Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1900

Mr. White to Mr. Hay.

Embassy of the United States,
Berlin, May 22, 1900.

No. 1253.]

Sir: Referring to previous dispatches, I have the honor to transmit herewith three copies of the bill for the general inspection of meat as agreed to, upon its third reading yesterday, and passed by the Reichstag to-day. As was anticipated, the so-called “compromise” was accepted, it having been declared by Count Posadowsky, on Monday, that it represented the extreme length to which the Government was willing to go in the direction of complying with the wishes of the Agrarians. In his speech Count Posadowsky called attention to the fact that the Government considered the bill as merely a sanitary measure, and not one intended to “protect” the German producer. The opponents of the bill called attention to the fact that for years American tinned meats had formed a part of the rations of the German soldier without any sickness being caused thereby, and stated that the poorer classes used these meats because they could not afford to buy fresh meat, and consequently they would in future be obliged to go without meat at all, as they certainly would not be able to buy meat at the advanced prices anticipated by the Agrarians as a result of the passage of the bill. It is now practically certain that the bill as passed will be accepted by the Bundesrath and duly promulgated. The date when the provisions of the bill are to go into effect, however, is to be fixed by Imperial proclamation (section 30) although preparations for carrying out its provisions are to be made as soon as it is promulgated.

I am, etc.,

And. D. White.

[Inclosure.—Translation.]

An act relative to the inspection of animals used for food and of meat.

[No. 837. Reichstag. Tenth legislative period, First session, 1898–1900.]

[In pursuance of the resolutions adopted by the Reichstag in third conference.]

We, William, by the grace of God, German Emperor, King of Prussia, etc., decree in the name of the Empire, the assent of the Federal Council and of the Reichstag having been obtained, as follows:

1. Neat cattle, swine, sheep, goats, horses, and dogs, the meat of which is intended to be used as human food, shall be subjected to an official inspection both before and after slaughter. In pursuance of a resolution of the Federal Council (Bundesrath) compulsory inspection may be extended to other animals.

When an animal is slaughtered in a case of emergency the previous inspection may be omitted.

The following are to be considered as cases of emergency: When there is reason to fear that the animal may die before the arrival of the proper inspector, or that the value of the flesh may be materially diminished owing to aggravation of the diseased condition, or when in consequence of an accident the animal must be killed immediately.

2. In case of animals whose flesh is to be used exclusively in the owner’s own household the inspection previous to slaughter may be omitted in cases in which the animals do not present any signs of disease showing the unfitness of their flesh for food. The inspection after slaughter may likewise be omitted in cases in which such indications of disease do not appear during the killing.

Traffic in meat, the inspection of which has been omitted on the ground of paragraph 1, is forbidden.

As “own household,” in the sense of paragraph 1, are not to be considered the households of barracks, hospitals, educational institutions, eating houses, prisons, almshouses, and similar institutions, nor the households of butchers, dealers in meats, nor keepers of houses where food and drink are served.

3. The federated governments are authorized to order the inspection at places where and times when a contagious animal disease prevails of all food animals that have been exposed to infection.

4. Meats, in the sense of this law, are fresh or preserved edible parts of warm-blooded animals. As “parts” are also considered fats and sausages prepared from warm-blooded animals; other products, however, only when so ordered by the Bundesrath.

5. Inspection districts are to be formed for making inspections, and at least one inspector and one deputy shall be appointed for each of such districts.

The inspection districts shall be formed and the inspectors shall be appointed by the federated governmental authorities. Special inspectors may be appointed by the military authorities for duty in military packing houses.

Officially recognized veterinarians, or other persons who have given evidence that they possess sufficient knowledge, shall be appointed as inspectors.

6. If the inspections show that disease exists, or that there is ground for suspecting the existence of a disease of which notice is required to be given, action is to be taken in accordance with the regulations in force that govern the case.

7. If the inspection made previous to slaughter does not furnish any ground for preventing the same, the inspector shall permit it to take place, any special precautions being taken that, in his judgment, are proper.

The slaughter of the animal presented for inspection shall not take place before permission is given, and then only with the proviso that the special precautionary measures are adopted.

If the slaughter does not take place two days at the latest after permission is given, it shall be allowable only after a reinspection and a second permission.

8. If the inspection after slaughter shows no ground for the condemnation of the meat, the inspector shall declare it fit for human food.

Before the inspection, parts of the slaughtered animal shall not be removed.

9. If the inspection shows that the meat is unfit for human food, the inspector shall seize it, inform the owner of this fact, and immediately give notice to the police authorities.

Meat that has been shown by the inspection to be unwholesome shall not be sold for human food.

The use of this meat for other purposes may be permitted by the police authorities, provided that there are no sanitary reasons to prevent. The police authorities shall determine what precautionary measures are to be adopted in order to prevent the use of such meat as human food.

This meat shall not be offered for sale without permission from the police, and then only provided that the precautionary measures prescribed by the police authorities are adopted.

The meat shall be disposed of by the police authorities in such a way that it can do no harm, in case its use for other purposes is not permissible.

10. If the inspection shows that the meat is fit for human food only on certain conditions, the inspector shall seize it provisionally, shall inform the owner of this fact, and shall at once notify the police authorities. The latter shall determine under what precautionary measures the meat can be rendered fit for human food.

Meat which has thus been recognized as fit for food, only on certain conditions, shall not be offered for sale as human food before it has been made fit for such food by the precautionary measures prescribed by the police authorities.

If the meat is not thus rendered fit for food, the provisions of section 9, paragraphs 3 to 5, are to be observed.

11. Traffic in meat thus made fit for human food (sec. 10, par. 1) can take place only under a designation showing this condition to exist.

Traffic in and use of such meat by dealers in meat and eating-house keepers are allowed only upon permission from the police authorities; this permission shall be revocable at any time. Such meat shall be delivered to the above-mentioned tradesmen only in case such a permit has been granted to them. In the places of business of these persons it must be made especially evident, by means of an intelligible notice in a conspicuous place, that meat of the quality designated in paragraph 1 is sold or used.

Dealers in meat shall not offer for sale or sell this quality of meat in the same rooms in which wholesome meat (sec. 8) is offered for sale or sold.

12. The importation past the customs line of meat in hermetically sealed cans or in other similar packages, of sausages and other mixtures made from chopped meat, is prohibited.

The following provisions relative to the importation of meat past the customs line shall be in force until December 31, 1903:

(1) Fresh meat may be imported past the customs line only in entire carcasses, but the carcasses of beef (not including calves) and of swine may be cut into halves.

The pleura and the peritoneum, the lungs, heart, kidneys, and, in the case of cows, the udder also, must be attached in a natural position.

The Bundesrath is authorized to extend this provision to other organs.

(2) Prepared meat may be imported only when, from the method of its manipulation and preparation, danger to human health is, as shown by experience, excluded, or when, at the time of its importation, its harmlessness to man’s health can be determined in a reliable manner. This determination is considered impossible, especially in salted meat (pokelfleisch) when the weight of single pieces is less than 4 kilograms (8.8 pounds); this provision does not apply to hams, bacon, and casings.

Meat which has been subjected to a preserving process, but which has practically retained the properties of fresh meat, or which, by proper treatment, can recover those properties, is not to be considered as prepared meat. Such meat comes under the provisions of No. 1.

After December 1, 1903, the conditions governing the importation of meat are to be determined anew by law. If no new law is enacted by the time mentioned, the regulations established by paragraph 2 of this section shall remain in force until further measures are adopted.

13. Meat passing the customs line shall be subject, upon its importation, to an official inspection made with the cooperation of the customs authorities. An exception shall be made in the case of meat that shall be shown to have already been inspected in the inland (inside of the customs line) as required by the regulations, and of meat intended for shipment in direct transit.

The importation of meat shall take place only through certain custom-houses. The Bundesrath shall determine these custom-houses and also the customs and revenue offices where the inspection of meat may take place.

14. The provisions of sections 12 and 13 shall be applicable to game and poultry and to meat taken to be eaten on journeys only so far as the Bundesrath may determine.

Exceptions to the regulations of sections 12 and 13 may be made by order of the federated governments in the case of meat introduced in the minor frontier trade and in the fair and, market trade of frontier districts.

15. The Bundesrath is authorized to prohibit and restrict importation otherwise than as provided in sections 12 and 13.

16. The provisions of section 8, paragraph 1, and of sections 9 to 11, apply also to meat passing inside of the customs line. Instead of the innocuous removal (see sec. 9, par. 5), or of the precautionary measures ordered by the police, the reexportation of meat may, however, be permitted (corresponding precautionary measures being adopted), provided that this be done without prejudice to sanitary considerations.

17. Meat which is not intended for human food, but which can be so used, may be imported without inspection after it has been rendered unfit for such food.

18. The inspection (sec. 1) of horses must be made by officially recognized veterinarians.

The sale of horse meat, as well as the importation of such meat inside of the customs line, shall take place only under a designation which, in the German language, makes the meat recognizable as horse meat.

Dealers in meat and keepers of eating houses shall be permitted to sell and use horse meat only with the sanction of the police authorities; their permits shall be revocable at any time. Horse meat may be delivered to the above-named tradesmen only in case such a permit has been granted to them.

In the business places of these persons it must be made specially evident, by means of an intelligible notice in a conspicuous place, that horse meat is sold or used.

Dealers in meat shall not offer for sale or sell horse meat in the same rooms where the meat of other animals is offered for sale or sold.

The Bundesrath is authorized to order that the above regulations be enforced in the case of asses, mules, dogs, and other animals that are more rarely slaughtered for food.

19. The inspector shall plainly indicate upon the meat the result of the inspection. Meat imported from abroad is, in addition, to be clearly indicated as imported meat.

The Bundesrath shall determine the kind of mark to be used.

20. Meat that has been subjected, within the Empire, to the official inspection required by sections 8 to 16 shall be subjected to an official reinspection only for the purpose of determining whether it has spoiled in the meantime or whether it has suffered any other change in its condition rendering it injurious to health.

Enactments of the federated governments according to which, in the case of communities with public slaughterhouses, the sale of fresh meat may be subjected to restrictions, especially to compulsory inspection within the community, shall remain intact, with the proviso that their enforcement shall not be made dependent upon the origin of the meat.

21. In the industrial preparation of meat no materials or processes shall be used that can render the articles injurious to health. It is forbidden to import such prepared meat from foreign countries or to offer it for sale, to sell it, or otherwise to bring it into traffic.

The Bundesrath shall determine the materials and methods to which these regulations shall be applicable.

The Bundesrath shall decide how far the regulations of paragraph 1 are applicable also to special materials and processes calculated to disguise unwholesome meat or meat of an inferior quality.

22. The Bundesrath is authorized:

(1) To issue regulations for ascertaining whether persons possess sufficient knowledge (sec. 5) to act as meat inspectors.

(2) To establish general principles, according to which the inspection of animals and meat is to be made and for the further treatment of animals and meat in case of condemnation.

(3) To make the necessary arrangements for carrying out the provisions of section 12, and for determining the fees for the inspection of meat brought inside the customs line.

23. The question as to who is to bear the expense of the official inspection (sec. 1) shall be regulated by the law of each federated government. In further matters, the necessary regulations for enforcing the law shall be issued by the government of each federated State, provided that the Bundesrath has not been declared competent, or in case the Bundesrath does not exercise the authority conferred upon it by section 22.

24. Regulations adopted by the federated Governments for trichina inspection and for the sale and use of meat that, although fit for human food, is considerably diminished in value as such food, and regulations adopted by said Governments relative to—

(1) Animals to be subjected to inspection;

(2) Inspections by officially recognized veterinarians;

(3) The sale of condemned meat or of the flesh of the animals mentioned in section 18;

Also other requirements not specified in this law shall be permissible provided that their enforcement can not be made dependent upon the origin of the animals or of the meat.

25. The Bundesrath shall determine how far the provisions of this law apply to meat introduced from outside the customs line.

26. The imprisonment not exceeding six months and a fine not exceeding 1,500 marks, or either of these penalties, shall be imposed upon:

(1) Any person who shall knowingly act in contravention of section 9, paragraphs 2, 4; section 10, paragraphs 2, 3; section 12, paragraph 1; or section 21, paragraph 3.

(2) Any person who shall knowingly place on the market as human food meat that has been imported contrary to the regulations of section 12, paragraph 1, or meat that has been rendered unfit for human food according to section 17.

(3) Any person who shall fraudulently affix or counterfeit the marks provided for in section 19, or who shall knowingly offer for sale or sell meat on which the marks have been fraudulently affixed, counterfeited, or removed.

27. A fine not exceeding 150 marks, or the penalty of imprisonment shall be imposed upon:

(1) Any person who, through carelessness, shall commit one of the acts mentioned in section 26, numbers 1 and 2.

(2) Any person who shall slaughter an animal before it has been subjected to the inspection provided for in this law, or to an inspection as provided by section 1, paragraph 1, sentence 2; section 3; section 18, paragraph 5; or section 24.

(3) Any person who shall place on the market meat before it has been subjected to the inspection provided for in this law, or by section 1, paragraph 1, sentence 2; section 3; section 14, paragraph 1; section 18, paragraph 5; or section 24.

(4) Any persons who shall act in contravention of section 2, paragraph 2; section 7, paragraph 2, 3; section 8, paragraph 2; section 11; section 12, paragraph 2; section 13, paragraph 2; or section 18, paragraph 2 to 4; also any person who shall contravene orders issued on the basis of section 15; or section 18, paragraph 5; or the legal regulations of the federated Governments concerning the sale and use of meat, issued on the basis of section 24.

28. In the cases provided for in section 26, numbers 1 and 2; and in section 27, number 1, the confiscation of the meat shall be ordered in addition to the penalty.

In a case of confiscation it is immaterial whether the object seized belongs to the condemned person or not.

If the prosecution or condemnation of a given person is not possible, the seizure may be ordered unconditionally.

29. The provisions of the law of May 14, 1879 (page 145, Reichs-Gesetzblatt), regarding the traffic in foods and articles of use, shall remain unchanged. The provisions of section 16 of the said law shall also be applicable to infractions of the present law.

30. The provisions of this law which relate to the adoption of the arrangements necessary for the execution of the law for the inspection of animals and of meat shall take effect on the day of the promulgation of this law.

The time when the law is to take effect, either in whole or in part, shall be fixed by an imperial order with the approval of the Bundesrath.

In witness whereof, etc.,

Done, etc.

Berlin, May 22, 1900.

Resolution adopted:

The Reichstag deems it advisable for public insurance of animals used for food to be established by local laws, supplementary to the law for the inspection of animals and of meat. It thinks that this should be done with the aid of an appropriation from the State, and that measures should be adopted for utilizing the refuse portions of slaughtered animals.