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Tea Importation Act of 1897

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US law

Tea Importation Act of 1897
Great Seal of the United States
Long titleAn Act to prevent the importation of impure and unwholesome tea.
Enacted bythe54th United States Congress
EffectiveMay 1, 1897
Citations
Public lawPub. L. 54–358
Statutes at Large29 Stat. 604
Codification
Titles amended21 U.S.C.: Food and Drugs
U.S.C. sections created21 U.S.C. ch. 2 § 41 et seq.
Legislative history

Tea Importation Act of 1897 was a United Statespublic law forbidding theimport oftea into the United States with excessive levels offluoride,heavy metals,oxalate, andpesticides. TheAct of Congress established a uniform standard of purity and quality while attempting to achieve the optimalhealth effects of tea andphenolic content in tea.[citation needed] The statute declared it unlawful to import into the United States "any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards kept at customhouses..."[1] For nearly a century, Congress provided that no imported tea could enter the United States unless federal tea-tasters decided that it measured up to preselected standard samples. The law restricted theInternational trade ofcamellia sinensis.[citation needed]

The 1897statute superseded the Spurious Tea Importation Act of 1883.[2][3]

The act was on the books for 99 years before its repeal in 1996.[4] After repeal, theFood and Drug Administration still regulates the quality of tea imported to the United States under the Federal Food, Drug, and Cosmetic Act of 1938.[1]

Provisions of the Act

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The United States statute had twelve sections and authorized theUnited States Secretary of the Treasury to implement the law.

As codified just before its repeal, the Act instructed theSecretary of Health and Human Services each year "to appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard samples of tea."[5] In accordance with the board of experts' recommendations, the Secretary was instructed to "fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported unto the United States" and to deposit samples of these standards in thecustomhouses of various ports of entry. Tea importers were required to submit samples of their product for comparison with the standard samples kept at the customhouses. The imported samples were then tested "by a duly qualified examiner," who would test "the purity, quality, and fitness for consumption of the... [imported tea samples] according to the usages and customs of the tea trade, including the testing of aninfusion of the same in boiling water and, if necessary, chemical analysis."[citation needed]

Board of Tea Appeals

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The Board of Tea Appeals was aUnited Statesfederal agency under the jurisdiction of the Food and Drug Administration. From its establishment in 1897 until its abolishment in 1996, it adjudicated the claims oftea importers whose products were denied entry into the United States by federal tea-tasters. The Board was authorized to permit delivery or order destruction or exportation of substandard teas.[6]

Amendment and Repeal of 1897 Act

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The Tea Importation Act of 1908 amended the 1897 public law permitting the import of tea siftings, tea sweepings, or tea waste for theextraction ofcaffeine or theine, and otherchemical products.[7] The 1897 Act was repealed with the United States 104th Congressional session enactment of the Federal Tea Tasters Repeal Act of 1996.[8][9]

Sections of the act

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The twelve sections of the original act:

21 U.S.C. § 1 ~ Prohibit the unlawful importation of substandard tea
21 U.S.C. § 2 ~ Establishment of a board of experts on tea
21 U.S.C. § 3 ~ Establishment of tea purity standards
21 U.S.C. § 4 ~ Bonds of exporters, examination of imported tea, and importation at ports without examiners
21 U.S.C. § 5 ~ Delivery permits, reexamination, retention of substandard tea
21 U.S.C. § 6 ~ Referral of disputes toBoard of Tea Appeals to permit delivery, order destruction, or exportation of substandard tea
21 U.S.C. § 7 ~ Examiners and examination according to usage of trade
21 U.S.C. § 8 ~ Reexaminations including findings by examiner and assistance of experts
21 U.S.C. § 9 ~ Reimporting rejected tea and forfeitures for violation of provisions
21 U.S.C. § 10 ~ Issuance of regulations
21 U.S.C. § 11 ~ Tea on shipboard subject to former 1883 law
21 U.S.C. § 12 ~ Repeal of 1883 Act

See also

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References

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  1. ^ab21 U.S.C. §§ 301 et seq
  2. ^"Spurious Tea Importation Act of 1883 ~ P.L. 47-64"(PDF). 22 Stat. 451 ~ House Bill 7486. USLaw.Link. March 2, 1883.
  3. ^"Spurious Tea Importation Act of 1883 ~ House Bill 7486". P.L. 47-64 ~ 22 Stat. 451. National Archives and Records Administration. March 2, 1883.
  4. ^Act of March 2, 1897, ch. 358, 29 Stat. 604 (codified as amended at 21 U.S.C. Sec. 41-50 (1994))
  5. ^21 U.S.C. Sec. 42
  6. ^Office of the Law Revision Counsel Ch 2 TeaArchived September 11, 2006, at theWayback Machine
  7. ^"Tea Importation Act of 1908 ~ P.L. 60-117"(PDF). 35 Stat. 163 ~ Senate Bill 514. USLaw.Link. May 16, 1908.
  8. ^"Federal Tea Tasters Repeal Act of 1996 ~ P.L. 104-128"(PDF). 110 Stat. 1198 ~ House Bill 2969. U.S. Government Printing Office. April 9, 1996.
  9. ^"H.R. 2969 ~ Federal Tea Tasters Repeal Act of 1996". P.L. 104-128 ~ 110 Stat. 1198. Congress.gov. February 23, 1996.

Bibliography

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  • "A Brief History of Tea: The Rise and Fall of the Tea Importation Act" by Patricia JB DeWitt[1]
  • Federal Administrative Law by Gary Lawson

External links

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