of the date of ing his lifetime, the amount payable to his estate is the difference between the total amount to which he was entitled and the amount paid before his death. birth set forth in paragraph (b) of this section. Generally such corroborative evidence will not be required unless (1) the date of birth stated in the applica(c) New provisions of law limiting tion is at variance with the date of birth payments under sections 203 and 204 of as shown by the records of the Board; the Act. (1) Section 902 (g) of the Social | (2) the records of the Board do not show Security Act Amendments of 1939 limits the date of birth of the wage earner; lump-sum benefit payments under sec- (3) the wage earner failed to apply for an tion 204, after August 10, 1939, to pay-account number; or (4) there is reason to suspect misrepresentation by the applicant. (b) If required by written notice from the Board the date of the birth of the wage earner shall be corroborated by the applicant by the following evidence: (1) A certified copy of, or a statement as to the date of birth shown by, a public record of the birth, or (3) A statement of two other persons having knowledge thereof, executed as required in the prescribed form, or (4) Such evidence as shall be deemed by the Board to be of probatory value acceptable to the Board. The certification required under either (1) or (2) above shall be made by the custodian charged with the duty of preserving such records. (Sec. 1102, 49 Stat. 647; 42 (2) A certified copy of a church rec-U.S.C., Sup., 1302) [As amended Nov. ord of infant baptism, or 13, 1939; 4 F.R. 4598] TITLE 21-FOOD AND DRUGS CHAPTER I-FOOD AND DRUG ADMINISTRATION DEPARTMENT OF AGRICULTURE PART 2-REGULATIONS FOR THE| dium and such article complies with the ENFORCEMENT OF THE FEDERAL specifications set forth therefor in such FOOD, DRUG, AND COSMETIC ACT compendium, such ingredient may be § 2.104 Habit-forming drugs; label requirements. (b) If the drug is in tablet, capsule, ampul, or other unit form, the statement of the quantity or proportion of such substance or derivative contained therein shall express the weight or measure of such substance or derivative in each such unit. If the drug is not in such unit form the statement shall express the weight or measure of such substance or derivative in a specified unit of weight or measure of the drug. Such statement shall be in terms which are informative to the ordinary consumer and user of the drug. [As amended June 27, 1939; 4 F.R. 2711] designated on the label of such drug by the common or usual name under which such specifications are so set forth. (2) Where an ingredient contains a substance the quantity or proportion of which is required by section 502 (e) (2) of the Act to appear on the label, and such ingredient is not a derivative or preparation of such substance as defined in paragraph (b) (1) of this section, the label shall bear, in conjunction with the name of the ingredient, a statement of the quantity or proportion of such substance in such drug. formula shall not be considered to be (3) An abbreviation or chemical a common or usual name. The name "acetophenetidin" shall be considered to be the same as the name "acetphene(c) The names and quantities or pro- tidin," "aminopyrine" the same as portions of all such substances and de- “amidopyrine." The name "alcohol" rivatives, and the statement "Warning-without qualification, means ethyl alMay be habit forming," shall immedi- cohol. [As amended June 27, 1939; 4 ately follow (without intervening writ- F.R. 2712] ten, printed, or graphic matter) the name by which such drug is titled in the part or panel of the label thereof which is presented or displayed under customary conditions of purchase. [As amended June 27, 1939; 4 F.R. 2711] * or (b) * (2) A statement on the label of a drug of the name of an ingredient thereof, which ingredient is a derivative or preparation of a substance named in section 502 (e) (2) of the Act, shall show the substance from which such in- § 2.105 Drugs; statement of ingredients and proportion. (a) (1) The name of an ingredient, substance, derivative, preparation required by section 502 (e) (2) of the Act to be borne on the label of a drug shall be the name thereof which is listed in such section 502 (e) (2) of the (2) A statement of the Act, or, if not so listed, shall be a specific age of alcohol shall express the percentname and not a collective name. But if age of absolute alcohol at 60° Fahrenan ingredient is an article the name of heit (15.56° Centigrade). A statement which is recognized in an official compen- of the percentage of a substance, deriva percent § 2.300 Shipper's declaration. A person who ships a food, drug, device, or cosmetic to the United States shall make a declaration (on Form No. 197 or No. 198 Consular, whichever shall be applicable) which shall include a statement to the effect that such article has not been manufactured, processed, or packed under insanitary conditions; that such article is not forbidden or restricted in sale in the country in which it was produced or from which it was exported; that such article is not adulterated, misbranded nor in violation of section 505 of the Act. FORM NO. 198-CONSULAR 1 DECLARATION OF SHIPPER OF FOOD, DRUG, AND COSMETIC PRODUCTS Regarding shipment covered by Invoice No. on certified at (Date) I, the undersigned, am the coloring matter used, if any) (State I further declare that such article or ar ticles are not of such character as to prohibit their entry into the United States in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act in that they have not been manufactured, processed, or packed under insanitary conditions, nor are they of a character to cause prohibition or restriction in sale in the country where made or from which exported, nor are they adulterated or misbranded, nor are they in violation of section 505 of the Federal Food, Drug, and Cosmetic Act. I further declare that the drug products herein mentioned and described contain no opium, coca leaves, cocaine, or any salt, de rivative or preparation of opium, coca leaves, or cocaine, the importation of which into the United States is prohibited by the Narcotic Drugs Import and Export Act, as amended. I do solemnly and truly declare the foregoing statements to be true, to the best of my knowledge and belief. Dated at this ----- day *§§ 2.300 to 2.312, inclusive, issued under the authority contained in sec. 701 (b), 801, 52 Stat. 1055, 1058; 21 U.S.C., Sup., 371 (b), 381. †The source of §§ 2.300 to 2.312, inclusive, is Regulations governing exports and imports, jointly prescribed by the Secretary of the Treasury and the Secretary of Agriculture to enforce sec. 801 (a) of the Act, and prescribed by the Secretary of the Treasury and promulgated by the Secretary of Agriculture to enforce sec. 801 (b) (c), of the Act, Mar. 21, 1939 and April 8, 1939, respectively; 4 F.R. 1549. These regulations shall take effect on June 25, 1939; except that, to the extent that they may relate to the enforcement of secs. 502 (1), 505, or 601 (a) of the Act, they shall take effect on Mar. 21, 1939. § 2.301 Instructions to consular officers. (a) (1) This declaration (§ 2.300) is to be firmly attached to all copies of consular invoices covering shipments of over $100 in value. (2) The official seal must be placed on the declaration, and the number, date of certification of invoice, and name of post plainly indicated. (3) Shipper should be instructed to no preservative (salt, sugar, vinegar, or wood declare the name of the manufacturer smoke excepted) except whenever possible. (State preservative used, if any) 1 Consular Form 197 contains the same wording-but in addition includes a special invoice (form) at the bottom of the sheet. (It is employed in cases where the usual consular invoice is not required). (4) If the declaration is believed to be incorrect or incomplete, or if consul believes that the goods are liable to detention, he should note such information on the invoice in the consular corrections or remarks column. (b) If the article is to be offered for (c) (1) At ports of entry where there import at Atlanta, Baltimore, Boston, is no laboratory of the Food and Drug Buffalo, Chicago, Cincinnati, Denver, Administration the collector of customs Houston, Kansas City, Los Angeles, Min- or appropriate customs officer shall, on neapolis, New Orleans, New York, Phila- the day of receipt of the first notice, by delphia, San Francisco, St. Louis, Seattle, invoice or entry, of an expected shipment of articles subject to the Act, notify the chief of station, within whose territory the port is located, of the expected shipment. or other port where a station shall be established by the Food and Drug Administration, the seller or shipper shall attach such declaration to the invoice on which such article is to be entered. (c) If the article is to be offered for import at a port where no station has been established by the Food and Drug Administration, the seller or shipper shall make an extra copy of such invoice for the station of the Food and Drug Administration within the jurisdiction of which such port is located, and shall attach such declaration to such extra copy.*† § 2.302 Bonds; delivery; sampling. (a) No food, drug, device, or cosmetic shall be delivered to the consignee prior to report of examination of such article, or prior to the stamping of the invoice as prescribed by paragraph (b) of this section showing that no sample is desired, except upon the execution on the appropriate form of a customs single-entry or term bond, containing a condition for the redelivery of the merchandise, or any part thereof, upon demand of the collector of customs at any time, in such amount as is prescribed for such bonds in the customs regulations in force on the date of entry. The bond shall be filed with the collector of customs, who, in case of default, shall take appropriate action to effect the collection of liquidated damages provided for in the bond. (b) As soon as the importer makes entry of an article, the invoice covering it and the package of it designated by the collector of customs for examination shall be made available, with the least possible delay, for inspection by a representative of the station. When a sample is desired the representative shall request the collector of customs or the appropriate customs officer therefor, indicating the size of the sample. When no sample is desired the invoice shall be stamped by the representative "No sample desired. Food and Drug Administration, United States Department of Agriculture, per (initials of the representative)." (3) If a sample is desired, the chief of station shall immediately request the colofficer to forward it and indicate the size lector of customs or appropriate customs of sample. (4) Upon receipt of such request the collector of customs or appropriate customs officer shall forward the sample without delay, together with a description of the shipment. (5) When samples will be desired from each shipment of a particular article or when samples will not be desired, the chief of station shall furnish, at least every 6 months, to collectors of customs or appropriate customs officers within the station territory, a list of such articles and on the list of articles of which samples will be desired, shall indicate the size of sample for each such article. Upon the arrival of shipments of articles appearing on the list of samples which will be desired, the collectors of customs or appropriate customs officers shall send such samples to the station without delay, together with a description of the shipments. The list of articles, samples of which will not be requested, shall be treated as the equivalent of paragraph (b) of this section and the invoices of such articles shall be handled accordingly. (6) In all particulars the procedure shall be the same at non-laboratory ports as at laboratory ports except that the time consumed in delivery by mail of the notice of hearing shall be allowed for.*† |