PART X.

INVALIDS’ AND INFANTS’ FOODS.

One of the most important subjects in connection with the food supply is the study of the foods which are offered for the use of infants and invalids. The demands of modern society, unfortunately, have deprived the American infant in many cases of the food which Nature intended it to have. It is, therefore, a condition, rather than a theory, confronting the feeding of the American infant. It often is a choice between starvation and an artificial food. A most self-evident fact in connection with infant food is that until an infant reaches the age when it is naturally weaned it should have as a food only milk. The common substitute for mother’s milk is cow’s milk. The important point in this connection is that the milk should be from a healthy cow, kept in a sanitary condition, and the milk should be secured in thoroughly sanitary ways. These methods of preparing milk are, in fact, the practical result of modern sanitary theories. The composition of cow’s milk is not that of mother’s milk. It contains more protein and less milk sugar than the normal milk of the mother. For this reason the cow’s milk is often modified to bring it into nearer relationship to the natural mother’s milk. When this is done under scientific directions and according to a prescription furnished by a competent physician or physiologist there is no objection to its use provided it is accomplished without exposure of the milk to bacteria or other contamination. The addition of drugs to milk in its preparation for infants’ use cannot be generally commended. The citrate of lime or limewater is one of the substances which is often added to milk, and that, too, by the direction of a physician. There are conditions of disease in infants where such a modification is advisable, but it is doubtful if it is ever so in the case of a healthy child. The same remark may be made respecting the limewater.

=Composition of Modified Milk.=--Proteids and ash in cow’s milk are much higher than in human milk and are brought to the proper degree of reduction by blending with other milk and diluting the milk with water.

---------+-----+-------+-------+-------+------- | | | |DILUTED|DILUTED |COW’S|DILUTED|DILUTED| THREE | FOUR |MILK.| ONCE. | TWICE.| TIMES.| TIMES. ---------+-----+-------+-------+-------+------- Proteids,| 4.00| 2.00 | 1.35 | 1.00 | 0.80 Ash, | 0.70| 0.35 | 0.23 | 0.18 | 0.14 ---------+-----+-------+-------+-------+-------

The ingredients commonly employed for modified milk are (1) cream containing 16 percent of fat; (2) centrifugally skimmed milk by which the fat has been removed; (3) milk sugar or a standard solution of milk sugar of say 20 percent strength; and (4) lime water.

_Formulæ._--It is obviously impossible to establish formulæ universally applicable even to healthy infants, but the following may be regarded as typical, representing the composition of a modified milk, to suit the needs of an average growing infant during its first year:

---------------------+----------+----------+---------- PERIOD. | FAT. | PROTEIDS.| SUGAR. ---------------------+----------+----------+---------- |_Percent._|_Percent._|_Percent._ 3 to 14 days, | 2 | 0.6 | 6 2 to 6 weeks, | 2.5 | 0.6 | 6 6 to 11 weeks, | 3 | 1.0 | 6 11 weeks to 5 months,| 3.5 | 1.5 | 7 5 to 9 months, | 4 | 2 | 7 9 to 12 months, | 4.5 | 2.5 | 3.5 ---------------------+----------+----------+----------

(Albert E. Leach, “Food Inspection and Analysis.”)

=Solid Infant’s Food.=--A large number of infant foods in the solid state are upon the market. These have been studied very carefully by many observers with a view not only of determining their chemical properties but also their relative digestibility. These prepared infant foods are not always made in harmony with the natural demands of young children. As has just been indicated, they are not, as a rule, suitable for infants before the time of weaning, being better adapted to the use of young children. In the following tables are the data representing the chemical composition of some of the common infants’ foods.

=Invalid Foods.=--The term “invalid foods” is applied to almost every kind of a concoction containing a food substance which is administered to an invalid or convalescent, often for medical purposes rather than for real nutrition. Chief among these invalid foods may be mentioned the meat extracts containing that portion of the meat soluble in hot water. These bodies consist chiefly of meat bases together with certain soluble salts and it has long been recognized that they have very little nutritive value. They are also found in concentrated or even a dry state. The unconcentrated invalid foods of this class sometimes contain glycerol (glycerine) or alcohol as a preservative. There are also many forms of meat juice supposed to be the direct extract by pressure or otherwise of the natural juice of the meat. Since these bodies could not be preserved otherwise than by sterilization, which would coagulate the albuminous portion, they are often preserved by the addition of glycerine or some other antiseptic substance. It is doubtful if any of these preserved bodies are proper food for a deranged stomach either in the case of a real invalid or of a convalescent.

In addition to these there are a great many so-called predigested or precooked foods which are largely advertised for certain forms of deranged digestion or malnutrition. The market is flooded with brain foods, nerve foods, etc., which, if they were as poor as their advertising claims are exaggerated, would be sorry substitutes for the natural food which grown people eat. Fortunately these foods are often far better than one would suppose and many of them are wholly unobjectionable in character in so far as composition is concerned, though the price which one must pay for these nutrients seems out of all proportion to the actual cost of the raw material. Following are data showing the composition of some of the more important foods which are advertised as having curative or medicinal qualities or as suitable for infants and invalids, and thus are brought prominently to the attention of the invalid or convalescent.

------+------+------+------+------+------+------+----- | | | | | | COLD | | | | | | RE- | WATER| | | | | PRO- |DUCING| EX- | DEX- |WATER.| ASH. | FAT. |TEIDS.|SUGAR.|TRACT.|TRIN. ------+------+------+------+------+------+------+----- | _Per-| _Per-| _Per-| _Per-| _Per-| _Per-| _Per- |cent._|cent._|cent._|cent._|cent._|cent._|cent._ No. 1,| 3.76 | 3.02 | 6.30 | 9.21| 52.50| 78.76| Much No. 2,| 2.12 | 4.34 | 8.70 | 14.02| 49.02| 75.80| „ No. 3,| 1.96 | 3.85 | 0.60 | 11.06| 57.96| 81.10| „ No. 4,| 3.25 | 2.20 | 5.65 | 8.66| ... | 82.00| 11.50 No. 5,| 1.37 | 1.63 | 4.75 | 9.13| ... | 46.57| 11.02 No. 6,| 7.09 | 0.42 | 0.23 | 14.48| ... | 3.58| 1.74 No. 7,| 5.73 | 0.86 | 1.00 | 10.41| 26.32| 34.57| 7.30 No. 8,| 1.55 | 1.20 | 1.10 | 5.69| 57.57| 50.05| Much ------+------+------+------+------+------+------+------------

The above data give a general view of the relations of nutrient in foods of this class. The percentage of mineral matter varies chiefly in proportion to the varying content of common salt. The fat varies from one to about nine percent. Protein exists in quantities from nearly six to 15 percent. Sugar constitutes the predominant nutritive component of almost all these bodies, only one showing a small percentage thereof. It is evident that if any one of these types of food be regarded as a standard nearly all the others would prove objectionable. The foods in the following table are largely farinaceous in composition.

COMPOSITION OF INFANTS’ AND INVALIDS’ FOODS.

(_As determined by A. McGill, Bulletin 59, Laboratory of Inland Revenue, Ottawa, Canada_).

MEAN RESULTS OF ANALYSIS.--GROUP I.--FARINACEOUS FOODS. ----+------+------+------+------+------+------+-------+------+ | NUM- | | | | |SUM OF| TOTAL | | | BER | | | | |LOSSES|ALBUMI-| | | OF | | | | | TO | NOIDS | | | SAM- | |FAT BY| LOSS | | ALCO-| FROM | | | PLES | |PETRO-| TO | LOSS | HOL | NITRO-| | NUM-| ANA- | MOIS-| LEUM | ALCO-| TO | AND | GEN | | BER.|LYZED.| TURE.|ETHER.| HOL. |WATER.|WATER.|× 6.25.| ASH. | ----+------+------+------+------+------+------+-------+------+ | | _Per-| _Per-| _Per-| _Per-| _Per-| _Per- | _Per-| | |cent._|cent._|cent._|cent._|cent._|cent._ |cent._| 1 | 2 | 13.96| 0.29| .. | 3.21 | 3.21| 1.24 | 0.06 | 2 | 5 | 9.61| 0.64| 4.91| 2.91 | 7.82| 10.38 | 1.48 | 3 | 5 | 9.44| 0.27| 0.73| 3.91 | 4.64| 9.49 | 0.96 | 4 | 4 | 9.71| 0.14| 9.95| 3.60 | 13.55| 8.54 | 0.80 | 5 | 5 | 6.04| 0.72| .. | 3.94 | 3.94| 13.77 | 0.49 | 6 | 2 | 9.99| 0.13| .. | .. | 8.83| 8.60 | 2.08 | | | | | | | | | | 7 | 9 | 8.12| 0.48| 0.34| 4.67 | 5.02| 13.83 | 0.53 | 8 | 7 | 9.41| 0.41| 0.65| 2.26 | 2.91| 7.46 | 0.94 | 9 | 2 | 8.65| 0.85| 5.90| 3.77 | 9.67| 12.18 | 0.88 | +------+ | | | | | | | | 41 | | | | | | | | ----+------+------+------+------+------+------+-------+------+ GROUP II.--MIXED FOODS. ----+------+------+------+------+------+------+-------+------+ 10 | 2 | 6.84| 1.17| .. | .. | 25.96| 8.75 | 0.76 | 11 | 5 | 4.22| 3.49| 27.89| 6.00 | 33.89| 7.19 | 1.05 | 12 | 2 | 5.38| 0.57| .. | .. | 29.59| 10.43 | 1.06 | 13 | 2 | 4.26| 1.60| 35.28| 4.73 | 40.01| 11.38 | 2.82 | 14 | 9 | 2.55| 1.41| .. | .. | 63.87| 14.00 | 3.57 | 15 | 12 | 5.77| 0.48| 28.24| 4.27 | 32.90| 10.01 | 2.57 | 16 | 8 | 4.72| 0.30| .. | .. | 82.06| 10.10 | 3.50 | 17 | 4 | 2.89| 22.26| .. | .. | 60.10| 12.19 | 3.85 | 18 | 2 | 4.92| 8.10| .. | .. | 46.30| 9.00 | 2.08 | 19 | 9 | 2.18| 4.45| 39.54| 4.30 | 43.84| 10.72 | 1.60 | 20 | 2 | 5.89| 3.17| 42.54| 1.82 | 44.36| 3.62 | 0.42 | 21 | 3 | 0.80| 0.04| .. | .. | 96.60| 1.13 | 0.90 | 22 | 2 | 5.69| 2.18| .. | .. | 38.21| 16.60 | 2.78 | +------+ | | | | | | | | 62 | | | | | | | | ----+------+------+------+------+------+------+-------+------+

MEAN RESULTS OF ANALYSIS.--GROUP I.--FARINACEOUS FOODS. ----+-------+-------+-------------------------+----------------------- | |STARCH,| SUGAR. | |STARCH,| FIBER,+-----------------+-------+ | FIBER,| ASH, | Reducing. | | | ETC. | ETC. +--------+--------+ | | (BY | (BY | Ex- | | | NUM-|DIFFER-|DIFFER-| pressed| _Per- | Cane | BER.| ENCE).| ENCE).| as | cent._ | Sugar.|REMARKS. ----+-------+-------+--------+--------+-------+----------------------- | _Per-| _Per-| | | _Per-| | cent._| cent._| | | cent._| 1 | 81.28 | .. | .. | .. | .. |Arrowroot starch. 2 | 67.35 | 72.00 |Invert. | 5 | .. |Wheat starch. 3 | 75.14 | 76.29 | A trace. | .. |Cereal starches. 4 | 67.46 | 67.88 |Maltose.| 3 | 10 | „ starch. 5 | 76.60 | .. | .. | .. | .. |Wheat starch. 6 | 69.24 | .. | .. | .. | 3 |Maize and wheat | | | | | |starches. 7 | .. | 72.01 | .. | .. | .. |Wheat starch. 8 | 78.66 | 79.41 | .. | .. | .. |Barley starch. 9 | 68.62 | .. | .. | .. | 5 |Wheat starch. | | | | | | | | | | | | ----+-------+-------+--------+--------+-------+----------------------- GROUP II.--MIXED FOODS. ----+-------+-------+--------+--------+-------+----------------------- 10 | 56.83 | .. |Invert. | 3 | 20 |Wheat starch. 11 | .. | 49.31 |Lactose.| 1 | 30 | „ 12 | 53.62 | 54.28 |Maltose.| 20 | .. | „ 13 | 40.51 | 42.10 | .. | .. | 35 | 14 | .. | 15.68 |Maltose.| 49 | 8 | 15 | 47.72 | 50.50 |Lactose.| 30 | Trace.| „ 16 | .. | .. |Maltose.|50 to 60| .. | 17 | 1.45 | 4.44 |Lactose.| 50 | .. | 18 | 31.02 | .. | „ | 30 | 15 |Cereal starches. 19 | 35.34 | 38.80 | „ | 8.96| 36.34|Wheat starch. 20 | 42.70 | .. | .. | .. | 40 |Maize starch and cocoa. 21 | .. | .. |Lactose.|80 to 90| .. | 22 | 34.54 | .. | „ | 30 |8 to 9 | | | | | | | | | | | | | ----+-------+-------+--------+--------+-------+-----------------------

APPENDIX A.

UNITED STATES DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY--Circular No. 19.

STANDARDS OF PURITY FOR FOOD PRODUCTS.

SUPERSEDING CIRCULARS NOS. 13 AND 17.

SUPPLEMENTAL PROCLAMATION.

Referring to Circular No. 13 of this Office, dated December 20, 1904, and to Circular No. 17 of this Office, dated March 8, 1906, the following food standards are hereby established as superseding and supplemental to those proclaimed on the dates above named.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _June 26, 1906_.

LETTER OF SUBMITTAL.

THE HONORABLE THE SECRETARY OF AGRICULTURE:

_Sir_: The undersigned, representing the Association of Official Agricultural Chemists of the United States and the Interstate Food Commission, and commissioned by you, under authority given by the act of Congress approved March 3, 1903, to collaborate with you “to establish standards of purity for food products and to determine what are regarded as adulterations therein,” respectfully report that they have carefully reviewed, in the light of recent investigations and correspondence, the standards earlier recommended by them and have prepared a set of amended schedules, in which certain changes have been introduced for the purpose of securing increased accuracy of expression and a more perfect correspondence of the chemical limits to the normal materials designated, and from which standards previously proclaimed for several manufactured articles have been omitted because of the unsatisfactory condition of trade nomenclature as applied thereto; and also additional schedules of standards for ice creams, vegetables and vegetable products, tea, and coffee. They respectfully recommend that the standards herewith submitted be approved and proclaimed as the established standards, superseding and supplementing those established on December 20, 1904, and March 8, 1906.

The principles that have guided us in the formulation of these standards are appended hereto.

The several schedules of additional standards recommended have been submitted, in a tentative form, to the manufacturing firms and the trade immediately interested, and also to the State food-control officials for criticism.

Respectfully, WILLIAM FREAR, EDWARD H. JENKINS, M. A. SCOVELL, H. A. WEBER, H. W. WILEY, _Committee on Food Standards, Association of Official Agricultural Chemists._ RICHARD FISCHER, _Representing the Interstate Food Commission._

WASHINGTON, D.C., _June 26, 1906._

PRINCIPLES ON WHICH THE STANDARDS ARE BASED.

The general considerations which have guided the committee in preparing the standards for food products are the following:

1. The standards are expressed in the form of definitions, with or without accompanying specifications of limit in composition.

2. The main classes of food articles are defined before the subordinate classes are considered.

3. The definitions are so framed as to exclude from the articles defined substances not included in the definitions.

4. The definitions include, where possible, those qualities which make the articles described wholesome for human food.

5. A term defined in any of the several schedules has the same meaning wherever else it is used in this report.

6. The names of food products herein defined usually agree with existing American trade or manufacturing usage; but where such usage is not clearly established or where trade names confuse two or more articles for which specific designations are desirable, preference is given to one of the several trade names applied.

7. Standards are based upon data representing materials produced under American conditions and manufactured by American processes or representing such varieties of foreign articles as are chiefly imported for American use.

8. The standards fixed are such that a departure of the articles to which they apply, above the maximum or below the minimum limit prescribed, is evidence that such articles are of inferior or abnormal quality.

9. The limits fixed as standard are not necessarily the extremes authentically recorded for the article in question, because such extremes are commonly due to abnormal conditions of production and are usually accompanied by marks of inferiority or abnormality readily perceived by the producer or manufacturer.

FOOD STANDARDS.

I. ANIMAL PRODUCTS.

A. MEATS AND THE PRINCIPAL MEAT PRODUCTS.

a. MEATS.

1. _Meat_, _flesh_, is any clean, sound, dressed, and properly prepared edible part of animals in good health at the time of slaughter, and if it bears a name descriptive of its kind, composition, or origin, it corresponds thereto. The term “animals,” as herein used, includes not only mammals, but fish, fowl, crustaceans, mollusks, and all other animals used as food.

2. _Fresh meat_ is meat from animals recently slaughtered and properly cooled until delivered to the consumer.

3. _Cold storage meat_ is meat from animals recently slaughtered and preserved by refrigeration until delivered to the consumer.[37]

[37] The establishment of proper periods of time for cold storage is reserved for future consideration when the investigations on this subject, authorized by Congress, are completed.

4. _Salted_, _pickled_, and _smoked meats_ are unmixed meats preserved by salt, sugar, vinegar, spices, or smoke, singly or in combination, whether in bulk or in suitable containers.[38]

b. MANUFACTURED MEATS.

1. _Manufactured meats_ are meats not included in paragraphs 2, 3, and 4, whether simple or mixed, whole or comminuted, in bulk or in suitable containers,[38] with or without the addition of salt, sugar, vinegar, spices, smoke, oils, or rendered fat. If they bear names descriptive of kind, composition, or origin, they correspond thereto, and when bearing such descriptive names, if force or flavoring meats are used, the kind and quantity thereof are made known.

[38] Suitable containers for keeping moist food products such as sirups, honey, condensed milk, soups, meat extracts, meats, manufactured meats, and undried fruits and vegetables, and wrappers in contact with food products, contain on their surfaces, in contact with the food product, no lead, antimony, arsenic, zinc, or copper, or any compounds thereof or any other poisonous or injurious substance. If the containers are made of tin plate they are outside-soldered and the plate in no place contains less than one hundred and thirteen (113) milligrams of tin on a piece five (5) centimeters square or one and eight-tenths (1.8) grains on a piece two (2) inches square.

The inner coating of the containers is free from pin-holes, blisters, and cracks.

If the tin plate is lacquered, the lacquer completely covers the tinned surface within the container and yields to the contents of the container no lead, antimony, arsenic, zinc, or copper or any compounds thereof, or any other poisonous or injurious substance.

c. MEAT EXTRACTS, MEAT PEPTONES, ETC.

(Schedule in preparation.)

d. LARD.

1. _Lard_ is the rendered fresh fat from hogs in good health at the time of slaughter, is clean, free from rancidity, and contains, necessarily incorporated in the process of rendering, not more than one (1) percent of substances, other than fatty acids and fat.

2. _Leaf lard_ is lard rendered at moderately high temperatures from the internal fat of the abdomen of the hog, excluding that adherent to the intestines, and has an iodin number not greater than sixty (60).

3. _Neutral lard_ is lard rendered at low temperatures.

B. MILK AND ITS PRODUCTS.

a. MILKS.

1. Milk is the fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and ten days after calving, and contains not less than eight and one-half (8.5) percent of solids not fat, and not less than three and one-quarter (3.25) percent of milk fat.

2. Blended milk is milk modified in its composition so as to have a definite and stated percentage of one or more of its constituents.

3. _Skim milk_ is milk from which a part or all of the cream has been removed and contains not less than nine and one-quarter (9.25) percent of milk solids.

4. _Pasteurized milk_ is milk that has been heated below boiling but sufficiently to kill most of the active organisms present and immediately cooled to 50° Fahr. or lower.

5. _Sterilized milk_ is milk that has been heated at the temperature of boiling water or higher for a length of time sufficient to kill all organisms present.

6. _Condensed milk_, _evaporated milk_, is milk from which a considerable portion of water has been evaporated, and contains not less than twenty-eight (28) percent of milk solids of which not less than twenty-seven and five-tenths (27.5) percent is milk fat.

7. _Sweetened condensed milk_ is milk from which a considerable portion of water has been evaporated and to which sugar (sucrose) has been added, and contains not less than twenty-eight (28) percent of milk solids, of which not less than twenty-seven and five-tenths (27.5) percent is milk fat.

8. _Condensed skim milk_ is skim milk from which a considerable portion of water has been evaporated.

9. _Buttermilk_ is the product that remains when butter is removed from milk or cream in the process of churning.

10. _Goat’s milk_, _ewe’s milk_, _et cetera_, are the fresh, clean, lacteal secretions, free from colostrum, obtained by the complete milking of healthy animals other than cows, properly fed and kept, and conform in name to the species of animal from which they are obtained.

b. CREAM.

1. _Cream_ is that portion of milk, rich in milk fat, which rises to the surface of milk on standing, or is separated from it by centrifugal force, is fresh and clean and contains not less than eighteen (18) percent of milk fat.

2. _Evaporated cream_, _clotted cream_, is cream from which a considerable portion of water has been evaporated.

c. MILK FAT OR BUTTER FAT.

1. _Milk fat_, _butter fat_, is the fat of milk, and has a Reichert-Meissl number not less than twenty-four (24) and a specific gravity not less than 0.905

(40° C.) (------). (40° C.)

d. BUTTER.

1. _Butter_ is the clean, non-rancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt, and contains not less than eighty-two and five-tenths (82.5) percent of milk fat. By acts of Congress approved August 2, 1886, and May 9, 1902, butter may also contain added coloring matter.

2. _Renovated butter_, _process butter_, is the product made by melting butter and reworking, without the addition or use of chemicals or any substances except milk, cream, or salt, and contains not more than sixteen (16) percent of water and at least eighty-two and five-tenths (82.5) percent of milk fat.

e. CHEESE.

1. _Cheese_ is the sound, solid, and ripened product made from milk or cream by coagulating the casein thereof with rennet or lactic acid, with or without the addition of ripening ferments and seasoning, and contains, in the water-free substance, not less than fifty (50) percent of milk fat. By act of Congress, approved June 6, 1896, cheese may also contain added coloring matter.

2. _Skim milk cheese_ is the sound, solid, and ripened product, made from skim milk by coagulating the casein thereof with rennet or lactic acid, with or without the addition of ripening ferments and seasoning.

3. _Goat’s milk cheese_, _ewe’s milk cheese_, _et cetera_, are the sound, ripened products made from the milks of the animals specified, by coagulating the casein thereof with rennet or lactic acid, with or without the addition of ripening ferments and seasoning.

f. ICE CREAMS.

1. _Ice cream_ is a frozen product made from cream and sugar, with or without a natural flavoring, and contains not less than fourteen (14) percent of milk fat.

2. _Fruit ice cream_ is a frozen product made from cream, sugar, and sound, clean, mature fruits, and contains not less than twelve (12) percent of milk fat.

3. _Nut ice cream_ is a frozen product made from cream, sugar, and sound, non-rancid nuts, and contains not less than twelve (12) percent of milk fat.

g. MISCELLANEOUS MILK PRODUCTS.

1. _Whey_ is the product remaining after the removal of fat and casein from milk in the process of cheese-making.

2. _Kumiss_ is the product made by the alcoholic fermentation of mare’s or cow’s milk.

II. VEGETABLE PRODUCTS.

A. GRAIN PRODUCTS.

a. GRAINS AND MEALS.

1. _Grain_ is the fully matured, clean, sound, air-dry seed of wheat, maize, rice, oats, rye, buckwheat, barley, sorghum, millet, or spelt.

2. _Meal_ is the clean, sound product made by grinding grain.

3. _Flour_ is the fine, clean, sound product made by bolting wheat meal and contains not more than thirteen and one-half (13.5) percent of moisture, not less than one and twenty-five hundredths (1.25) percent of nitrogen, not more than one (1) percent of ash, and not more than fifty hundredths (0.50) percent of fiber.

4. _Graham flour_ is unbolted wheat meal.

5. _Gluten flour_ is the clean, sound product made from flour by the removal of starch and contains not less than five and six-tenths (5.6) percent of nitrogen and not more than ten (10) percent of moisture.

6. _Maize meal_, _corn meal_, _Indian corn meal_, is meal made from sound maize grain and contains not more than fourteen (14) percent of moisture, not less than one and twelve-hundredths (1.12) percent of nitrogen, and not more than one and six-tenths (1.6) percent of ash.

7. _Rice_ is the hulled, or hulled and polished grain of _Oryza sativa_.

8. _Oatmeal_ is meal made from hulled oats and contains not more than twelve (12) percent of moisture, not more than one and five-tenths (1.5) percent of crude fiber, not less than two and twenty-four hundredths (2.24) percent of nitrogen, and not more than two and two-tenths (2.2) percent of ash.

9. _Rye flour_ is the fine, clean, sound product made by bolting rye meal and contains not more than thirteen and one-half (13.5) percent of moisture, not less than one and thirty-six hundredths (1.36) percent of nitrogen, and not more than one and twenty-five hundredths (1.25) percent of ash.

10. _Buckwheat flour_ is bolted buckwheat meal and contains not more than twelve (12) percent of moisture, not less than one and twenty-eight hundredths (1.28) percent of nitrogen, and not more than one and seventy-five hundredths (1.75) percent of ash.

B. FRUIT AND VEGETABLES.

a. FRUIT AND FRUIT PRODUCTS.

(Except fruit juices, fresh, sweet, and fermented, and vinegars.)

1. _Fruits_ are the clean, sound, edible, fleshy fructifications of plants, distinguished by their sweet, acid, and ethereal flavors.

2. _Dried fruit_[39] is the clean, sound product made by drying mature, properly prepared, fresh fruit in such a way as to take up no harmful substance, and conforms in name to the fruit used in its preparation; _sun-dried fruit_ is dried fruit made by drying without the use of artificial means; _evaporated fruit_ is dried fruit made by drying with the use of artificial means.

[39] The subject of sulfurous acid in dried fruits is reserved for consideration in connection with the schedule “Preservatives and Coloring Matters.”

3. _Evaporated apples_ are evaporated fruit made from peeled and cored apples, and contain not more than twenty-seven (27) percent of moisture determined by the usual commercial method of drying for four (4) hours at the temperature of boiling water.

(Standards for other dried fruits are in preparation.)

4. _Canned fruit_ is the sound product made by sterilizing clean, sound, properly matured and prepared fresh fruit, by heating, with or without sugar (sucrose) and spices, and keeping in suitable, clean, hermetically sealed containers and conforms in name to the fruit used in its preparation.

5. _Preserve_[40] is the sound product made from clean, sound, properly matured and prepared fresh fruit and sugar (sucrose) sirup, with or without spices or vinegar, and conforms in name to that of the fruit used, and in its preparation not less than forty-five (45) pounds of fruit are used to each fifty-five (55) pounds of sugar.

6. _Honey preserve_[40] is preserve in which honey is used in place of sugar (sucrose) sirup.

7. _Glucose preserve_[40] is preserve in which a glucose product is used in place of sugar (sucrose) sirup.

8. _Jam_, _marmalade_,[40] is the sound product made from clean, sound, properly matured and prepared fresh fruit and sugar (sucrose), with or without spices or vinegar, by boiling to a pulpy or semisolid consistence, and conforms in name to the fruit used, and in its preparation not less than forty-five (45) pounds of fruit are used to each fifty-five (55) pounds of sugar.

9. _Glucose jam_, _glucose marmalade_,[40] is jam in which a glucose product is used in place of sugar (sucrose).

10. _Fruit butter_[40] is the sound product made from fruit juice and clean, sound, properly matured and prepared fruit, evaporated to a semisolid mass of homogeneous consistence, with or without the addition of sugar and spices or vinegar, and conforms in name to the fruit used in its preparation.

11. _Glucose fruit butter_[40] is fruit butter in which a glucose product is used in place of sugar (sucrose).

12. _Jelly_[40] is the sound, semisolid, gelatinous product made by boiling clean, sound, properly matured and prepared fresh fruit with water, concentrating the expressed and strained juice, to which sugar (sucrose) is added, and conforms in name to the fruit used in its preparation.

13. _Glucose jelly_[40] is jelly in which a glucose product is used in place of sugar (sucrose).

[40] Products made with mixtures of sugar, glucose, and honey, or any two thereof, are reserved for future consideration.

b. VEGETABLES AND VEGETABLE PRODUCTS.

1. _Vegetables_ are the succulent, clean, sound, edible parts of herbaceous plants used for culinary purposes.

2. _Dried vegetables_ are the clean, sound products made by drying properly matured and prepared vegetables in such a way as to take up no harmful substance, and conform in name to the vegetables used in their preparation; _sun-dried vegetables_ are dried vegetables made by drying without the use of artificial means; _evaporated vegetables_ are dried vegetables made by drying with the use of artificial means.

3. _Canned vegetables_ are sound, properly matured and prepared fresh vegetables, with or without salt, sterilized by heat, with or without previous cooking in vessels from which they take up no metallic substance, kept in suitable, clean, hermetically sealed containers, are sound and conform in name to the vegetables used in their preparation.

4. _Pickles_ are clean, sound, immature cucumbers, properly prepared, without taking up any metallic compound other than salt, and preserved in any kind of vinegar, with or without spices; _pickled onions_, _pickled beets_, _pickled beans_, and other pickled vegetables are vegetables prepared as described above, and conform in name to the vegetables used.

5. _Salt pickles_ are clean, sound, immature cucumbers, preserved in a solution of common salt, with or without spices.

6. _Sweet pickles_ are pickled cucumbers or other vegetables in the preparation of which sugar (sucrose) is used.

7. _Sauerkraut_ is clean, sound, properly prepared cabbage, mixed with salt, and subjected to fermentation.

8. _Catchup_ (_ketchup_, _catsup_) is the clean, sound product made from the properly prepared pulp of clean, sound, fresh, ripe tomatoes, with spices and with or without sugar and vinegar; _mushroom catchup_, _walnut catchup_, _et cetera_, are catchups made as above described and conform in name to the substances used in their preparation.

C. SUGARS AND RELATED SUBSTANCES.

a. SUGAR AND SUGAR PRODUCTS.

SUGARS.

1. _Sugar_ is the product chemically known as sucrose (saccharose) chiefly obtained from sugar cane, sugar beets, sorghum, maple, and palm.

2. _Granulated_, _loaf_, _cut_, _milled_, and _powdered sugars_ are different forms of sugar and contain at least ninety-nine and five-tenths (99.5) percent of sucrose.

3. _Maple sugar_ is the solid product resulting from the evaporation of maple sap, and contains, in the water-free substance, not less than sixty-five one-hundredths (0.65) percent of maple sugar ash.

4. _Massecuite_, _melada_, _mush sugar_, and _concrete_ are products made by evaporating the purified juice of a sugar-producing plant, or a solution of sugar, to a solid or semisolid consistence, and in which the sugar chiefly exists in a crystalline state.

MOLASSES AND REFINER’S SIRUP.

1. _Molasses_ is the product left after separating the sugar from massecuite, melada, mush sugar, or concrete, and contains not more than twenty-five (25) percent of water and not more than five (5) percent of ash.

2. _Refiners’ sirup_, _treacle_, is the residual liquid product obtained in the process of refining raw sugars and contains not more than twenty-five (25) percent of water and not more than eight (8) percent of ash.

SIRUPS.

1. _Sirup_ is the sound product made by purifying and evaporating the juice of a sugar-producing plant without removing any of the sugar.

2. _Sugar-cane sirup_ is sirup made by the evaporation of the juice of the sugar cane or by the solution of sugar-cane concrete, and contains not more than thirty (30) percent of water and not more than two and five-tenths (2.5) percent of ash.

3. _Sorghum sirup_ is sirup made by the evaporation of sorghum juice or by the solution of sorghum concrete, and contains not more than thirty (30) percent of water and not more than two and five-tenths (2.5) percent of ash.

4. _Maple sirup_ is sirup made by the evaporation of maple sap or by the solution of maple concrete, and contains not more than thirty-two (32) percent of water and not less than forty-five hundredths (0.45) percent of maple sirup ash.

5. _Sugar sirup_ is the product made by dissolving sugar to the consistence of a sirup and contains not more than thirty-five (35) percent of water.

b. GLUCOSE PRODUCTS.

1. _Starch sugar_ is the solid product made by hydrolyzing starch or a starch-containing substance until the greater part of the starch is converted into dextrose. Starch sugar appears in commerce in two forms, anhydrous starch sugar and hydrous starch sugar. The former, crystallized without water of crystallization, contains not less than ninety-five (95) percent of dextrose and not more than eight-tenths (0.8) percent of ash. The latter, crystallized with water of crystallization, is of two varieties--70 sugar, also known as brewers’ sugar, contains not less than seventy (70) percent of dextrose and not more than eight-tenths (0.8) percent of ash; 80 sugar, climax or acme sugar, contains not less than eighty (80) percent of dextrose and not more than one and one-half (1.5) percent of ash.

The ash of all these products consists almost entirely of chlorids and sulfates.

2. _Glucose_, _mixing glucose_, _confectioner’s glucose_, is a thick, sirupy, colorless product made by incompletely hydrolyzing starch, or a starch-containing substance, and decolorizing and evaporating the product. It varies in density from forty-one (41) to forty-five (45) degrees Baumé at a temperature of 100° Fahr. (37.7° C.), and conforms in density, within these limits, to the degree Baumé it is claimed to show, and for a density of forty-one (41) degrees Baumé contains not more than twenty-one (21) percent and for a density of forty-five (45) degrees not more than fourteen (14) percent of water. It contains on a basis of forty-one (41) degrees Baumé not more than one (1) percent of ash, consisting chiefly of chlorids and sulfates.

c. CANDY.

1. _Candy_ is a product made from a saccharine substance or substances with or without the addition of harmless coloring, flavoring, or filling materials and contains no terra alba, barytes, talc, chrome yellow, or other mineral substances, or poisonous colors or flavors, or other ingredients deleterious or detrimental to health, or any vinous, malt, or spiritous liquor or compound, or narcotic drug.

d. HONEY.

1. _Honey_ is the nectar and saccharine exudations of plants gathered, modified, and stored in the comb by honey bees (_Apis mellifica_ and _A. dorsata_); is lævo-rotatory, contains not more than twenty-five (25) percent of water, not more than twenty-five hundredths (0.25) percent of ash, and not more than eight (8) percent of sucrose.

2. _Comb honey_ is honey contained in the cells of the comb.

3. _Extracted honey_ is honey which has been separated from the uncrushed comb by centrifugal force or gravity.

4. _Strained honey_ is honey removed from the crushed comb by straining or other means.

D. CONDIMENTS (EXCEPT VINEGAR AND SALT).

a. SPICES.

1. _Spices_ are aromatic vegetable substances used for the seasoning of food and from which no portion of any volatile oil or other flavoring principle has been removed and which are clean, sound, and true to name.

2. _Allspice_, _pimento_, is the dried fruit of the _Pimenta pimenta_ (L.) Karst., and contains not less than eight (8) percent of quercitannic acid[42]; not more than six (6) percent of total ash, not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid, and not more than twenty-five (25) percent of crude fiber.

[42] Calculated from the total oxygen absorbed by the aqueous extract.

3. _Anise_ is the fruit of the _Pimpinella anisum_ L.

4. _Bay leaf_ is the dried leaf of _Laurus nobilis_ L.

5. _Capers_ are the flower buds of _Capparis spinosa_ L.

6. _Caraway_ is the fruit of _Carum carvi_ L.

CAYENNE AND RED PEPPERS.

7. _Red pepper_ is the red, dried, ripe fruit of any species of _Capsicum_.

8. _Cayenne pepper_, _cayenne_, is the dried ripe fruit of _Capsicum frutescens_ L., _Capsicum baccatum_ L., or some other small-fruited species of _Capsicum_, and contains not less than fifteen (15) percent of non-volatile ether extract; not more than six and five-tenths (6.5) percent of total ash; not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid; not more than one and five-tenths (1.5) percent of starch, and not more than twenty-eight (28) percent of crude fiber.

9. _Paprika_ is the dried ripe fruit of _Capsicum annum_ L., or some other large-fruited species of _Capsicum_, excluding seeds and stems.

10. _Celery seed_ is the dried fruit of _Apium graveolens_ L.

11. _Cinnamon_ is the dried bark of any species of the genus _Cinnamomum_ from which the outer layers may or may not have been removed.

12. _True cinnamon_ is the dried inner bark of _Cinnamomum zeylanicum_ Breyne.

13. _Cassia_ is the dried bark of various species of _Cinnamomum_, other than _Cinnamomum zeylanicum_, from which the outer layers may or may not have been removed.

14. _Cassia buds_ are the dried immature fruit of species of _Cinnamomum_.

15. _Ground cinnamon_, _ground cassia_, is a powder consisting of cinnamon, cassia, or cassia buds, or a mixture of these spices and contains not more than six (6) percent of total ash and not more than two (2) percent of sand.

16. _Cloves_ are the dried flower buds of _Caryophyllus aromaticus_ L., which contain not more than five (5) percent of clove stems; not less than ten (10) percent of volatile ether extract; not less than twelve (12) percent of quercitannic acid;[43] not more than eight (8) percent of total ash; not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid, and not more than ten (10) percent of crude fiber.

[43] Calculated from the total oxygen absorbed by the aqueous extract.

17. _Coriander_ is the dried fruit of _Coriandrum sativum_ L.

18. _Cumin seed_ is the fruit of _Cuminum cyminum_ L.

19. _Dill seed_ is the fruit of _Anethum graveolens_ L.

20. _Fennel_ is the fruit of _Fœniculum fœniculum_ (L.) Karst.

21. _Ginger_ is the washed and dried or decorticated and dried rhizome of _Zingiber zingiber_ (L.) Karst., and contains not less than forty-two (42) percent of starch; not more than eight (8) percent of crude fiber, not more than six (6) percent of total ash, not more than one (1) percent of lime, and not more than three (3) percent of ash insoluble in hydrochloric acid.

22. _Limed ginger_, _bleached ginger_, is whole ginger coated with carbonate of lime and contains not more than ten (10) percent of ash, not more than four (4) percent of carbonate of lime, and conforms in other respects to the standard for ginger.

23. _Horse-radish_ is the root of _Rorippa armoracia_ (L.) Hitchcock, either by itself or ground and mixed with vinegar.

24. _Mace_ is the dried arillus of _Myristica fragrans_ Houttuyn, and contains not less than twenty (20) nor more than thirty (30) percent of non-volatile ether extract, not more than three (3) percent of total ash, and not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid, and not more than ten (10) percent of crude fiber.

25. _Macassar mace_, _Papua mace_, is the dried arillus of _Myristica argentea_ Warb.

26. _Bombay mace_ is the dried arillus of _Myristica malabarica_ Lamarck.

27. _Marjoram_ is the leaf, flower and branch of _Majorana majorana_ (L.) Karst.

28. _Mustard seed_ is the seed of _Sinapis alba_ L. (white mustard), _Brassica nigra_ (L.) Koch (black mustard), or _Brassica juncea_ (L.) Cosson (black or brown mustard).

29. _Ground mustard_ is a powder made from mustard seed, with or without the removal of the hulls and a portion of the fixed oils, and contains not more than two and five-tenths (2.5) percent of starch and not more than eight (8) percent of total ash.

30. _Prepared mustard_, _German mustard_, _French mustard_, _mustard paste_, is a paste composed of a mixture of ground mustard seed or mustard flour with salt, spices, and vinegar, and, calculated free from water, fat, and salt, contains not more than twenty-four (24) percent of carbohydrates, calculated as starch, determined according to the official methods, not more than twelve (12) percent of crude fiber nor less than thirty-five (35) percent of protein, derived solely from the materials named.

31. _Nutmeg_ is the dried seed of the _Myristica fragrans_ Houttuyn, deprived of its testa, with or without a thin coating of lime, and contains not less than twenty-five (25) percent of non-volatile ether extract, not more than five (5) percent of total ash, not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid, and not more than ten (10) percent of crude fiber.

32. _Macassar nutmeg_, _Papua nutmeg_, _male nutmeg_, _long nutmeg_, is the dried seed of _Myristica argentea_ Warb. deprived of its testa.

PEPPER.

33. _Black pepper_ is the dried immature berry of _Piper nigrum_ L. and contains not less than six (6) percent of non-volatile ether extract, not less than twenty-five (25) percent of starch, not more than seven (7) percent of total ash, not more than two (2) percent of ash insoluble in hydrochloric acid, and not more than fifteen (15) percent of crude fiber. One hundred parts of the non-volatile ether extract contain not less than three and one quarter (3.25) parts of nitrogen. _Ground black pepper_ is the product made by grinding the entire berry and contains the several parts of the berry in their normal proportions.

34. _Long pepper_ is the dried fruit of _Piper longum_ L.

35. _White pepper_ is the dried mature berry of _Piper nigrum_ L. from which the outer coating or the outer and inner coatings have been removed and contains not less than six (6) percent of non-volatile ether extract, not less than fifty (50) percent of starch, not more than four (4) percent of total ash, not more than five-tenths (0.5) percent of ash insoluble in hydrochloric acid, and not more than five (5) percent of crude fiber. One hundred parts of the non-volatile ether extract contain not less than four (4) parts of nitrogen.

36. _Saffron_ is the dried stigma of _Crocus sativus_ L.

37. _Sage_ is the leaf of _Salvia officinalis_ L.

38. _Savory_, _summer savory_, is the leaf, blossom, and branch of _Satureja hortensis_ L.

39. _Thyme_ is the leaf and tip of blooming branches of _Thymus vulgaris_ L.

b. FLAVORING EXTRACTS.

1. _A flavoring extract_[44] is a solution in ethyl alcohol of proper strength of the sapid and odorous principles derived from an aromatic plant, or parts of the plant, with or without its coloring matter, and conforms in name to the plant used in its preparation.

2. _Almond extract_ is the flavoring extract prepared from oil of bitter almonds, free from hydrocyanic acid, and contains not less than one (1) percent by volume of oil of bitter almonds.

2.[44] _Oil of bitter almonds_, commercial, is the volatile oil obtained from the seed of the bitter almond (_Amygdalus communis_ L.), the apricot (_Prunus armeniaca_ L.), or the peach (_Amygdalus persica_ L.).

3. _Anise extract_ is the flavoring extract prepared from oil of anise, and contains not less than three (3) percent by volume of oil of anise.

3.[44] _Oil of anise_ is the volatile oil obtained from the anise seed.

4. _Celery seed extract_ is the flavoring extract prepared from celery seed or the oil of celery seed, or both, and contains not less than three-tenths (0.3) percent by volume of oil of celery seed.

4.[44] _Oil of celery seed_ is the volatile oil obtained from celery seed.

5. _Cassia extract_ is the flavoring extract prepared from oil of cassia and contains not less than two (2) percent by volume of oil of cassia.

5.[44] _Oil of cassia_ is the lead-free volatile oil obtained from the leaves or bark of _Cinnamomum cassia_ Bl., and contains not less than seventy-five (75) percent by weight of cinnamic aldehyde.

6. _Cinnamon extract_ is the flavoring extract prepared from oil of cinnamon, and contains not less than two (2) percent by volume of oil of cinnamon.

6.[44] _Oil of cinnamon_ is the lead-free volatile oil obtained from the bark of the Ceylon cinnamon (_Cinnamomum zeylanicum_ Breyne), and contains not less than sixty-five (65) percent by weight of cinnamic aldehyde and not more than ten (10) percent by weight of eugenol.

7. _Clove extract_ is the flavoring extract prepared from oil of cloves, and contains not less than two (2) percent by volume of oil of cloves.

7.[44] _Oil of cloves_ is the lead-free, volatile oil obtained from cloves.

[44] The flavoring extracts herein described are intended solely for food purposes and are not to be confounded with similar preparations described in the Pharmacopœia for medicinal purposes.

8. _Ginger extract_ is the flavoring extract prepared from ginger and contains in each one hundred (100) cubic centimeters, the alcohol-soluble matters from not less than twenty (20) grams of ginger.

9. _Lemon extract_ is the flavoring extract prepared from oil of lemon, or from lemon peel, or both, and contains not less than five (5) percent by volume of oil of lemon.

9_a_. _Oil of lemon_ is the volatile oil obtained, by expression or alcoholic solution, from the fresh peel of the lemon (_Citrus limonum_ L.), has an optical rotation (25° C.) of not less than +60° in a 100-millimeter tube, and contains not less than four (4) percent by weight of citral.

10. _Terpeneless extract of lemon_ is the flavoring extract prepared by shaking oil of lemon with dilute alcohol, or by dissolving terpeneless oil of lemon in dilute alcohol, and contains not less than two-tenths (0.2) percent by weight of citral derived from oil of lemon.

10_a_. _Terpeneless oil of lemon_ is oil of lemon from which all or nearly all of the terpenes have been removed.

11. _Nutmeg extract_ is the flavoring extract prepared from oil of nutmeg, and contains not less than two (2) percent by volume of oil of nutmeg.

11_a_. _Oil of nutmeg_ is the volatile oil obtained from nutmegs.

12. _Orange extract_ is the flavoring extract prepared from oil of orange, or from orange peel, or both, and contains not less than five (5) percent by volume of oil of orange.

12_a_. _Oil of orange_ is the volatile oil obtained, by expression or alcoholic solution, from the fresh peel of the orange (_Citrus aurantium_ L.) and has an optical rotation (25° C.) of not less than +95° in a 100-millimeter tube.

13. _Terpeneless extract of orange_ is the flavoring extract prepared by shaking oil of orange with dilute alcohol, or by dissolving terpeneless oil of orange in dilute alcohol, and corresponds in flavoring strength to orange extract.

13_a_. _Terpeneless oil of orange_ is oil of orange from which all or nearly all of the terpenes have been removed.

14. _Peppermint extract_ is the flavoring extract prepared from oil of peppermint, or from peppermint, or both, and contains not less than three (3) percent by volume of oil of peppermint.

14_a_. _Peppermint_ is the leaves and flowering tops of _Mentha piperita_ L.

14_b_. _Oil of peppermint_ is the volatile oil obtained from peppermint and contains not less than fifty (50) percent by weight of menthol.

15. _Rose extract_ is the flavoring extract prepared from otto of roses, with or without red rose petals, and contains not less than four-tenths (0.4) percent by volume of otto of roses.

15_a_. _Otto of roses_ is the volatile oil obtained from the petals of _Rosa damascena_ Mill., _R. centifolia_ L., or _R. moschata_ Herrm.

16. _Savory extract_ is the flavoring extract prepared from oil of savory, or from savory, or both, and contains not less than thirty-five hundredths (0.35) percent by volume of oil of savory.

16_a_. _Oil of savory_ is the volatile oil obtained from savory.

17. _Spearmint extract_ is the flavoring extract prepared from oil of spearmint, or from spearmint, or both, and contains not less than three (3) percent by volume of oil of spearmint.

17_a_. _Spearmint_ is the leaves and flowering tops of _Mentha spicata_ L.

17_b_. _Oil of spearmint_ is the volatile oil obtained from spearmint.

18. _Star anise extract_ is the flavoring extract prepared from oil of star anise, and contains not less than three (3) percent by volume of oil of star anise.

18_a_. _Oil of star anise_ is the volatile oil distilled from the fruit of the star anise (_Illicium verum_ Hook).

19. _Sweet basil extract_ is the flavoring extract prepared from oil of sweet basil, or from sweet basil, or both, and contains not less than one-tenth (0.1) percent by volume of oil of sweet basil.

19_a_. _Sweet basil_, _basil_, is the leaves and tops of _Ocymum basilicum_ L.

19_b_. _Oil of sweet basil_ is the volatile oil obtained from basil.

20. _Sweet marjoram extract_, _marjoram extract_, is the flavoring extract prepared from the oil of marjoram, or from marjoram, or both, and contains not less than one (1) percent by volume of oil of marjoram.

20_a_. _Oil of marjoram_ is the volatile oil obtained from marjoram.

21. _Thyme extract_ is the flavoring extract prepared from oil of thyme, or from thyme, or both, and contains not less than two-tenths (0.2) percent by volume of oil of thyme.

21_a._ _Oil of thyme_ is the volatile oil obtained from thyme.

22. _Tonka extract_ is the flavoring extract prepared from tonka bean, with or without sugar or glycerine, and contains not less than one-tenth (0.1) percent by weight of coumarin extracted from the tonka bean, together with a corresponding proportion of the other soluble matters thereof.

22_a._ _Tonka bean_ is the seed of _Coumarouna odorata_ Aublet (_Dipteryx odorata_ (Aubl.) Willd.).

23. _Vanilla extract_ is the flavoring extract prepared from vanilla bean, with or without sugar or glycerine, and contains in one hundred (100) cubic centimeters the soluble matters from not less than ten (10) grams of the vanilla bean.

23_a._ _Vanilla bean_ is the dried, cured fruit of _Vanilla planifolia_ Andrews.

24. _Wintergreen extract_ is the flavoring extract prepared from oil of wintergreen, and contains not less than three (3) percent by volume of oil of wintergreen.

24_a._ _Oil of wintergreen_ is the volatile oil distilled from the leaves of the _Gaultheria procumbens_ L.

c. EDIBLE VEGETABLE OILS AND FATS.

1. _Olive oil_ is the oil obtained from the sound, mature fruit of the cultivated olive tree (_Olea europæa_ L.) and subjected to the usual refining processes; is free from rancidity; has a refractive index (25° C.) not less than one and forty-six hundred and sixty ten-thousandths (1.4660) and not exceeding one and forty-six hundred and eighty ten-thousandths (1.4680); and an iodin number not less than seventy-nine (79) and not exceeding ninety (90).

2. _Virgin olive oil_ is olive oil obtained from the first pressing of carefully selected, hand-picked olives.

3. _Cottonseed oil_ is the oil obtained from the seeds of cotton plants (_Gossypium hirsutum_ L., _G. barbadense_ L., or _G. herbaceum_ L.) and subjected to the usual refining processes; is free from rancidity: has a refractive index (25° C.) not less than one and forty-seven hundred ten-thousandths (1.4700) and not exceeding one and forty-seven hundred and twenty-five ten-thousandths (1.4725); and an iodin number not less than one hundred and four (104) and not exceeding one hundred and ten (110).

4. _“Winter-yellow” cottonseed oil_ is expressed cottonseed oil from which a portion of the stearin has been separated by chilling and pressure, and has an iodin number not less than one hundred and ten (110) and not exceeding one hundred and sixteen (116).

5. _Peanut oil_, _arachis oil_, _earthnut oil_, is the oil obtained from the peanut (_Arachis hypogæa_ L.) and subjected to the usual refining processes; is free from rancidity; has a refractive index (25° C.) not less than one and forty-six hundred and ninety ten-thousandths (1.4690) and not exceeding one and forty-seven hundred and seven ten-thousandths (1.4707); and an iodin number not less than eighty-seven (87) and not exceeding one hundred (100).

6. _“Cold-drawn” peanut oil_[45] is peanut oil obtained by pressure without heating.

[45] The fixing of limits for chemical and physical properties is reserved for future consideration.

7. _Sesame oil_, _gingili oil_, _teel oil_, is the oil obtained from the seeds of the sesame plants (_Sesamum orientale_ L. and _S. radiatum_ Schum. and Thonn.) and subjected to the usual refining processes; is free from rancidity; has a refractive index (25° C.) not less than one and forty-seven hundred and four ten-thousandths (1.4707) and not exceeding one and forty-seven hundred and seventeen ten-thousandths (1.4717); and an iodin number not less than one hundred and three (103) and not exceeding one hundred and twelve (112).

8. _“Cold-drawn” sesame oil_[45] is sesame oil obtained by pressure without heating.

9. _Poppy-seed oil_ is the oil obtained from the seed of the poppy (_Papaver somniferum_ L.) subjected to the usual refining processes and free from rancidity.

10. _White poppy-seed oil_, _“cold-drawn” poppy-seed oil_,[45] is poppy-seed oil of the first pressing without heating.

11. _Coconut oil_[45] is the oil obtained from the kernels of the coconut (_Cocos nucifera_ L.) and subjected to the usual refining processes and free from rancidity.

12. _Cochin oil_ is coconut oil prepared in Cochin (Malabar).

13. _Ceylon oil_ is coconut oil prepared in Ceylon.

14. _Copra oil_ is coconut oil prepared from copra, the dried kernels of the coconut.

15. _Rape-seed oil_, _colza oil_,[45] is the oil obtained from the seeds of the rape plant (_Brassica napus_ L.) and subjected to the usual refining processes and free from rancidity.

16. _“Cold-drawn” rape-seed oil_[45] is rape-seed oil obtained by the first pressing without heating.

17. _Sunflower oil_[45] is the oil obtained from the seeds of the sunflower (_Helianthus annuus_ L.) and subjected to the usual refining processes and free from rancidity.

18. _“Cold-drawn” sunflower oil_[45] is sunflower oil obtained by the first pressing without heating.

19. _Maize oil_, _corn oil_,[45] is the oil obtained from the germ of the maize (_Zea mays_ L.) and subjected to the usual refining processes and free from rancidity.

[45] The fixing of limits for chemical and physical properties is reserved for future consideration.

20. _Cocoa butter_, _cacao butter_, is the fat obtained from roasted, sound cocoa beans, and subjected to the usual refining processes; is free from rancidity; has a refractive index (40° C.) not less than one and forty-five hundred and sixty-six ten-thousandths (1.4566) and not exceeding one and forty-five hundred and ninety-eight ten-thousandths (1.4598); an iodin number not less than thirty-three (33) and not exceeding thirty-eight (38); and a melting-point not lower than 30° C. nor higher than 35° C.

21. _Cottonseed oil stearin_ is the solid product made by chilling cottonseed oil and separating the solid portion by filtration, with or without pressure, and having an iodin number not less than eighty-five (85) and not more than one hundred (100).

E. TEA, COFFEE, AND COCOA PRODUCTS.

a. TEA.

1. _Tea_ is the leaves and leaf buds of different species of _Thea_, prepared by the usual trade processes of fermenting, drying, and firing; meets the provisions of the act of Congress approved March 2, 1897, and the regulations made in conformity therewith (Treasury Department Circular 16, February 6, 1905); conforms in variety and place of production to the name it bears; and contains not less than four (4) nor more than seven (7) percent of ash.

b. COFFEE.

1. _Coffee_ is the seed of _Coffea arabica_ L. or _Coffea liberica_ Bull., freed from all but a small portion of its spermoderm, and conforms in variety and place of production to the name it bears.

2. _Roasted coffee_ is coffee which by the action of heat has become brown and developed its characteristic aroma, and contains not less than ten (10) percent of fat and not less than three (3) percent of ash.

c. COCOA AND COCOA PRODUCTS.

1. _Cocoa beans_ are the seeds of the cacao tree, _Theobroma cacao_ L.

2. _Cocoa nibs_, _cracked cocoa_, is the roasted, broken cocoa bean freed from its shell or husk.

3. _Chocolate_, _plain chocolate_, _bitter chocolate_, _chocolate liquor_, _bitter chocolate coatings_, is the solid or plastic mass obtained by grinding cocoa nibs without the removal of fat or other constituents except the germ, and contains not more than three (3) percent of ash insoluble in water, three and fifty hundredths (3.50) percent of crude fiber, and nine (9) percent of starch, and not less than forty-five (45) percent of cocoa fat.

4. _Sweet chocolate_, _sweet chocolate coatings_, is chocolate mixed with sugar (sucrose), with or without the addition of cocoa butter, spices, or other flavoring materials, and contains in the sugar- and fat-free residue no higher percentage of either ash, fiber, or starch than is found in the sugar- and fat-free residue of chocolate.

5. _Cocoa_, _powdered cocoa_, is cocoa nibs, with or without the germ, deprived of a portion of its fat and finely pulverized, and contains percentages of ash, crude fiber, and starch corresponding to those in chocolate after correction for fat removed.

6. _Sweet cocoa_, _sweetened cocoa_, is cocoa mixed with sugar (sucrose), and contains not more than sixty (60) percent of sugar (sucrose), and in the sugar- and fat-free residue no higher percentage of either ash, crude fiber, or starch than is found in the sugar- and fat-free residue of chocolate.

F. BEVERAGES.

a. FRUIT JUICES--FRESH, SWEET, AND FERMENTED.

1. FRESH AND 2. SWEET.

(Schedules in preparation.)

3. FERMENTED FRUIT JUICES.

1. _Wine_ is the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, and the usual cellar treatment,[46] and contains not less than seven (7) nor more than sixteen (16) percent of alcohol, by volume, and, in one hundred (100) cubic centimeters (20° C.), not more than one-tenth (0.1) gram of sodium chlorid nor more than two-tenths (0.2) gram of potassium sulfate; and for red wine not more than fourteen hundredths (0.14) gram, and for white wine not more than twelve hundredths (0.12) gram of volatile acids produced by fermentation and calculated as acetic acid. _Red wine_ is wine containing the red coloring matter of the skins of grapes. _White wine_ is wine made from white grapes or the expressed fresh juice of other grapes.

[46] The subject of sulfurous acid in wine is reserved for consideration in connection with the schedule, “Preservatives and Coloring Matters.”

2. _Dry wine_ is wine in which the fermentation of the sugars is practically complete and which contains, in one hundred (100) cubic centimeters (20° C.), less than one (1) gram of sugars and for dry red wine not less than sixteen hundredths (0.16) gram of grape ash and not less than one and six-tenths (1.6) grams of sugar-free grape solids, and for dry white wine not less than thirteen hundredths (0.13) gram of grape ash and not less than one and four-tenths (1.4) grams of sugar-free grape solids.

3. _Fortified dry wine_ is dry wine to which brandy has been added, but which conforms in all other particulars to the standard of dry wine.

4. _Sweet wine_ is wine in which the alcoholic fermentation has been arrested, and which contains, in one hundred (100) cubic centimeters (20° C.), not less than one (1) gram of sugars, and for sweet red wine not less than sixteen hundredths (0.16) gram of grape ash, and for sweet white wine not less than thirteen hundredths (0.13) gram of grape ash.

5. _Fortified sweet wine_ is sweet wine to which wine spirits have been added. By act of Congress, “sweet wine” used for making fortified sweet wine and “wine spirits” used for such fortification are defined as follows (sec. 43, Act of October 1, 1890, 26 Stat., 567, as amended by section 68, Act of August 27, 1894, 28 Stat., 509, and further amended by Act of Congress approved June 7, 1906): “That the wine spirits mentioned in section 42 of this act is the product resulting from the distillation of fermented grape juice to which water may have been added prior to, during, or after fermentation, for the sole purpose of facilitating the fermentation and economical distillation thereof, and shall be held to include the products from grapes or their residues, commonly known as grape brandy; and the pure sweet wine, which may be fortified free of tax, as provided in said section, is fermented grape juice only, and shall contain no other substance whatever introduced before, at the time of, or after fermentation, except as herein expressly provided; and such sweet wine shall contain not less than four per centum of saccharine matter, which saccharine strength may be determined by testing with Balling’s saccharometer or must scale, such sweet wine, after the evaporation of the spirits contained therein, and restoring the sample tested to original volume by addition of water: _Provided_, That the addition of pure boiled or condensed grape must or pure crystallized cane or beet sugar or pure anhydrous sugar to the pure grape juice aforesaid, or the fermented product of such grape juice prior to the fortification provided by this Act for the sole purpose of perfecting sweet wine according to commercial standard, or the addition of water in such quantities only as may be necessary in the mechanical operation of grape conveyers, crushers, and pipes leading to fermenting tanks, shall not be excluded by the definition of pure sweet wine aforesaid: _Provided, however_, That the cane or beet sugar, or pure anhydrous sugar, or water, so used shall not in either case be in excess of ten (10) per centum of the weight of the wine to be fortified under this Act: _And provided further_, That the addition of water herein authorized shall be under such regulations and limitations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may from time to time prescribe; but in no case shall such wines to which water has been added be eligible for fortification under the provisions of this Act where the same, after fermentation and before fortification, have an alcoholic strength of less than five per centum of their volume.”

6. _Sparkling wine_ is wine in which the after part of the fermentation is completed in the bottle, the sediment being disgorged and its place supplied by wine or sugar liquor, and which contains, in one hundred (100) cubic centimeters (20° C.), not less than twelve hundredths (0.12) gram of grape ash.

7. _Modified wine_, _ameliorated wine_, _corrected wine_, is the product made by the alcoholic fermentation, with the usual cellar treatment, of a mixture of the juice of sound, ripe grapes with sugar (sucrose), or a sirup containing not less than sixty-five (65) percent of sugar (sucrose), and in quantity not more than enough to raise the alcoholic strength after fermentation, to eleven (11) percent by volume.

8. _Raisin wine_ is the product made by the alcoholic fermentation of an infusion of dried or evaporated grapes, or of a mixture of such infusion or of raisins with grape juice.

b. MEAD, ROOT BEER, ETC.

(Schedule in preparation.)

c. MALT LIQUORS.

(Schedule in preparation.)

d. SPIRITUOUS LIQUORS.

(Schedule in preparation.)

e. CARBONATED WATERS, ETC.

(Schedule in preparation.)

G. VINEGAR.

1. _Vinegar_, _cider vinegar_, _apple vinegar_, is the product made by the alcoholic and subsequent acetous fermentations of the juice of apples, is lævo-rotatory, and contains not less than four (4) grams of acetic acid, not less than one and six-tenths (1.6) grams of apple solids, of which not more than fifty (50) percent are reducing sugars, and not less than twenty-five hundredths (0.25) gram of apple ash in one hundred (100) cubic centimeters (20° C.); and the water-soluble ash from one hundred (100) cubic centimeters (20° C.) of the vinegar contains not less than ten (10) milligrams of phosphoric acid (P₂O₅), and requires not less than thirty (30) cubic centimeters of decinormal acid to neutralize its alkalinity.

2. _Wine vinegar_, _grape vinegar_, is the product made by the alcoholic and subsequent acetous fermentations of the juice of grapes and contains, in one hundred (100) cubic centimeters (20° C.), not less than four (4) grams of acetic acid, not less than one (1.0) gram of grape solids, and not less than thirteen hundredths (0.13) gram of grape ash.

3. _Malt vinegar_ is the product made by the alcoholic and subsequent acetous fermentations, without distillation, of an infusion of barley malt or cereals whose starch has been converted by malt, is dextro-rotatory, and contains, in one hundred (100) cubic centimeters (20° C.), not less than four (4) grams of acetic acid, not less than two (2) grams of solids, and not less than two-tenths (0.2) gram of ash; and the water-soluble ash from one hundred (100) cubic centimeters (20° C.) of the vinegar contains not less than nine (9) milligrams of phosphoric acid (P₂O₅), and requires not less than four (4) cubic centimeters of decinormal acid to neutralize its alkalinity.

4. _Sugar vinegar_ is the product made by the alcoholic and subsequent acetous fermentations of solutions of sugar, sirup, molasses, or refiners’ sirup, and contains, in one hundred (100) cubic centimeters (20° C.), not less than four (4) grams of acetic acid.

5. _Glucose vinegar_ is the product made by the alcoholic and subsequent acetous fermentations of solutions of starch sugar or glucose, is dextro-rotatory, and contains, in one hundred (100) cubic centimeters (20° C.), not less than four (4) grams of acetic acid.

6. _Spirit vinegar_, _distilled vinegar_, _grain vinegar_, is the product made by the acetous fermentation of dilute distilled alcohol, and contains, in one hundred (100) cubic centimeters (20° C.), not less than four (4) grams of acetic acid.

III. SALT.

1. _Table salt_, _dairy salt_, is fine-grained crystalline salt containing on a water-free basis, not more than one and four-tenths (1.4) percent of calcium sulfate (CaSO₄), nor more than five-tenths (0.5) percent of calcium and magnesium chlorids (CaCl₂ and MgCl₂), nor more than one-tenth (0.1) percent of matters insoluble in water.

IV. PRESERVATIVES AND COLORING MATTERS.

(Schedules in preparation.)

LAW RELATING TO FILLED CHEESE.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That for the purposes of this Act, the word “cheese” shall be understood to mean the food product known as cheese, and which is made from milk or cream and without the addition of butter, or any animal, vegetable, or other oils or fats foreign to such milk or cream, with or without additional coloring matter.

SEC. 2. That for the purpose of this Act certain substances and compounds shall be known and designed as “filled cheese,” namely: All substances made of milk or skimmed milk, with the admixture of butter, animal oils or fats, vegetable or any other oils, or compounds foreign to such milk, and made in imitation or semblance of cheese.

SEC. 3. That special taxes are imposed as follows:

Manufacturers of filled cheese shall pay four hundred dollars for each and every factory per annum. Every person, firm, or corporation who manufactures filled cheese for sale shall be deemed a manufacturer of filled cheese. Wholesale dealers in filled cheese shall pay two hundred and fifty dollars per annum. Every person, firm, or corporation who sells or offers for sale filled cheese in the original manufacturer’s package for resale, or to retail dealers as hereinafter defined, shall be deemed a wholesale dealer in filled cheese. But any manufacturer of filled cheese who has given the required bond and paid the required special tax, and who sells only filled cheese of his own production, at the place of manufacture, in the original packages, to which the tax-paid stamps are affixed, shall not be required to pay the special tax of a wholesale dealer in filled cheese on account of such sales.

Retail dealers in filled cheese shall pay twelve dollars per annum. Every person who sells filled cheese at retail, not for resale, and for actual consumption, shall be regarded as a retail dealer in filled cheese, and sections thirty-two hundred and thirty-two, thirty-two hundred and thirty-three, thirty-two hundred and thirty-four, thirty-two hundred and thirty-five, thirty-two hundred and thirty-six, thirty-two hundred and thirty-seven, thirty-two hundred and thirty-eight, thirty-two hundred and thirty-nine, thirty-two hundred and forty, thirty-two hundred and forty-one, thirty-two hundred and forty-three of the Revised Statutes of the United States[47] are, so far as applicable, made to extend to and include and apply to the special taxes imposed by this section and to the persons, firms, or corporations upon whom they are imposed: _Provided_, That all special taxes under this Act shall become due on the first day of July in every year, or on commencing any manufacture, trade, or business on which said tax is imposed. In the latter case the tax shall be reckoned proportionately from the first day of the month in which the liability to the special tax commences to the first day of July following.

[47] These sections regulate the administration and collection of special taxes in general. (See Revised Statutes of the United States, 2d ed., 1878, p. 620.)

SEC. 4. That every person, firm or corporation who carries on the business of a manufacturer of filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than four hundred dollars and not more than three thousand dollars; and every person, firm, or corporation who carries on the business of a wholesale dealer in filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than two hundred and fifty dollars nor more than one thousand dollars; and every person, firm, or corporation who carries on the business of a retail dealer in filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable for the payment of the tax, be fined not less than forty nor more than five hundred dollars for each and every offense.

SEC. 5. That every manufacturer of filled cheese shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns of materials and products, shall put up such signs and affix such number to his factory and conduct his business under such surveillance of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require. But the bond required of such manufacturer shall be with sureties satisfactory to the collector of internal revenue, and in a penal sum of not less than five thousand dollars; and the amount of said bond may be increased from time to time, and additional sureties required, at the discretion of the collector or under instructions of the Commissioner of Internal Revenue. Any manufacturer of filled cheese who fails to comply with the provisions of this section or with the regulations herein authorized, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than five hundred nor more than one thousand dollars.

SEC. 6. That filled cheese shall be packed by the manufacturers in wooden packages only, not before used for that purpose, and marked, stamped, and branded with the words, “filled cheese” in black-faced letters not less than two inches in length, in a circle in the center of the top and bottom of the cheese; and in black-faced letters of not less than two inches in length in line from the top to the bottom of the cheese, on the side in four places equidistant from each other; and the package containing such cheese shall be marked in the same manner, and in the same number of places, and in the same description of letters as above provided for the marking of the cheese; and all sales or consignments made by manufacturers of filled cheese to wholesale dealers in filled cheese or to exporters of filled cheese shall be in original stamped packages. Retail dealers in filled cheese shall sell only from original stamped packages, and shall pack the filled cheese when sold in suitable wooden or paper packages, which shall be marked and branded in accordance with rules and regulations to be prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. Every person who knowingly sells or offers to sell, or delivers or offers to deliver, filled cheese in any other form than in new wooden or paper packages, marked and branded as hereinbefore provided and as above described, or who packs in any package or packages filled cheese in any manner contrary to law, or who falsely brands any package or affixes a stamp on any package denoting a less amount of tax than that required by law, shall upon conviction thereof be fined for each and every offense not less than fifty dollars and not more than five hundred dollars or be imprisoned not less than thirty days nor more than one year.

SEC. 7. That all retail and wholesale dealers in filled cheese shall display in a conspicuous place in his or their sales room a sign bearing the words “Filled cheese sold here” in black-faced letters not less than six inches in length, upon a white ground, with the name and number of the revenue district in which his or their business is conducted; and any wholesale or retail dealer in filled cheese who fails or neglects to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined for each and every offense not less than fifty dollars and not more than two hundred dollars.

SEC. 8. That every manufacturer of filled cheese shall securely affix, by pasting on each package containing filled cheese manufactured by him, a label on which shall be printed, besides the number of the manufactory and the district and state in which it is situated, these words: “Notice.--The manufacturer of the filled cheese herein contained has complied with all the requirements of the law. Every person is cautioned not to use either this package again or the stamp thereon again, nor to remove the contents of this package without destroying said stamp, under the penalty provided by law in such cases.” Every manufacturer of filled cheese who neglects to affix such label to any package containing filled cheese made by him or sold or offered for sale by or for him, and every person who removes any such label so affixed from any such package, shall be fined fifty dollars for each package in respect to which such offense is committed.

SEC. 9. That upon all filled cheese which shall be manufactured there shall be assessed and collected a tax of one cent per pound, to be paid by the manufacturer thereof; and any fractional part of a pound in a package shall be taxed as a pound. The tax levied by this section shall be represented by coupon stamps; and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by this section.

SEC. 10. That whenever any manufacturer of filled cheese sells or removes for sale or consumption any filled cheese upon which the tax is required to be paid by stamps, without paying such tax, it shall be the duty of the Commissioner of Internal Revenue, within a period of not more than two years after such sale or removal, upon satisfactory proof, to estimate the amount of tax which has been omitted to be paid and to make an assessment thereof and certify the same to the collector. The tax so assessed shall be in addition to the penalties imposed by law for such sale or removal.

SEC. 11. That all filled cheese as herein defined imported from foreign countries shall, in addition to any import duty imposed on the same, pay an internal-revenue tax of eight cents per pound, such tax to be represented by coupon stamps; and such imported filled cheese and the package containing the same shall be stamped, marked, and branded, as in the case of filled cheese manufactured in the United States.

SEC. 12. That any person who knowingly purchases or receives for sale any filled cheese which has not been branded or stamped according to law, or which is contained in packages not branded or marked according to law, shall be liable to a penalty of fifty dollars for each such offense.

SEC. 13. That every person who knowingly purchases or receives for sale any filled cheese from any manufacturer or importer who has not paid the special tax herein provided for shall be liable, for each offense, to a penalty of one hundred dollars and to a forfeiture of all articles so purchased or received, or of the full value thereof.

SEC. 14. That whenever any stamped package containing filled cheese is emptied it shall be the duty of the person in whose hands the same is to destroy the stamps thereon; and any person who willfully neglects or refuses so to do shall, for each such offense, be fined not exceeding fifty dollars or imprisoned not less than ten days nor more than six months.

SEC. 15. That the Commissioner of Internal Revenue is authorized to have applied scientific tests, and to decide whether any substances used in the manufacture of filled cheese contain ingredients deleterious to health. But in case of doubt or contest his decision in this class of cases may be appealed from to a board hereby 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. 16. That all packages of filled cheese subject to tax under this Act that shall be found without stamps or marks as herein provided, and all filled cheese intended for human consumption which contains ingredients adjudged as hereinbefore provided to be deleterious to the public health, shall be forfeited to the United States.

SEC. 17. That all fines, penalties, and forfeitures imposed by this Act may be recovered in any court of competent jurisdiction.

SEC. 18. That the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make all needful regulations for the carrying into effect the provisions of this Act.

SEC. 19. That this Act shall go into effect on the ninetieth day after its passage, and all wooden packages containing ten or more pounds of filled cheese found on the premises of any dealer on and after the ninetieth day succeeding the date of the passage of this Act, shall be deemed to be taxable under section nine of this Act, and shall be taxed, and shall have affixed thereto the stamps, marks, and brands required by this Act or by regulations made pursuant to this Act; and for the purpose of securing the affixing of the stamps, marks, and brands required by this Act, the filled cheese shall be regarded as having been manufactured and sold or removed from the manufactory for consumption or use on or after the day this Act takes effect; and such stock on hand at the time of the taking effect of this Act may be stamped, marked, and branded under special regulations of the Commissioner of Internal Revenue, approved by the Secretary of the Treasury; and the Commissioner of Internal Revenue may authorize the holder of such packages to mark and brand the same and to affix thereto the proper tax-paid stamps.--_Approved June 6, 1896._

APPENDIX B.

UNITED STATES DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY--Circular No. 21.

LETTER OF TRANSMITTAL.

WASHINGTON, D. C., _October 16, 1906_.

THE SECRETARIES OF THE TREASURY, OF AGRICULTURE, AND OF COMMERCE AND LABOR.

_Sirs_: The Commission appointed to represent your several Departments in the formulation of uniform rules and regulations for the enforcement of the food and drugs act, approved June 30, 1906, has reached a unanimous agreement and respectfully submits the results of its deliberations and recommends their adoption.

Very respectfully,

H. W. WILEY, JAMES L. GERRY, S. N. D. NORTH.

RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE FOOD AND DRUGS ACT.

GENERAL.

REGULATION 1. SHORT TITLE OF THE ACT.

The act, “For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes,” approved June 30, 1906, shall be known and referred to as “The Food and Drugs Act, June 30, 1906.”

REGULATION 2. ORIGINAL UNBROKEN PACKAGE.

(Section 2.)

The term “original unbroken package” as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package.

REGULATION 3. COLLECTION OF SAMPLES.

(Section 4.)

Samples of unbroken packages shall be collected only by authorized agents of the Department of Agriculture; or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Secretary of Agriculture for this purpose.

Samples may be purchased in the open market, and if in bulk the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The collector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of purchase. The collector shall purchase representative samples.

A sample shall be divided into three parts, and each part shall be labeled with the identifying marks. All samples shall be sealed by the collector with a seal provided for the purpose. If the package be less than 4 pounds, or in volume less than 2 quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each noted as above. One sample shall be delivered to the party from whom purchased or to the party guaranteeing such merchandise. One sample shall be sent to the Bureau of Chemistry, or to such chemist or examiner as may be designated by the Secretary of Agriculture, and the third sample shall be held under seal by the Secretary of Agriculture.

REGULATION 4. METHODS OF ANALYSIS.

(Section 4.)

Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopœia.

REGULATION 5. HEARINGS.

(Section 4.)

(_a_) When the examination or analysis shows that the provisions of the food and drugs act, June 30, 1906, have been violated, notice of that fact, together with a copy of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in the food and drugs act, June 30, 1906, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture, or such other official connected with the food and drug inspection service as may be commissioned by him for that purpose. The hearings shall be had at a place, to be designated by the Secretary of Agriculture, most convenient for all parties concerned. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorney and may propound proper interrogatories and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. The Secretary of Agriculture may order a re-examination of the sample or have new samples drawn for further examination.

(_b_) If the examination or analysis be found correct the Secretary of Agriculture shall give notice to the United States District Attorney as prescribed.

(_c_) Any health, food, or drug officer or agent of any State, Territory, or the District of Columbia who shall obtain satisfactory evidence of any violation of the food and drugs act, June 30, 1906, as provided in section 5 thereof, shall first submit the same to the Secretary of Agriculture, in order that the latter may cause notice to be given to the guarantor or to the party from whom the sample was obtained.

REGULATION 6. PUBLICATION.

(Section 4.)

(_a_) When a judgment of the court shall have been rendered there may be a publication of the findings of the examiner or analyst, together with the findings of the court.

(_b_) This publication may be made in the form of circulars, notices, or bulletins, as the Secretary of Agriculture may direct, not less than thirty days after judgment.

(_c_) If an appeal be taken from the judgment of the court before such publication, notice of the appeal shall accompany the publication.

REGULATION 7. STANDARDS FOR DRUGS.

(Section 7.)

(_a_) A drug bearing a name recognized in the United States Pharmacopœia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopœia or National Formulary, official at the time.

(_b_) A drug bearing a name recognized in the United States Pharmacopœia or National Formulary, and branded to show a different standard of strength, quality, or purity, shall not be regarded as adulterated if it conforms to its declared standard.

REGULATION 8. FORMULAS--PROPRIETARY FOODS.

(Section 8, last paragraph.)

(_a_) Manufacturers of proprietary foods are only required to state upon the label the names and percentages of the materials used, in so far as the Secretary of Agriculture may find this to be necessary to secure freedom from adulteration and misbranding.

(_b_) The factories in which proprietary foods are made shall be open at all reasonable times to the inspection provided for in Regulation 16.

REGULATION 9. FORM OF GUARANTY.

(Section 9.)

(_a_) No dealer in food or drug products will be liable to prosecution if he can establish that the goods were sold under a guaranty by the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States from whom purchased.

(_b_) A general guaranty be filed with the Secretary of Agriculture by the manufacturer or dealer and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words, “Guaranteed under the food and drugs act, June 30, 1906.”

(_c_) The following form of guaranty is suggested:

I (we) the undersigned do hereby guarantee that the articles of foods or drugs manufactured, packed, distributed, or sold by me (us) [specifying the same as fully as possible] are not adulterated or misbranded within the meaning of the food and drugs act, June 30, 1906.

(Signed in ink.)

---- ----.

[Name and place of business of wholesaler, dealer, manufacturer, jobber, or other parties.]

(_d_) If the guaranty be not filed with the Secretary of Agriculture as above, it should identify and be attached to the bill of sale, invoice, bill of lading, or other schedule giving the names and quantities of the articles sold.

ADULTERATION.

REGULATION 10. CONFECTIONERY.

(Section 7.)

(_a_) Mineral substances of all kinds (except as provided in Regulation 15) are specifically forbidden in confectionery whether they be poisonous or not.

(_b_) Only harmless colors or flavors shall be added to confectionery.

(_c_) The term “narcotic drugs” includes all the drugs mentioned in section 8, food and drugs act, June 30, 1906, relating to foods, their derivatives and preparations, and all other drugs of a narcotic nature.

REGULATION 11. SUBSTANCES MIXED AND PACKED WITH FOODS.

(Section 7, under “Foods.”)

No substance may be mixed or packed with a food product which will reduce or lower its quality or strength. Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further process of manufacture.

REGULATION 12. COLORING, POWDERING, COATING, AND STAINING.

(Section 7, under “Foods.”)

(_a_) Only harmless colors may be used in food products.

(_b_) The reduction of a substance to a powder to conceal inferiority in character is prohibited.

(_c_) The term “powdered” means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder.

(_d_) The term “coated” means the application of any substance to the exterior portion of a food product.

(_e_) The term “stain” includes any change produced by the addition of any substance to the exterior portion of foods which in any way alters their natural tint.

REGULATION 13. NATURAL POISONOUS OR DELETERIOUS INGREDIENTS.

(Section 7, paragraph 5, under “Foods.”)

Any food product which contains naturally a poisonous or deleterious ingredient does not come within the provisions of the food and drugs act, June 30, 1906, except when the presence of such ingredient is due to filth, putrescence, or decomposition.

REGULATION 14. EXTERNAL APPLICATION OF PRESERVATIVES.

(Section 7, paragraph 5, under “Foods,” proviso.)

(_a_) Poisonous or deleterious preservatives shall only be applied externally, and they and the food products shall be of a character which shall not permit the permeation of any of the preservative to the interior, or any portion of the interior, of the product.

(_b_) When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of section 7, paragraph 5, under “Foods,” shall not obtain, and such food products shall then be subject to the regulations for food products in general.

(_c_) The preservative applied must be of such a character that, until removed, the food products are inedible.

REGULATION 15. WHOLESOMENESS OF COLORS AND PRESERVATIVES.

(Section 7, paragraph 5, under “Foods.”)

(_a_) Respecting the wholesomeness of colors, preservatives, and other substances which are added to foods, the Secretary of Agriculture shall determine from chemical or other examination, under the authority of the agricultural appropriation act, Public 382, approved June 30, 1906, the names of those substances which are permitted or inhibited in food products; and such findings, when approved by the Secretary of the Treasury and the Secretary of Commerce and Labor, shall become a part of these regulations.

(_b_) The Secretary of Agriculture shall determine from time to time, in accordance with the authority conferred by the agricultural appropriation act, Public 382, approved June 30, 1906, the principles which shall guide the use of colors, preservatives, and other substances added to foods; and when concurred in by the Secretary of the Treasury and the Secretary of Commerce and Labor, the principles so established shall become a part of these regulations.

REGULATION 16. CHARACTER OF THE RAW MATERIALS.

(Section 7, paragraph 1, under “Drugs”; paragraph 6, under “Foods.”)

(_a_) The Secretary of Agriculture, when he deems it necessary, shall examine the raw materials used in the manufacture of food and drug products, and determine whether any filthy, decomposed, or putrid substance is used in their preparation.

(_b_) The Secretary of Agriculture shall make such inspection as often as he may deem necessary.

MISBRANDING.

REGULATION 17. LABEL.

(Section 8.)

(_a_) The term “label” applies to any printed, pictorial, or other matter upon or attached to any package of a food or drug product, or any container thereof.

(_b_) The principal label shall consist, first, of all words which the food and drugs act, June 30, 1906, specifically requires, to wit, the name of the substance or product; the name of place of manufacture in the case of food compounds or mixtures; words which show that the articles are compounds, mixtures, or blends; the words “compound,” “mixture,” or “blend”; or words designating the substances or their derivatives and proportions required to be named in the case of drugs and foods. All these required words shall appear upon the principal label with no intervening descriptive or explanatory reading matter. Second, if the name of the manufacturer and place of manufacture are given, they shall also appear upon the principal label. Third, elsewhere upon the principal label other matter may appear in the discretion of the manufacturer.

(_c_) The principal label on foods or drugs for domestic commerce shall be printed in English (except as provided in Regulation 19), with or without the foreign label in the language of the country where the food or drug product is produced or manufactured. The size of type shall not be smaller than 8-point (brevier) caps: _Provided_, That in case the size of the package will not permit the use of 8-point cap type the size of the type may be reduced proportionately.

(_d_) The form, character, and appearance of the labels, except as provided above, are left to the judgment of the manufacturer.

(_e_) Descriptive matter upon the label shall be free from any statement, design, or device regarding the article or the ingredients or substances contained therein, or quality thereof, or place of origin, which is false or misleading in any particular.

(_f_) An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent.

In the case of drugs the nomenclature employed by the United States Pharmacopœia and the National Formulary shall obtain.

(_g_) The term “design” or “devise” applies to pictorial matter of every description, and to abbreviations, characters, or signs for weights, measures, or names of substances.

(_h_) The use of any false or misleading statement, design, or devise shall not be justified by any statement given as the opinion of an expert or other person, appearing on any part of the label, nor by any descriptive matter explaining the use of the false or misleading statement, design, or devise.

(_i_) The regulation regarding the principal label will not be enforced until October 1, 1907, in the case of labels printed and now on hand, whenever any statement therein contained which is contrary to the food and drugs act, June 30, 1906, as to character of contents, shall be corrected by a supplemental label, stamp, or paster. All other labels now printed and on hand may be used without change until October 1, 1907.

REGULATION 18. NAME AND ADDRESS OF MANUFACTURER.

(Section 8.)

(_a_) The name of the manufacturer or producer, or the place where manufactured, except in case of mixtures and compounds having a distinctive name, need not be given upon the label, but if given, must be the true name and the true place. The words “packed for ----,” “distributed by ----” or some equivalent phrase, shall be added to the label in case the name which appears upon the label is not that of the actual manufacturer or producer, or the name of the place not the actual place of manufacture or production.

(_b_) When a person, firm, or corporation actually manufactures or produces an article of food or drug in two or more places, the actual place of manufacture or production of each particular package need not be stated upon the label except when in the opinion of the Secretary of Agriculture the mention of any such place, to the exclusion of the others, misleads the public.

REGULATION 19. CHARACTER OF NAME.

(Section 8.)

(_a_) A simple or unmixed food or drug product not bearing a distinctive name shall be designated by its common name in the English language, or, if a drug, by any name recognized in the United States Pharmacopœia or National Formulary. No further description of its components or qualities is required, except as to content of alcohol, morphin, etc.

(_b_) The use of a geographical name shall not be permitted in connection with a food or drug product not manufactured or produced in that place, when such name indicates that the article was manufactured or produced in that place.

(_c_) The use of a geographical name in connection with a food or drug product will not be deemed a misbranding when by reason of long usage it has come to represent a generic term and is used to indicate a style, type, or brand; but in all such cases the State or Territory where any such article is manufactured or produced shall be stated upon the principal label.

(_d_) A foreign name which is recognized as distinctive of a product of a foreign country shall not be used upon an article of domestic origin except as an indication of the type or style of quality or manufacture, and then only when so qualified that it can not be offered for sale under the name of a foreign article.

REGULATION 20. DISTINCTIVE NAME.

(Section 8.)

(_a_) A “distinctive name” is a trade, arbitrary, or fancy name which clearly distinguishes a food product, mixture or compound from any other food product, mixture or compound.

(_b_) A distinctive name shall not be one representing any single constituent of a mixture or compound.

(_c_) A distinctive name shall not misrepresent any property or quality of a mixture or compound.

(_d_) A distinctive name shall give no false indication of origin, character or place of manufacture, nor lead the purchaser to suppose that it is any other food or drug product.

REGULATION 21. COMPOUNDS, IMITATIONS, OR BLENDS WITHOUT DISTINCTIVE NAME.

(Section 8.)

(_a_) The term “blend” applies to a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.

(_b_) If any age is stated, it shall not be that of a single one of its constituents, but shall be the average of all constituents in their respective proportions.

(_c_) Coloring and flavoring can not be used for increasing the weight or bulk of a blend.

(_d_) In order that colors or flavors may not increase the volume or weight of a blend, they are not to be used in quantities exceeding 1 pound to 800 pounds of the blend.

(_e_) A color or flavor can not be employed to imitate any natural product or any other product of recognized name and quality.

(_f_) The term “imitation” applies to any mixture or compound which is a counterfeit or fraudulent simulation of any article of food or drug.

REGULATION 22. ARTICLES WITHOUT A LABEL.

(Section 8, paragraph 1, under “Drugs”; paragraph 1, under “Foods.”)

It is prohibited to sell or offer for sale a food or drug product bearing no label upon the package or no descriptive matter whatever connected with it, either by design, device, or otherwise, if said product be an imitation of or offered for sale under the name of another article.

REGULATION 23. PROPER BRANDING NOT A COMPLETE GUARANTY.

Packages which are correctly branded as to character of contents, place of manufacture, name of manufacturer, or otherwise, may be adulterated and hence not entitled to enter into interstate commerce.

REGULATION 24. INCOMPLETENESS OF BRANDING.

A compound shall be deemed misbranded if the label be incomplete as to the names of the required ingredients. A simple product does not require any further statement than the name or distinctive name thereof, except as provided in Regulations 19 (_a_) and 28.

REGULATION 25. SUBSTITUTION.

(Sections 7 and 8.)

(_a_) When a substance of a recognized quality commonly used in the preparation of a food or drug product is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label.

(_b_) When any substance which does not reduce, lower, or injuriously affect its quality or strength, is added to a food or drug product, other than that necessary to its manufacture or refining, the label shall bear a statement to that effect.

REGULATION 26. WASTE MATERIALS.

(Section 8.)

When an article is made up of refuse materials, fragments, or trimmings, the use of the name of the substance from which they are derived, unless accompanied by a statement to that effect, shall be deemed a misbranding. Packages of such materials may be labeled “pieces,” “stems,” “trimmings,” or with some similar appellation.

REGULATION 27. MIXTURES OR COMPOUNDS WITH DISTINCTIVE NAMES.

(Section 8. First proviso under “Foods,” paragraph 1.)

(_a_) The terms “mixtures” and “compounds” are interchangeable and indicate the results of putting together two or more food products.

(_b_) These mixtures or compounds shall not be imitations of other articles, whether simple, mixed, or compound, or offered for sale under the name of other articles. They shall bear a distinctive name and the name of the place where the mixture or compound has been manufactured or produced.

(_c_) If the name of the place be one which is found in different States, Territories, or countries, the name of the State, Territory, or country, as well as the name of the place, must be stated.

REGULATION 28. SUBSTANCES NAMED IN DRUGS OR FOODS.

(Section 8. Second under “Drugs”; second under “Foods.”)

(_a_) The term “alcohol” is defined to mean common or ethyl alcohol. No other kind of alcohol is permissible in the manufacture of drugs except as specified in the United States Pharmacopœia or National Formulary.

(_b_) The words alcohol, morphin, opium, etc., and the quantities and proportions thereof, shall be printed in letters corresponding in size with those prescribed in Regulation 17, paragraph (_c_).

(_c_) A drug, or food product except in respect of alcohol, is misbranded in case it fails to bear a statement on the label of the quantity or proportion of any alcohol, morphin, opium, heroin, cocain, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

(_d_) A statement of the maximum quantity or proportion of any such substances present will meet the requirements, provided the maximum stated does not vary materially from the average quantity or proportion.

(_e_) In case the actual quantity or proportion is stated it shall be the average quantity or proportion with the variations noted in Regulation 29.

(_f_) The following are the principal derivatives and preparations made from the articles which are required to be named upon the label:

ALCOHOL, ETHYL (_Cologne spirits_, _Grain alcohol_, _Rectified spirits_, _Spirits_, _and Spirits of wine_):

_Derivatives_--

Aldehyd, Ether, Ethyl acetate, Ethyl nitrite, and Paraldehyd.

_Preparations containing alcohol_--

Bitters, Brandies, Cordials, Elixirs, Essences, Fluidextracts, Spirits, Sirups, Tinctures, Tonics, Whiskies, and Wines.

MORPHIN, ALKALOID:

_Derivatives_--

Apomorphin, Dionin, Peronin, Morphin acetate, Hydrochlorid, Sulfite, and other salts of morphin.

_Preparations containing morphin or derivatives of morphin_--

Bougies, Catarrh Snuff, Chlorodyn, Compound powder of morphin, Crayons, Elixirs, Granules, Pills, Solutions, Sirups, Suppositories, Tablets, Triturates, and Troches.

OPIUM GUM:

_Preparations of Opium_--

Extracts, Denarcotized opium, Granulated opium, and Powdered opium, Bougies, Brown mixture, Carminative mixtures, Crayons, Dover’s powder, Elixirs, Liniments, Ointments, Paregoric, Pills, Plasters, Sirups, Suppositories, Tablets, Tinctures, Troches, Vinegars, and Wines.

_Derivatives_--

Codein, Alkaloid, Hydrochlorid, Phosphate, Sulphate, and other salts of codein.

_Preparations containing codein or its salts_--

Elixirs, Pills, Sirups, and Tablets.

COCAIN, ALKALOID:

_Derivatives_--

Cocain hydrochlorid, Oleate, and other salts.

_Preparations containing cocain or salts of cocain_--

Coca leaves, Catarrh powders, Elixirs, Extracts, Infusion of coca, Ointments, Paste pencils, Pills, Solutions, Sirups, Tablets, Tinctures, Troches, and Wines.

HEROIN:

_Preparations containing heroin_--

Sirups, Elixirs, Pills, and Tablets.

ALPHA AND BETA EUCAIN:

_Preparations_--

Mixtures, Ointments, Powders, and Solutions.

CHLOROFORM:

_Preparations containing chloroform_--

Chloranodyn, Elixirs, Emulsions, Liniments, Mixtures, Spirits, and Sirups.

CANNABIS INDICA:

_Preparations of cannabis indica_--

Corn remedies, Extracts, Mixtures, Pills, Powders, Tablets, and Tinctures.

CHLORAL HYDRATE (_Chloral_, U. S. Pharmacopœia, 1890):

_Derivatives_--

Chloral acetophenonoxim, Chloral alcoholate, Chloralamid, Chloralimid, Chloral orthoform, Chloralose, Dormiol, Hypnal, and Uraline.

_Preparations containing chloral hydrate or its derivatives_--

Chloral camphorate, Elixirs, Liniments, Mixtures, Ointments, Suppositories, Sirups, and Tablets.

ACETANILID (_Antifebrin_, _Phenylacetamid_):

_Derivatives_--

Acetphenetidin, Citrophen, Diacetanilid, Lactophenin, Methoxy-acetanilid, Methylacetanilid, Para-Iodoacetanilid, and Phenacetin.

_Preparations containing acetanilid or derivatives_--

Analgesics, Antineuralgics, Antirheumatics, Cachets, Capsules, Cold remedies, Elixirs, Granular effervescing salts, Headache powders, Mixtures, Pain remedies, Pills, and Tablets.

REGULATION 29. STATEMENT OF WEIGHT OR MEASURE.

(Section 8. Third under “Foods.”)

(_a_) A statement of the weight or measure of the food contained in a package is not required. If any such statement is printed, it shall be a plain and correct statement of the average net weight or volume, either on or immediately above or below the principal label, and of the size of letters specified in Regulation 17.

(_b_) A reasonable variation from the stated weight for individual packages is permissible, provided this variation is as often above as below the weight or volume stated. This variation shall be determined by the inspector from the changes in the humidity of the atmosphere, from the exposure of the package to evaporation or to absorption of water, and the reasonable variations which attend the filling and weighing or measuring of a package.

REGULATION 30. METHOD OF STATING QUANTITY OR PROPORTION.

(Section 8.)

In the case of alcohol the expression “quantity” or “proportion” shall mean the average percentage by volume in the finished product. In the case of the other ingredients required to be named upon the label, the expression “quantity” or “proportion” shall mean grains or minims per ounce or fluid ounce, and also, if desired, the metric equivalents therefor, or milligrams per gram or per cubic centimeter, or grams or cubic centimeters per kilogram or per liter; provided that these articles shall not be deemed misbranded if the maximum of quantity or proportion be stated, as required in Regulation 28 (_d_).

EXPORTS AND IMPORTS OF FOODS AND DRUGS.

REGULATION 31. PREPARATION OF FOOD PRODUCTS FOR EXPORT.

(Section 2.)

(_a_) Food products intended for export may contain added substances not permitted in foods intended for interstate commerce, when the addition of such substances does not conflict with the laws of the countries to which the food products are to be exported and when such substances are added in accordance with the directions of the foreign purchaser or his agent.

(_b_) The exporter is not required to furnish evidence that goods have been prepared or packed in compliance with the laws of the foreign country to which said goods are intended to be shipped, but such shipment is made at his own risk.

(_c_) Food products for export under this regulation shall be kept separate and labeled to indicate that they are for export.

(_d_) If the products are not exported they shall not be allowed to enter interstate commerce.

REGULATION 32. IMPORTED FOOD AND DRUG PRODUCTS.

(Section 11.)

(_a_) Meat and meat food products imported into the United States shall be accompanied by a certificate of official inspection of a character to satisfy the Secretary of Agriculture that they are not dangerous to health, and each package of such articles shall bear a label which shall identify it as covered by the certificate, which certificate shall accompany or be attached to the invoice on which entry is made.

(_b_) The certificate shall set forth the official position of the inspector and the character of the inspection.

(_c_) Meat and meat food products as well as all other food and drug products of a kind forbidden entry into or forbidden to be sold, or restricted in sale in the country in which made or from which exported, will be refused admission.

(_d_) Meat and meat food products which have been inspected and passed through the customs may, if identity is retained, be transported in interstate commerce.

REGULATION 33. DECLARATION.

(Section 11.)

(_a_) All invoices of food or drug products shipped to the United States shall have attached to them a declaration of the shipper, made before a United States consular officer, as follows:

I, the undersigned, do solemnly and truly declare that I am the ...... (Manufacturer, ............. of the merchandise herein mentioned and described, and agent, or shipper.) that it consists of food or drug products which contain no added substances injurious to health.

These products were grown in ........ and manufactured in ........ by (Country.) (Country.) .............. during the year ......, and are exported from ..... and (Name of manufacturer.) (City.) consigned to ..... The products bear no false labels or marks, contain (City.) no/some added coloring matter or preservative ........., and are not (Name of added color or preservative.) of a character to cause prohibition or restriction in the country where made or from which exported.

Dated at .... this .... day of ...., 19.. .

(Signed): .... .... ....

(_b_) In the case of importations to be entered at New York, Boston, Philadelphia, Chicago, San Francisco, and New Orleans, and other ports where food and drug inspection laboratories shall be established, this declaration shall be attached to the invoice on which entry is made. In other cases the declaration shall be attached to the copy of the invoice sent to the Bureau of Chemistry.

REGULATION 34. DENATURING.

(Section 11.)

Unless otherwise declared on the invoice or entry, all substances ordinarily used as food products will be treated as such. Shipments of substances ordinarily used as food products intended for technical purposes must be accompanied by a declaration stating that fact, and must be so denatured as to prevent their use as foods.

REGULATION 35. BOND, IMPORTED FOODS, AND DRUGS.

(Section 11.)

Unexamined packages of food and drug products may be delivered to the consignee prior to the completion of the examination to determine whether the same are adulterated or misbranded upon the execution of a penal bond by the consignee in the sum of the invoice value of such goods with the duty added, for the return of the goods to customs custody.

REGULATION 36. NOTIFICATION OF VIOLATION OF THE LAW.

(Section 11.)

If the sample on analysis or examination be found not to comply with the law, the importer shall be notified of the nature of the violation, the time and place at which final action will be taken upon the question of the exclusion of the shipment, and that he may be present, and submit evidence, which evidence (Form 15), with a sample of the article, shall be forwarded to the Bureau of Chemistry at Washington, accompanied by report card (Forms 16, 17, 18, 19, and 20).

REGULATION 37. APPEAL TO THE SECRETARY OF AGRICULTURE AND REMUNERATION.

(Section 11.)

All applications for relief from decisions arising under the execution of the law should be addressed to the Secretary of Agriculture, and all vouchers or accounts for remuneration for samples shall be filed with the chief of the inspection laboratory, who shall forward the same, with his recommendation, to the Department of Agriculture for action.

REGULATION 38. SHIPMENT BEYOND THE JURISDICTION OF THE UNITED STATES.

(Section 11.)

The time allowed the importer for representations regarding the shipment may be extended at his request to permit him to secure such evidence as he desires, provided that this extension of time does not entail any expense to the Department of Agriculture. If at the expiration of this time, in view of the data secured in inspecting the sample and such evidence as may have been submitted by the manufacturers or importers, it appears that the shipment can not be legally imported into the United States, the Secretary of Agriculture shall request the Secretary of the Treasury to refuse to deliver the shipment in question to the consignee, and to require its reshipment beyond the jurisdiction of the United States.

REGULATION 39. APPLICATION OF REGULATIONS.

These regulations shall not apply to domestic meat and meat food products which are prepared, transported, or sold in interstate or foreign commerce under the meat-inspection law and the regulations of the Secretary of Agriculture made thereunder.

REGULATION 40. ALTERATION AND AMENDMENT OF REGULATIONS.

These regulations may be altered or amended at any time, without previous notice, with the concurrence of the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor.

The above rules and regulations are hereby adopted.

LESLIE M. SHAW, _Secretary of the Treasury_.

JAMES WILSON, _Secretary of Agriculture_.

VICTOR H. METCALF, _Secretary of Commerce and Labor_.

WASHINGTON, D. C., _October 17, 1906_.

THE FOOD AND DRUGS ACT, JUNE 30, 1906.

AN ACT For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That it shall be unlawful for any person to manufacture within any Territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year’s imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year’s imprisonment, or both such fine and imprisonment, in the discretion of the court.

SEC. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulterated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court: _Provided_, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act.

SEC. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country.

SEC. 4. That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States District Attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.

SEC. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided.

SEC. 6. That the term “drug,” as used in this Art, shall include all medicines and preparations recognized in the United States Pharmacopœia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term “food,” as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.

SEC. 7. That for the purposes of this Act an article shall be deemed to be adulterated:

In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopœia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopœia or National Formulary official at the time of investigation: _Provided_, That no drug defined in the United States Pharmacopœia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopœia and National Formulary.

Second. If its strength or purity fall below the professed standard or quality under which it is sold.

In the case of confectionery:

If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug.

In the case of food:

First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Second. If any substance has been substituted wholly or in part for the article.

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: _Provided_, That when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption.

Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

SEC. 8. That the term “misbranded,” as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

That for the purposes of this Act an article shall also be deemed to be misbranded:

In case of drugs:

First. If it be an imitation of or offered for sale under the name of another article.

Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

In the case of food:

First. If it be an imitation of or offered for sale under the distinctive name of another article.

Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphin, opium, cocain, heroin, alpha or beta eucain, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular: _Provided_, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound,” “imitation,” or “blend,” as the case may be, is plainly stated on the package in which it is offered for sale: _Provided_, That the term blend as used herein shall be construed to mean a mixture of like substances, not including harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: _And provided further_, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.

SEC. 9. That no dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act.

SEC. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or insular possessions of the United States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: _Provided, however_, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States.

SEC. 11. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, samples of foods and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture, and have the right to introduce testimony, and if it appear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into, or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: _Provided_, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with such duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: _And provided further_, That all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.

SEC. 12. That the term “Territory” as used in this Act shall include the insular possessions of the United States. The word “person” as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person.

SEC. 13. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and seven.

Approved, June 30, 1906.

APPENDIX C.

[B. A. I. ORDER NO. 137.]

REGULATIONS GOVERNING THE MEAT INSPECTION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE.

SCOPE OF INSPECTION.

REGULATION 1.

All slaughtering, packing, meat-canning, salting, rendering, or similar establishments whose meats or meat food products, in whole or in part, enter into interstate or foreign commerce shall have inspection under these regulations unless exempted from inspection by the Secretary of Agriculture. Only farmers, and retail butchers or retail dealers supplying their customers, may be exempted under the law, but they are, nevertheless, subject to the provision of the law which places a penalty upon any person who shall sell or offer for sale or transportation, for interstate or foreign commerce, any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption.

All carcasses and parts of carcasses of cattle, sheep, swine, and goats, and all meats and meat food products thereof entering into interstate or foreign commerce shall show either that they have been inspected and passed or that they have been exempted from inspection under these regulations. All meats and meat food products on hand October 1, 1906, at establishments where inspection has not been previously maintained, or which have been inspected under previously existing law and regulations, shall be examined and labeled under these regulations before being allowed to enter into interstate or foreign commerce.

APPLICATION FOR INSPECTION OR EXEMPTION.

REGULATION 2.

The proprietor or operator of each slaughtering, packing, meat-canning, rendering, or similar establishment engaged in the slaughtering of cattle, sheep, swine, or goats, or in the packing, canning, or other preparation of any food product into which the meats or meat food products of said animals enter in whole or in part, for interstate or foreign commerce, shall make application to the Secretary of Agriculture for inspection or for exemption from inspection. The said application shall be made in writing, addressed to the Secretary of Agriculture, Washington, D. C., and shall state the location of the establishment, the address of the owner or of a duly authorized officer or agent of the same, the kinds of animals slaughtered, the estimated number of animals of any species slaughtered per day and per week, or the estimated amount of meats or meat food products received from other establishments, and the character, quantity, and proposed disposition of the products of said establishment. Blank application forms will be furnished by the Chief of the Bureau of Animal Industry upon request. If an establishment is not in a sanitary condition, inspection shall not be established.

EXEMPTION FROM INSPECTION.

(_a_) If, in the judgment of the Secretary of Agriculture, the retail butcher or retail dealer who is engaged in supplying his customers through the medium of interstate or foreign commerce should be exempted from Federal inspection, a certificate of exemption will be furnished to the applicant for use with transportation companies and other companies and persons in securing the movement of his products.

OFFICIAL NUMBER.

REGULATION 3.

If inspection is established under said application the Secretary of Agriculture will give said establishment a number by which all its meats and meat food products shall thereafter be known, and this number shall be used by the inspectors of the Department of Agriculture, and also by the proprietors of said establishment, to mark the meats and meat food products of the establishment as hereinafter prescribed. Establishments having one or more branches may use the same number for all by affixing a serial letter in connection with the number to differentiate the products of the different branches. Each establishment at which inspection is maintained must be separate and apart from any other establishment engaged in similar business at which inspection is not maintained.

(_a_) Retail butchers and dealers who have been exempted from inspection under these regulations will be given numbers by which their products will be known.

DESIGNATION OF INSPECTORS.

REGULATION 4.

The Secretary of Agriculture will designate an inspector to take charge of the inspection at each establishment where inspection is maintained, and will detail to said inspector such assistants as may be necessary to carry on properly the work of inspection and supervision at said establishment. For the purpose of enforcing the law and regulations the inspector and all employees under his direction shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment.

OFFICE ROOM.

REGULATION 5.

Office room, including light and heat, shall be provided by proprietors of establishments, rent free, for the exclusive use of the inspector and other employees of the Department on duty at each establishment. The room or rooms set apart for this purpose must be properly ventilated, conveniently located, and provided with lockers suitable for the protection and storage of such supplies as may be required; all to meet the approval of the inspector in charge.

ALL CARCASSES AND PRODUCTS INSPECTED.

REGULATION 6.

All cattle, sheep, swine, or goats slaughtered at an establishment at which inspection is maintained, and all meats and meat food products prepared therein shall be inspected, handled, and prepared as required by these regulations.

NOTICE OF DAILY OPERATIONS.

REGULATION 7.

The manager of each establishment at which inspection is maintained shall inform the inspector in charge, or his assistant, when work has been concluded for the day, and of the day and hour when work will be resumed. Under no circumstances shall an establishment be operated except under the supervision of an employee of the Department. All slaughtering must be done within reasonable hours and with reasonable speed, the character of the establishment being considered. Where one inspector is detailed to conduct the work at two or more small establishments where few animals are slaughtered, the inspector in charge may designate the hours for slaughter. No work shall be performed at establishments where inspection is maintained during any day on which such work is prohibited by the law of the State or Territory in which the establishment is located.

BADGES.

REGULATION 8.

Each employee of the Department engaged in inspection under these regulations will be furnished with a numbered badge, which he shall wear over the left breast on the outer clothing while in the performance of his official duties, and which shall not be allowed to leave his possession.

BRIBERY.

REGULATION 9.

It is a felony, punishable by fine and imprisonment, for any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, to give, pay, or offer, directly or indirectly, to any Department employee authorized to perform any duty under these regulations, any money or other thing of value with intent to influence said employee in the discharge of his duty under these regulations. It is also a felony, punishable by fine and imprisonment, for any Department employee engaged in the performance of duty under these regulations to receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or other thing of value given with any purpose or intent whatsoever.

SANITATION.

REGULATION 10.

Upon receipt of an application for inspection the Secretary of Agriculture will cause to be made an examination of the premises, and will indicate the requirements for sanitation and the necessary facilities for inspection.

REGULATION 11.

In order that the carcasses of cattle, sheep, swine, and goats, and the meats and meat food products thereof, may be admitted to interstate or foreign commerce, it is necessary under the law that the establishments in which the animals are slaughtered, or the meats and meat food products are prepared, cured, packed, stored, or handled, shall be suitably lighted and ventilated and maintained in a sanitary condition. All work in such establishments shall be performed in a cleanly and sanitary manner.

(_a_) Ceilings, side walls, pillars, partitions, etc., shall be frequently whitewashed or painted, or, where this is impracticable, they shall, when necessary, be washed, scraped, or otherwise rendered sanitary. Where floors or other parts of a building, or tables or other parts of the equipment, are so old or in such condition that they cannot be readily made sanitary, they shall be removed and replaced by suitable materials or otherwise put in a condition acceptable to the inspector in charge. All floors upon which meats are piled during the process of curing shall be so constructed that they can be kept in a clean and sanitary condition, and such meats shall also be kept clean.

(_b_) All trucks, trays, and other receptacles, all chutes, platforms, racks, tables, etc., and all knives, saws, cleavers, and other tools, and all utensils and machinery used in moving, handling, cutting, chopping, mixing, canning, or other process, shall be thoroughly cleansed daily, if used.

(_c_) The aprons, smocks, or other outer clothing of employees who handle meat in contact with such clothing shall be of a material that is readily cleansed and made sanitary and shall be cleansed daily, if used. Employees who handle meats or meat food products shall be required to keep their hands clean.

(_d_) All toilet rooms, urinals, and dressing rooms shall be entirely separated from compartments in which carcasses are dressed or meats or meat food products are cured, stored, packed, handled, or prepared. They shall be sufficient in number, ample in size, and fitted with modern lavatory accommodations, including toilet paper, soap, running water, towels, etc. They shall be properly lighted, suitably ventilated, and kept in a sanitary condition. Managers of establishments must see that employees keep themselves clean.

(_e_) The rooms or compartments in which meats or meat food products are prepared, cured, stored, packed, or otherwise handled shall be lighted and ventilated in a manner acceptable to the inspector in charge and shall be so located that odors from toilet rooms, catch-basins, casing departments, tank rooms, hide cellars, etc., do not permeate them. All rooms or compartments shall be provided with cuspidors, which employees who expectorate shall be required to use.

(_f_) Persons affected with tuberculosis or any other communicable disease shall not be knowingly employed in any of the departments of establishments where carcasses are dressed, meats handled, or meat food products prepared, and any employee suspected of being so affected shall be so reported by the inspector in charge to the manager of the establishment and to the Chief of the Bureau of Animal Industry.

(_g_) The fattening of hogs or other animals on the refuse of slaughterhouses will not be permitted on the premises of an establishment where inspection is maintained, and no use incompatible with proper sanitation shall be made of any part of the premises on which such establishment is located. All yards, fences, pens, chutes, alleys, etc., belonging to the premises of such establishment shall, whether they are used or not, be maintained in a sanitary condition.

(_h_) Butchers who dress diseased carcasses shall cleanse their hands of all grease and then immerse them in a prescribed disinfectant and rinse them in clear water before engaging again in dressing or handling healthy carcasses. All butchers’ implements used in dressing diseased carcasses shall be cleansed of all grease and then sterilized, either in boiling water or by immersion in a prescribed disinfectant, and rinsed in clear water before being again used in dressing healthy carcasses.

Facilities for such cleansing and disinfection, approved by the inspector in charge, shall be provided by the establishment. Separate trucks, etc., shall be furnished for handling diseased carcasses and parts. Following the slaughter of an animal affected with an infectious disease a stop shall be made until the implements have been cleansed and disinfected unless duplicate implements are provided.

(_i_) Inspectors are required to furnish their own knives for use in dissecting or incising diseased carcasses or parts, and are required to use the same means for disinfecting knives, hands, etc., that are prescribed for employees of the establishment.

(_j_) Meats and meat food products intended for rendering into edible products must be prevented from falling on the floor, while being emptied into the tanks, by the use of some device, such as a metal funnel.

(_k_) Plans of new plants and of plants to be remodeled should be submitted to the Secretary of Agriculture.

(_l_) Carcasses or parts of carcasses inflated with air blown from the mouth shall not be marked “U. S. Inspected and Passed.”

(_m_) Carcasses dressed with skewers that have been held in the mouth shall not be marked “U. S. Inspected and Passed.”

INTERPRETATION AND DEFINITIONS OF WORDS AND TERMS.

REGULATION 12.

Wherever in these regulations the following words, names, or terms are used they shall be construed as follows:

_Inspectors and Department Employees._--These terms shall mean, respectively, inspectors and employees of the Bureau of Animal Industry.

“_U. S. Inspected and Passed._”--This phrase shall mean that the carcasses, parts of carcasses, meats, and meat food products so marked are sound, healthful, wholesome, and contain no dyes, chemicals, preservatives, or ingredients which render meats or meat food products unsound, unhealthful, unwholesome, unclean, or unfit for human food.

_Rendered into Lard or Tallow._--This phrase shall mean that the carcasses, parts of carcasses, meats, and meat food products so designated have been passed for the preparation of lard or tallow only.

“_U. S. Inspected and Condemned._”--This phrase shall mean that the carcasses, parts of carcasses, and meat food products so marked are unfit for food and shall be destroyed for food purposes.

_Carcass._--This word shall mean an animal that has been killed under these regulations, including all parts which are to be used for food.

_Primal Parts of Carcass._--This phrase shall mean the usual sections or cuts of the dressed carcass commonly known in the trade, such as sides, quarters, shoulders, hams, backs, bellies, etc., and entire edible organs, such as tongues, livers, etc., before they have been cut, shredded, or otherwise subdivided preliminary to use in the manufacture of meat food products.

_Meat Food Products._--This term shall mean any product used for food into the composition of which any portion of the carcass enters, or in the preparation of which any portion of the carcass is used, including lard, mince-meat, extracts, gelatin, oleomargarine, butterine, soups, etc.

_Vinegar._--The word vinegar, as used herein, shall mean cider vinegar, wine vinegar, malt vinegar, sugar vinegar, glucose vinegar, or spirit vinegar, as defined by the Committee on Food Standards in Circular No. 10, Secretary’s Office, United States Department of Agriculture.

ANTE-MORTEM EXAMINATION AND INSPECTION.

REGULATION 13.

An ante-mortem examination and inspection shall be made of all cattle, sheep, swine, and goats about to be slaughtered before they shall be allowed to enter an establishment at which inspection is maintained. Said examination and inspection shall be made in the pens, alleys, or chutes of the establishment at which the animals are about to be slaughtered. The proprietors of the establishments at which the said ante-mortem inspection is conducted shall provide satisfactory facilities for conducting said inspection and for separating and holding apart from healthy animals those showing symptoms of disease.

All animals showing symptoms or suspected of being affected with any disease or condition which, under these regulations, would probably cause their condemnation when slaughtered, shall be marked by affixing to the ear or tail a metal tag as provided in Regulation 20.

All such animals, except as hereinafter provided, shall be slaughtered separately, either before regular slaughter has commenced or at the close of the regular slaughter, and shall be duly identified by a representative of the establishment to the inspector on duty on the killing floor before the skins are removed or the carcasses opened for evisceration.

Animals which have been tagged for pregnancy and which have not been exposed to any infectious or contagious disease are not required to be slaughtered, but before any such animal is removed from the establishment the tag shall be detached by a Department employee and returned with his report to the inspector in charge.

(_a_) If any pathological condition is suspected in which the question of temperature is important, such as Texas fever, anthrax, pneumonia, blackleg, or septicemia, the exact temperature should be taken. Due consideration, however, must be given to the fact that extremely high temperatures may be found in otherwise normal hogs when subjected to exercise or excitement, and a similar condition may obtain to a less degree among other classes of animals. Animals commonly termed “downers,” or crippled animals, shall be tagged, as provided for in Regulation 20, in the abattoir pens for the purpose of identification at the time of slaughter, and shall be passed upon in accordance with these regulations.

POST-MORTEM INSPECTION AT TIME OF SLAUGHTER.

REGULATION 14.

The inspector or his assistants shall, at the time of slaughter, make a careful inspection of all animals slaughtered. The head, tail, thymus gland, bladder, caul, and the entire viscera, and all parts and blood used in the preparation of meat food products shall be retained in such manner as to preserve their identity until after the post-mortem examination has been completed, in order that they may be identified in case of condemnation of the carcass. Suitable racks or metal receptacles shall be provided for retaining such parts.

Carcasses and parts thereof found to be sound, healthful, wholesome, and fit for human food shall be passed and marked as provided in these regulations.

Should any lesion of disease or other condition that would probably render the meat or any organ unfit for food purposes be found on post-mortem examination, such meat or organ shall be marked immediately with a tag, as provided in Regulation 27. Carcasses which have been so marked shall not be washed or trimmed unless such washing or trimming is authorized by the inspector.

DISPOSAL OF DISEASED CARCASSES AND ORGANS.

REGULATION 15.

The carcasses or parts of carcasses of all animals which are slaughtered at an establishment where inspection is maintained, and which are found at time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named below shall be disposed of according to the section of this regulation pertaining to the disease or condition. It is to be understood, however, that owing to the fact that it is impracticable to formulate rules covering every case, and to designate at just what stage a process becomes loathsome or a disease noxious, the decision as to the disposition of all carcasses, parts, or organs not specifically covered by these regulations shall be left to the veterinary inspector in charge. Carcasses found, before evisceration has taken place, to be affected with an infectious or contagious disease, including tuberculosis, shall not be eviscerated at the regular killing bed or bench, but shall be taken to the retaining room, or other specially prepared place, separate from other carcasses, and there opened and examined.

(_a_) _Anthrax, or Charbon._--All carcasses showing lesions of this disease, regardless of the extent of the disease, shall be condemned and immediately tanked, including the hide, hoofs, horns, viscera, fat, blood, and all other portions of the animal. The killing bed upon which the animal was slaughtered shall be disinfected with a 10 percent solution of formalin, and all knives, saws, cleavers, and other instruments which have come in contact with the carcass shall be treated as provided in Regulation 11, paragraph (_h_), before being used upon another carcass.

(_b_) _Blackleg._--Carcasses of animals showing lesions of blackleg shall be condemned.

(_c_) _Hemorrhagic Septicemia._--Carcasses of animals affected with this disease shall be condemned.

(_d_) _Pyemia and Septicemia._--Carcasses showing lesions of either of these diseases shall be condemned.

(_e_) _Rabies._--Carcasses of animals which showed symptoms of rabies before slaughter shall be condemned.

(_f_) _Tetanus._--Carcasses of animals which showed symptoms of tetanus before slaughter shall be condemned.

(_g_) _Malignant Epizoötic Catarrh._--Carcasses of animals affected with this disease and showing generalized inflammation of the mucous membranes shall be condemned.

(_h_) _Hog Cholera and Swine Plague._--(1) Carcasses showing well-marked and progressive lesions of hog cholera or swine plague in more than two of the organs (skin, kidneys, bones, or lymphatic glands) shall be condemned.

(2) Carcasses showing slight lesions which are confined to the kidneys and lymphatic glands may be passed.

(3) Carcasses which reveal lesions more numerous than those described for carcasses to be passed, but not so severe as the lesions described for carcasses to be condemned, may be rendered into lard, provided they are cooked by steam for four hours at a temperature not lower than 220° F.

(4) In inspecting carcasses showing lesions of the skin, bones, kidneys, or lymphatic glands, due consideration shall be given to the extent and severity of the lesions found in the viscera.

(_i_) _Actinomycosis, or Lumpy Jaw._--(1) If the carcass is in a well-nourished condition and there is no evidence upon post-mortem examination that the disease has extended from a primary area of infection in the head, the carcass may be passed, but the head, including the tongue, shall be condemned.

(2) If the carcass is in a well-nourished condition and the disease has extended beyond the primary area of infection, the disposition shall be made in accordance with the regulations relating to tuberculosis.

(_j_) _Caseous Lymphadenitis._--When the lesions are limited to the superficial lymphatic glands or to a few nodules in an organ, involving also the adjacent lymphatic glands, and the carcass is well nourished, the meat may be passed after the affected parts are removed and condemned. If extensive lesions, with or without pleuritic adhesions, are found in the lungs, or if several of the visceral organs contain caseous nodules and the carcass is emaciated, it shall be condemned.

(_k_) _Tuberculosis._--All carcasses affected with tuberculosis and showing emaciation shall be condemned. All other carcasses affected with tuberculosis shall be condemned, except those in which the lesions are slight, calcified, or encapsulated, and are confined to the tissues indicated in any one of the following five paragraphs, or to a less number of such tissues, and excepting also those which may, under paragraphs (6) and (7) below, be rendered into lard or tallow.

(1) The cervical lymphatic glands and two groups of visceral lymphatic glands in a single body cavity, such as the cervical, bronchial, and mediastinal glands, or the cervical, hepatic, and mesenteric glands.

(2) The cervical lymphatic glands and one group of visceral lymphatic glands and one organ in a single body cavity, such as the cervical and bronchial glands and the lungs, or the cervical and hepatic glands and the liver.

(3) Two groups of visceral lymphatic glands and one organ in a single body cavity, such as the bronchial and mediastinal glands and the lungs, or the hepatic and mesenteric glands and the liver.

(4) The cervical lymphatic glands and one group of visceral lymphatic glands in each body cavity, such as the cervical, bronchial, and hepatic glands.

(5) Two groups of visceral lymphatic glands in the thoracic cavity and one group in the abdominal cavity, or one group of visceral lymphatic glands in the thoracic cavity and two groups in the abdominal cavity, such as the bronchial, mediastinal, and hepatic glands, or the bronchial, hepatic, and mesenteric glands.

(6) Carcasses affected with tuberculosis, in which the lesions of the disease are located as described in any one of the preceding five paragraphs, but are slight and in a state of caseation, or liquefaction necrosis, or surrounded by hyperemic zones, and also those in which slight, calcified, or encapsulated lesions are found in more visceral organs or more groups of visceral lymphatic glands than are specified in any one of the preceding five paragraphs, may be rendered into lard or tallow after the diseased parts are removed. The carcasses shall be cooked by steam at a temperature not lower than 220° F. for not less than four hours.

(7) Carcasses in which the cervical lymphatic glands, one organ, and the serous membrane in a single body cavity, such as the cervical lymphatic glands, the lungs, and the pleura, or the cervical lymphatic glands, the liver, and the peritoneum, are affected with tuberculosis, may be rendered into lard or tallow after the diseased parts are removed. The carcasses shall be cooked by steam at a temperature not lower than 220° F. for not less than four hours.

(8) All condemned carcasses, parts of carcasses, or organs showing lesions of tuberculosis shall be deposited in receptacles provided for that purpose, and shall either be tanked at once or be locked in the “condemned” room until such time as an employee of the Department can see that they are placed in the tank.

(9) All heads and other parts showing lesions of tuberculosis shall be condemned.

(_l_) _Texas Fever._--Carcasses showing sufficient lesions to warrant the diagnosis of Texas fever shall be condemned.

(_m_) _Parasitic Ictero-hematuria._--Carcasses of sheep affected with this disease shall be condemned.

(_n_) _Mange, or Scab._--Carcasses of animals affected with mange, or scab, in advanced stages, shall be condemned. When the disease is slight, the carcass may be passed.

(_o_) _Tapeworm Cysts._--Carcasses of animals slightly affected with tapeworm cysts may be rendered into lard or tallow, but extensively affected carcasses shall be condemned.

(_p_) _Pneumonia, Pleurisy, Enteritis, Peritonitis, and Metritis._--Carcasses showing generalized inflammation of one of the following tissues--the lungs, pleuræ, intestines, peritoneum, or the uterus--whether in acute or chronic form, shall be condemned.

(_q_) _Icterus._--Carcasses showing an intense yellow or greenish-yellow discoloration after proper cooling shall be condemned. Carcasses which exhibit a yellowish tint directly after slaughter, but lose this discoloration on chilling, may be passed for food.

(_r_) _Uremia and Sexual Odor._--Carcasses which give off the odor of urine or a strong sexual odor shall be condemned.

(_s_) _Urticaria, Etc._--Hogs affected with urticaria (diamond skin disease), _Tinea tonsurans_, _Demodex folliculorum_, or erythema may be passed after detaching and condemning the skin, if the carcass is otherwise fit for food.

(_t_) _Melanosis, Etc._--Carcasses of animals showing any disease or injury, such as traumatic pericarditis, generalized melanosis, pseudo-leukemia, etc., which causes considerable elevation of temperature or affects the system of the animal, shall be condemned.

(_u_) _Bruises, Abscesses, Liver Flukes, Etc._--Any organ or part of a carcass which is badly bruised or which is affected by malignant tumors, abscesses, suppurating sores, or liver flukes shall be condemned, but when the lesions are so extensive as to affect the whole carcass, the whole carcass shall be condemned.

(_v_) _Emaciation and Anemia._--Carcasses of animals too emaciated or anemic to produce wholesome meat and those carcasses which show a slimy degeneration of the fat or a serous infiltration of the muscles shall be condemned.

(_w_) _Pregnancy and Parturition._--Carcasses of animals in advanced stages of pregnancy (showing signs of preparation for parturition), also carcasses of animals which have within ten days given birth to young and in which there is no evidence of septic infection, may be rendered into lard or tallow if desired by the manager of the establishment, otherwise they shall be condemned.

(_x_) _Immaturity._--Carcasses of animals too immature to produce wholesome meat, all unborn and stillborn animals, also carcasses of calves, pigs, kids, and lambs under three weeks of age shall be condemned.

(_y_) _Diseased Parts._--In all cases where carcasses showing localized lesions of disease are passed or rendered into lard or tallow, the diseased parts must be removed before the “U. S. Retained” tag is taken from the carcass, and such parts shall be condemned.

(_z_) _Careless Scalding._--Hogs which have been allowed to pass into the scalding vat alive shall be condemned.

(_aa_) _Dead Animals._--All animals that die in abattoir pens, and those in a dying condition before slaughter, shall be tagged as provided in Regulation 21, and in all cases shall be condemned. In conveying animals which have died in the pens of an establishment to the tank they shall not be allowed lo pass through compartments in which food products are prepared. No dead animals shall be brought into an establishment for rendering from outside the premises of said establishment.

“RETAINING” AND “CONDEMNED” ROOMS.

REGULATION 16.

Separate compartments, to be known as “retaining rooms,” or other special places for final inspection, shall be set apart at all establishments at which inspection is maintained, and all carcasses and parts marked with a “U. S. Retained” tag shall be held in these rooms pending final inspection. These rooms shall be rat proof and furnished with abundant light; the floors shall be of cement, metal, or brick laid in cement. They shall be provided with facilities for locking, and locks for this purpose will be furnished by the Department. The keys to such locks shall remain in the custody of the inspector or his assistant.

Immediately after the final inspection of carcasses and parts are marked with “U. S. Retained” tags is completed, those found to be wholesome and fit for human food shall be released by the veterinary inspector conducting the inspection, who shall remove the “U. S. Retained” tags, and the carcasses shall be removed from the retaining rooms and marked “U. S. Inspected and Passed,” as provided in Regulation 28.

The floors and walls of all retaining rooms shall be washed with hot water and disinfected after diseased animals are removed, and before any “retained” animals are again placed therein.

Carcasses or parts of carcasses found on final inspection to be unsound, unhealthful, unwholesome, or otherwise unfit for human food shall be marked “U. S. Inspected and Condemned,” as provided in Regulation 28, and shall be removed from the retaining room to the “condemned” room, if not tanked within twenty-four hours.

(_a_) In each establishment at which condemned carcasses or meat food products are held for more than twenty-four hours after condemnation, there shall be provided a room entirely separate from all other rooms in the establishment. This room shall be secure and shall be provided with a lock, the key of which shall remain in the custody of a Department employee. This room shall be known as the “condemned” room, and shall be kept locked at all times except when condemned meat or meat food product is being taken into or from the said room under the supervision of a Department employee.

All condemned carcasses shall be removed from retaining rooms within twenty-four hours after they are condemned, except in questionable cases, when they are held pending the decision of the inspector in charge. Condemned carcasses shall not be allowed to accumulate, but shall be removed from the “condemned” rooms, treated with coloring substances, or otherwise treated, as provided in Regulation 18, paragraph (_b_), and tanked within a reasonable time after condemnation. Carcasses of diseased animals which are eviscerated in the retaining room or in the specially prepared place under the provisions of Regulation 15, shall, unless passed, be removed immediately either to the “condemned” room or to the tank.

REGULATION 17.

_Bruised Parts._--When a portion of a carcass is to be condemned on account of slight bruises, which cannot be properly removed until the carcass is chilled, the carcass shall be marked with a “U. S. Retained” tag and placed in the retaining room. After chilling, the affected portion shall be cut out, marked “U. S. Inspected and Condemned,” and removed to the tank or locked in the “condemned” room, and the remainder of the carcass shall be marked “U. S. Inspected and Passed.”

TANKS AND TANKING.

REGULATION 18.

All condemned carcasses, parts of carcasses, and meat food products shall be tanked as follows:

(_a_) After the lower opening of the tank has been securely sealed by an employee of the Department, and the condemned carcasses, parts, and meat food products are placed therein in his presence, the upper opening shall be likewise securely sealed by such employee, whose duty it shall be then to see that a sufficient force of steam is turned into the tank and maintained a sufficient length of time effectually to render the contents unfit for any edible product. Tanks for this purpose shall be so located or operated that the fumes and odors therefrom shall not pervade compartments in which carcasses are dressed or edible products prepared. Wire and lead seals are provided by the Department for sealing tanks.

(_b_) A sufficient quantity of coloring matter or other substance to be designated by the Department shall be used in connection with the tanking of all condemned carcasses, parts of carcasses, meats, and meat food products, to destroy them effectually for food purposes.

(_c_) The seals of tanks containing condemned meats or the tankage thereof shall be broken only by an employee of the Department.

(_d_) If an establishment where inspection is maintained fails to permit the treatment and tanking of condemned carcasses, parts of carcasses, meats, or meat food products, as required by these regulations, the inspector in charge shall report that fact to the Department, in order that inspection may be withdrawn from such establishment.

REGULATION 19.

Any meats or meat food products condemned at establishments which have no facilities for tanking shall be treated as provided in Regulation 18, paragraph (b), and removed to an establishment indicated by the inspector in charge and there tanked and rendered under the supervision of an employee of the Department.

LABELS, TAGS, AND BRANDS.

“U. S. SUSPECT” TAG.

REGULATION 20.

To the ear or tail of each animal inspected under Regulation 13 which shows symptoms or is suspected of being affected with any disease or condition which, under these regulations, may cause its condemnation on post-mortem inspection, there shall be affixed by a Department employee at the time of inspection a numbered metal tag bearing the words “U. S. Suspect.” The employee who affixes the tag shall report the number to the inspector in charge. This “U. S. Suspect” tag shall remain upon the animal until the preliminary post-mortem inspection at the time of slaughter. If no lesions of disease are then discovered, the “U. S. Suspect” tag shall be removed and forwarded to the inspector in charge, with a report that the carcass has been inspected and passed, and the carcass shall be labeled or stamped “U. S. Inspected and Passed,” as hereinafter provided.

ANTE-MORTEM CONDEMNED TAG.

REGULATION 21.

To the ear of each animal which is found in a dying condition or dead on the premises of an establishment at which inspection is maintained there shall be affixed by a Department employee a numbered metal tag bearing the words “U. S. Condemned.” The ear bearing the tag shall not be removed from the carcass. The number of this tag shall be reported to the inspector in charge by the employee who affixes it. This tag shall remain on the condemned carcass until it reaches the tank, and immediately before tanking it shall be removed by the Department employee who is supervising the tanking and returned with a report to the inspector in charge.

LABELING BEEF FOR EXPORT.

REGULATION 22.

Upon each quarter of each dressed beef carcass inspected and passed for export there shall be placed by a Department employee a meat-inspection label or mark, which shall bear the number of the establishment and the words “U. S. Inspected and Passed.”

LABELING BEEF FOR INTERSTATE COMMERCE.

REGULATION 23.

Upon each dressed beef carcass inspected and passed for interstate commerce there shall be placed by a Department employee at the time of inspection at least ten labels or marks bearing the number of the establishment and the words “U. S. Inspected and Passed.”

LABELING CANNERS.

REGULATION 24.

Upon each quarter of each dressed beef carcass inspected and passed, and which is to be cut up and prepared in the establishment in which the animal was slaughtered or in another establishment where inspection is maintained, there shall be placed by a Department employee at the time of inspection one label or mark bearing the establishment number and the words “U. S. Inspected and Passed.” If, however, a primal part of any such carcass is to leave the establishment for interstate or foreign commerce, such primal part, or the container thereof, must be labeled, stamped, or branded, under the personal supervision of a Department employee, with the establishment number and the words “U. S. Inspected and Passed.”

LABELING CARCASSES OF SHEEP, CALVES, SWINE, AND GOATS.

REGULATION 25.

Upon the dressed carcasses of sheep, calves, swine, and goats inspected and passed for interstate or export commerce there shall be placed by a Department employee at the time of inspection at least two labels or marks bearing the number of the establishment and the words “U. S. Inspected and Passed.”

STAMP ON CLOTH WRAPPING.

REGULATION 26.

When the dressed carcasses or parts thereof of cattle, sheep, calves, swine, or goats are wrapped or inclosed for shipment for interstate or export commerce in burlap, muslin, cheese cloth, or other similar substance, the covering shall bear a meat-inspection stamp or other mark on which shall appear the establishment number and the words “U. S. Inspected and Passed.”

“U. S. RETAINED” TAG

REGULATION 27.

Upon each carcass, or part or detached organ thereof, inspected under Regulation 14, in which any lesion of disease or other condition is found that would probably render the meat or any organ unfit for food purposes, there shall be placed by a Department employee at the time of inspection a paper tag, numbered in duplicate, bearing the words “U. S. Retained,” attached by a wire and seal. The inspector who attaches this “U. S. Retained” tag shall detach the numbered stub thereof and return it with his report to the inspector in charge. The other portion shall accompany the carcass to the retaining Room.

“U. S. CONDEMNED STAMP.”

REGULATION 28.

Upon each carcass, or part or detached organ thereof, which is found on final inspection in the retaining room, or other special place for final inspection, to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, there shall be stamped conspicuously by a Department employee at the time of inspection the words “U. S. Inspected and Condemned.” In addition the “U. S. Retained” tag shall remain upon the carcass and shall be stamped with the words “U. S. Inspected and Condemned.” This stamped “U. S. Retained” tag shall accompany the carcass to the tank and shall be removed immediately before tanking by the Department employee who is supervising that operation, and he shall write or stamp upon the tag the word “Tanked,” the date, sign his name, and return the tag with his report to the inspector in charge. If, however, upon final inspection the carcass is passed for food, the inspector shall stamp the retained tag “U. S. Inspected and Passed,” and return the tag with his report to the inspector in charge.

MARKING OF PRIMAL PARTS.

REGULATION 29.

On each primal part, or organ, or the container thereof, which has been inspected and passed, and which is to leave the establishment for interstate or export commerce, and which has not been theretofore marked with the words “U. S. Inspected and Passed,” and the establishment number, there shall be placed, under the personal supervision of a Department employee, a mark, stamp, or brand bearing the words “U. S. Inspected and Passed” and the establishment number. When primal parts or organs are shipped between establishments at which inspection is maintained the number of the establishment need not appear.

BRANDING IRONS.

REGULATION 30.

When hot branding irons or other instruments are used to label hams, bacon, or other primal part with the name of the packer, or with a trade-mark, and it is desired, in addition, to indicate that the meat has been inspected by the Department of Agriculture, the wording for this purpose, which shall be in letters and figures of sufficient size to be legible, shall include the number of the establishment in which the product was produced, and also the statement “U. S. Inspected and Passed,” or the abbreviated statement “U. S. Ins. Psd.” This marking shall be accepted as the United States inspection mark. It shall be affixed, however, only under the personal supervision of a Department employee.

“SPECIAL” STAMP.

REGULATION 31.

Upon all meats and meat food products prepared for export with preservatives under Regulation 39, paragraph (_b_), there shall also be stamped or branded, under the personal supervision of a Department employee, the word “Special.” This word “Special” shall not be used upon any inspected meats or meat food products not prepared under said Regulation 39, unless it is used in combination with other words.

TRADE LABELS.

REGULATION 32.

Upon each can, pot, tin, canvas, or other receptacle or covering containing any meat or meat food product for interstate or foreign commerce, except packages on which meat-inspection stamps appear, there shall be placed, under the supervision of a Department employee, a trade label. This trade label shall contain the words “U. S. Inspected and Passed, under the Act of Congress of June 30, 1906,” in plain letters and figures of uniform size, the number of the establishment at which the meat or meat food product is last prepared or packed, and labeled, and the true name of the meat or meat food product contained in such package. Only trade names which are not false or deceptive may be used upon the trade label. A copy of each trade label shall be filed with the inspector in charge for his approval. The inspector in charge shall approve or disapprove each trade label, and report his action for approval to the Chief of the Bureau of Animal Industry, forwarding the label with his report. Only trade labels which have been approved by the Secretary of Agriculture shall be used.

REGULATION 33.

_False or Deceptive Names._--No meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive, and which shall be approved by the Secretary of Agriculture, are permitted. Trade labels which are false or deceptive in any particular shall not be permitted. A meat food product, whether composed of one or more ingredients, shall not be named on a trade label with a name stating or purporting to show that the said meat food product is a substance which is not the principal ingredient contained therein, even though such name be an established trade name.

TAGGING REINSPECTED MEATS AND MEAT FOOD PRODUCTS.

REGULATION 34.

Upon all meats or meat food products, which are suspected on reinspection of being unsound, unhealthful, unwholesome, or otherwise unfit for human food, or upon the containers thereof, there shall be placed by a Department employee at the time of reinspection the “U. S. Retained” tags hereinbefore described. The employee who affixes the tag shall send the numbered stub with his report to the inspector in charge. These tags shall accompany the said meats or meat food products to the retaining room or other special place for final inspection. When the final inspection is made, if the meat or meat food product be condemned the “U. S. Retained” tag shall be stamped “U. S. Inspected and Condemned,” and shall accompany the condemned meat or meat food product to the tank.

Immediately before the meat or meat food product is tanked the employee supervising that operation shall write or stamp the word “Tanked” and the date upon the said tag, and sign his name thereto, and forward the tag to the inspector in charge with his report. If, however, upon final inspection the meat or meat food product is passed for food, the inspector shall stamp the retained tag “U. S. Inspected and Passed,” and return the tag with his report to the inspector in charge.

REFERENCE TO UNITED STATES INSPECTION.

REGULATION 35.

Except as provided in these regulations, no reference to United States inspection shall appear upon any meat or meat food product or the container thereof.

REINSPECTION.

REINSPECTION OF PASSED CARCASSES AND PARTS.

REGULATION 36.

Before being admitted into any cooking, canning, sausage, or other department of an establishment, also before being packed for shipment, and at such other times as may be deemed necessary, all dressed carcasses or parts thereof that have been previously inspected and passed shall be reinspected by an inspector or his assistants, and if upon any such reinspection any carcass or part thereof is found to have become unsound, unhealthful, unwholesome, or in any way unfit for human food, the original mark, stamp, tag, or label shall be removed or cancelled and the carcass or part shall be condemned.

REINSPECTION OF INSPECTED MEATS RECEIVED AT OFFICIAL ESTABLISHMENTS.

REGULATION 37.

Except as provided in Regulation 41, only carcasses and parts thereof, meats, and meat food products which can by marks, seals, brands, or labels be identified as having been previously inspected and passed by a Department employee shall be taken into or allowed to enter an establishment at which inspection is maintained. All such carcasses, parts, meats, and meat food products which are brought into one establishment from another, or which are returned to the establishment from which they issued, shall be identified and reinspected at the time of receipt, and shall be subject to further reinspection in such manner and at such times as may be deemed necessary. If upon any such reinspection any carcass or part thereof, or meat or meat food product, is found to have become unsound, unhealthful, unwholesome, or in any way unfit for human food, the original mark, stamp, tag, or label shall be removed or canceled and the carcass, part, meat, or meat food product shall be condemned.

(_a_) Special docks and receiving rooms shall be designated by the establishment for the receipt and inspection of meats or meat food products, and no meats or meat food products shall be allowed to enter the establishment by any other docks or receiving rooms, and only in the presence of a Department employee.

MARKING PASSED CARCASSES OR PARTS.

REGULATION 38.

All carcasses and parts of carcasses found upon inspection to be sound, healthful, wholesome, and fit for human food which leave the establishment where they are prepared for interstate or foreign commerce shall be designated by a mark, stamp, tag, or label bearing the words “U. S. Inspected and Passed,” and no carcass, part of a carcass, or meat food product which has not been so designated shall be admitted to the canning, sausage, or any other department of any establishment where inspection is maintained other than the establishment in which it was prepared, except as provided in Regulation 41.

DYES, CHEMICALS, AND PRESERVATIVES.

REGULATION 39.

(_a_) No meat or meat food product for interstate commerce, or for foreign commerce except as hereinafter provided, shall contain any substance which lessens its wholesomeness, nor any drug, chemical, or dye (unless specifically provided for by a Federal statute), or preservative, other than common salt, sugar, wood smoke, vinegar, pure spices, and, pending further inquiry, saltpeter. Inspection and sampling of prepared meats and meat food products by Department employees shall be conducted in such manner and at such times as may be necessary to secure a rigid enforcement of this regulation.

(_b_) In accordance with the direction of the foreign purchaser or his agent, meats and meat food products prepared for export may contain preservatives in proportions which do not conflict with the laws of the foreign country to which they are to be exported.

When such meats or meat food products are prepared for export under this regulation they shall be prepared in compartments of the establishment separate and apart from those in which meats and meat food products are prepared according to paragraph (_a_) of this regulation, and such products shall be kept separate and shall be labeled with special trade labels, approved by the Secretary of Agriculture, and indicating that such products are for export only. Special export certificates will be issued for meats and meat food products of this character, and, if the products are not exported, under no circumstances shall they be allowed to enter domestic trade.

PREPARATION OF MEATS AND MEAT FOOD PRODUCTS.

REGULATION 40.

All processes used in curing, pickling, preparing, or canning meats and meat food products in establishments where inspection is maintained shall be supervised by Department employees, and no fixtures or appliances, such as tables, trucks, trays, vats, machines, implements, cans, or containers of any kind, shall be used unless they are clean and sanitary, and all steps in the process of manufacture shall be conducted carefully and with strict cleanliness.

(_a_) _Cured Meats._--Only meats which bear the mark “U. S. Inspected and Passed,” or meats in containers which are so marked, and which upon reinspection are found to be sound, healthful, wholesome, and fit for human food, shall be taken into any meat-curing establishment where inspection is maintained. Any meats which upon reinspection are found to have undergone changes which render them unsound, unclean, unhealthful, unwholesome, or otherwise unfit for human food, shall be condemned and be disposed of as provided in Regulation 18.

No drug, chemical, or coloring matter shall be used in any process of curing any meats, except as provided in Regulation 39. All pickling fluids and other solutions or substances used in curing meats must be clean. At the time that cured meats are packed for shipment in interstate or foreign commerce they shall be inspected by a Department employee, and any pieces or portions of such meats which are found to have undergone changes which render them unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, shall be condemned and disposed of as provided in Regulation 18.

(_b_) _Sausages and Chopped Meats._--All meat entering a sausage establishment where inspection is maintained shall be inspected by a Department employee when received. No meats which have not been inspected and passed under these regulations at the time of slaughter, or which, having been so inspected and passed, are found upon reinspection by a Department employee to have undergone changes which render them unsound, unclean, unhealthful, unwholesome, or otherwise unfit for human food, shall be employed in the preparation of sausages, chopped meats, or similar meat food products. Meats or meat food products which are found to have undergone these changes shall be condemned and disposed of as provided in Regulation 18. All meat trimmings for sausage shall be carefully inspected and assorted under the supervision of employees of the Department. No drug, chemical, preservative, or coloring matter shall be placed in or upon sausages or chopped meats for interstate or foreign commerce, except as provided in Regulation 39. The curing of sausages or chopped meats or similar meat food products shall be carried out in the manner prescribed for other meats in section (_a_) of this regulation.

(_c_) _Canned Products._--All meats or meat food products entering a canning establishment shall be inspected by a Department employee when received. No meat which has not been inspected and passed at the time of slaughter under these regulations, or which, having been inspected and passed, is reinspected by a Department employee and found to have undergone changes which render it unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, shall be allowed to enter into the preparation of canned meats or canned meat food products. No drug, chemical, or coloring matter shall be used in canned meats or meat food products for interstate or foreign commerce, except as provided in Regulation 39.

If at any time during the handling of any meat or meat food product, or at any time after the packing or canning of any such product, any portion or package shall be found to be unwholesome, unhealthful, or otherwise unfit for human food, such portions or packages shall be condemned and disposed of in the manner prescribed in Regulation 18.

No meat food product which has passed through the various processes of canning shall be removed from the container and recooked, resterilized, or repacked, except under the supervision and with the approval of a Department employee.

REGULATION 41.

_Rendering of Lard and Tallow._--The rendering of all fats into lard, tallow, oils, and stearin at establishments where inspection is maintained shall be closely supervised by employees of the Department. All portions of carcasses rendered into lard and tallow must be clean and wholesome. Tanks and vats used for rendering condemned carcasses and refuse products must not be connected in any manner with tanks, vats, or other receptacles used for lard or other edible products. Unmelted fat which is not marked or stamped “U. S. Inspected and Passed” and which upon inspection is found to be sweet, clean, and of healthful appearance may be received, inspected, and rendered at a temperature not lower than 170° F. for one hour.

STAMPS, STAMPING, AND CERTIFICATES.

STAMPS.

REGULATION 42.

Numbered meat-inspection stamps shall be affixed to packages containing meats or meat food products to be shipped or otherwise transported in interstate or foreign trade. No reference to United States inspection other than that contained on the meat-inspection stamp shall appear on any such package.

REGULATION 43.

_Protection for Stamps._--Stamps shall be affixed in the following manner, and when they have been affixed they shall be covered immediately with a coating of transparent varnish or other similar substance.

(_a_) The stamp may be affixed in a grooved space, made by removing a portion of the wood, of sufficient size to admit the stamp.

(_b_) The stamp may be placed on either end of the package, provided that the sides are made to project at least one-eighth of an inch to afford the necessary protection from abrasion.

REGULATION 44.

_Destruction of Used Stamps._--Whenever any package of meats or meat food products bearing the meat-inspection stamp shall have been opened and its contents removed for sale the stamp on said package shall be immediately defaced and destroyed.

CERTIFICATES FOR EXPORTS.

REGULATION 45.

The inspector in charge of an establishment shall issue certificates of inspection for all carcasses of cattle, sheep, swine, and goats, and the meats or meat food products thereof, which are to be exported to foreign countries. Each certificate shall cite the name of the shipper, the name of the consignee, the destination, the establishment number or numbers on the labels, the numbers of the stamps attached to the article to be exported, and the shipping marks. These certificates shall be issued in serial numbers and in triplicate form. Only one certificate shall be issued for each consignment unless otherwise directed by the Chief of the Bureau of Animal Industry.

Both the original and duplicate certificates shall be delivered to the exporter. The original is to be attached to the bill of lading accompanying the shipment for the information of the customs authorities, and shall be delivered to the chief officer of the vessel upon which said consignment is to be transported, and continue with the shipment to destination. The duplicate shall be forwarded by the consigner to the consignee, to be used by the latter in identifying the shipment at the point of destination by comparison with the original.

COUNTERFEITING, ETC.

REGULATION 46.

It is a misdemeanor, punishable by fine and imprisonment, for any person, firm, or corporation, or officer, agent, or employee thereof, to forge, counterfeit, simulate, or falsely represent, or without proper authority to use, fail to use, or detach, or knowingly or wrongfully to alter, deface, or destroy, or to fail to deface or destroy, any of the marks, stamps, tags, labels, or other identification devices provided for by law or by these regulations, on any carcasses, parts of carcasses, or the food product, or the containers thereof, or wrongfully to use, deface, or destroy any certificate provided for by law or these regulations.

REPORTS.

REGULATION 47.

Reports of the work of inspection carried on in every establishment shall be daily forwarded to the Department by the inspector in charge, on such blank forms and in such manner as may be specified by the Chief of the Bureau of Animal Industry. The proprietors of establishments at which inspection is maintained shall furnish daily to the Department employees detailed to the various departments accurate information regarding receipts, shipments, and amounts of products on which to base their daily reports.

Weekly reports on sanitation shall be made by the Department employees in charge of the various departments to the inspector in charge of the station, and by the inspector in charge to the Chief of the Bureau of Animal Industry. If any insanitary conditions are detected by any Department employee such conditions shall be reported immediately to the inspector in charge, who, after investigation, shall report them to the Chief of the Bureau.

APPEALS.

REGULATION 48.

When the action of any inspector in condemning any carcass or part thereof, meat, or meat food product is questioned, appeal may be made to the inspector in charge, and from his decision appeal may be made to the Chief of the Bureau of Animal Industry or to the Secretary of Agriculture, whose decision shall be final.

COÖPERATION WITH MUNICIPAL AUTHORITIES.

REGULATION 49.

All inspectors in charge are directed to notify the municipal authorities of the character of inspection, and to coöperate with such authorities in preventing the entry of condemned animals, or their products, into the local markets.

The details of any such proposed coöperative arrangement must be first submitted to and approved by the Chief of the Bureau of Animal Industry.

LAW UNDER WHICH THE FOREGOING REGULATIONS ARE MADE.

Extract from an act of Congress entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and seven,” Public, No. 382, approved June 30, 1906.

THE MEAT-INSPECTION AMENDMENT.

That for the purpose of preventing the use in interstate or foreign commerce, as hereinafter provided, of meat and meat food products, which are unsound, unhealthful, unwholesome, or otherwise unfit for human food, the Secretary of Agriculture, at his discretion, may cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, and goats before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used in interstate or foreign commerce; and all cattle, swine, sheep, and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, or goats, and when so slaughtered the carcasses of said cattle, sheep, swine, or goats shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary of Agriculture as herein provided for.

That for the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats to be prepared for human consumption at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in any State, Territory, or the District of Columbia for transportation or sale as articles of interstate or foreign commerce; and the carcasses and parts thereof of all such animals found to be sound, healthful, wholesome, and fit for human food shall be marked, stamped, tagged, or labeled as “Inspected and Passed”; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned,” all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become unsound, unhealthful, unwholesome, or in any way unfit for human food, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.

The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, and goats, or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products which, after having been issued from any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.

That for the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared for interstate or foreign commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as “Inspected and Passed” all such products found to be sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned” all such products found unsound, unhealthful, and unwholesome, or which contain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy such condemned meat food products: _Provided_, That, subject to the rules and regulations of the Secretary of Agriculture, the provisions hereof in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of all the other provisions of this act.

That when any meat or meat food product prepared for interstate or foreign commerce which has been inspected as hereinbefore provided and marked “Inspected and Passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been “Inspected and Passed” under the provisions of this act; and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector, and no such meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive and which shall be approved by the Secretary of Agriculture are permitted.

The Secretary of Agriculture shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, and goats are slaughtered and the meat and meat food products thereof are prepared for interstate or foreign commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as “Inspected and Passed.”

That the Secretary of Agriculture shall cause an examination and inspection of all cattle, sheep, swine, and goats, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of interstate or foreign commerce to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, swine, and goats, or the preparation of said food products is conducted during the nighttime.

That on and after October first, nineteen hundred and six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as “Inspected and Passed,” in accordance with the terms of this act and with the rules and regulations prescribed by the Secretary of Agriculture: _Provided_, That all meat and meat food products on hand on October first, nineteen hundred and six, at establishments where inspection has not been maintained, or which have been inspected under existing law, shall be examined and labeled under such rules and regulations as the Secretary of Agriculture shall prescribe, and then shall be allowed to be sold in interstate or foreign commerce.

That no person, firm, or corporation, or officer, agent, or employee thereof, shall forge, counterfeit, simulate, or falsely represent, or shall without proper authority use, fail to use, or detach, or shall knowingly or wrongfully alter, deface, or destroy, or fail to deface or destroy, any of the marks, stamps, tags, labels, or other identification devices provided for in this act, or in and as directed by the rules and regulations prescribed hereunder by the Secretary of Agriculture, on any carcasses, parts of carcasses, or the food product, or containers thereof, subject to the provisions of this act, or any certificate in relation thereto, authorized or required by this act or by the said rules and regulations of the Secretary of Agriculture.

That the Secretary of Agriculture shall cause to be made a careful inspection of all cattle, sheep, swine, and goats intended and offered for export to foreign countries at such times and places, and in such manner as he may deem proper, to ascertain whether such cattle, sheep, swine, and goats are free from disease.

And for this purpose he may appoint inspectors who shall be authorized to give an official certificate clearly stating the condition in which such cattle, sheep, swine, and goats are found.

And no clearance shall be given to any vessel having on board cattle, sheep, swine, or goats for export to a foreign country until the owner or shipper of such cattle, sheep, swine, or goats has a certificate from the inspector herein authorized to be appointed, stating that the said cattle, sheep, swine, or goats, are sound and healthy or unless the Secretary of Agriculture shall have waived the requirement of such certificate for export to the particular country to which such cattle, sheep, swine, or goats are to be exported.

That the Secretary of Agriculture shall also cause to be made a careful inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended and offered for export to any foreign country, at such times and places and in such manner as he may deem proper.

And for this purpose he may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, or goats, and the meat thereof, are found.

And no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef, mutton, pork, or goat meat, being the meat of animals killed after the passage of this act, or except as hereinbefore provided for export to and sale in a foreign country from any port in the United States, until the owner or shipper thereof shall obtain from an inspector appointed under the provisions of this act a certificate that the said cattle, sheep, swine, and goats were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary of Agriculture shall have waived the requirements of such certificate for the country to which said cattle, sheep, swine, and goats or meats are to be exported.

That the inspectors provided for herein shall be authorized to give official certificates of the sound and wholesome condition of the cattle, sheep, swine, and goats, their carcasses and products as herein described, and one copy of every certificate granted under the provisions of this act shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the cattle, sheep, swine, and goats or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made.

That no person, firm, or corporation engaged in the interstate commerce of meat or meat food products shall transport or offer for transportation, sell, or offer to sell any such meat or meat food products in any State or Territory or in the District of Columbia or any place under the jurisdiction of the United States, other than in the State or Territory or in the District of Columbia or any place under the jurisdiction of the United States in which the slaughtering, packing, canning, rendering, or other similar establishment owned, leased, operated by said firm, person, or corporation is located unless and until said person, firm, or corporation shall have complied with all of the provisions of this act.

That any person, firm, or corporation, or any officer or agent of any such person, firm, or corporation, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished on conviction thereof by a fine of not exceeding ten thousand dollars or imprisonment for a period not more than two years, or by both such fine and imprisonment, in the discretion of the court.

That the Secretary of Agriculture shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, and goats, the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, hereinbefore provided for; and shall perform such other duties as are provided by this act and by the rules and regulations to be prescribed by said Secretary of Agriculture; and said Secretary of Agriculture shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this act, and all inspections and examinations made under this act shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary of Agriculture not inconsistent with the provisions of this act.

That any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly, or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by this act or by the rules and regulations of the Secretary of Agriculture any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty herein provided for, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties prescribed by this act who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce, any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony, and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than one thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years.

That the provisions of this act requiring inspection to be made by the Secretary of Agriculture shall not apply to animals slaughtered by any farmer on the farm and sold and transported as interstate or foreign commerce, nor to retail butchers and retail dealers in meat and meat food products, supplying their customers: _Provided_, That if any person shall sell or offer for sale or transportation for interstate or foreign commerce any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a period of not exceeding one year, or by both such fine and imprisonment: _Provided, also_, That the Secretary of Agriculture is authorized to maintain the inspection in this act provided for at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment notwithstanding this exception, and that the persons operating the same may be retail butchers and retail dealers or farmers; and where the Secretary of Agriculture shall establish such inspection then the provisions of this act shall apply notwithstanding this exception.

That there is permanently appropriated, out of any money in the Treasury not otherwise appropriated, the sum of three million dollars, for the expenses of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions of this act relating to meat inspection, including rent and the employment of labor in Washington and elsewhere, for each year. And the Secretary of Agriculture shall, in his annual estimates made to Congress, submit a statement in detail, showing the number of persons employed in such inspections and the salary or per diem paid to each, together with the contingent expenses of such inspectors and where they have been and are employed.

APPENDIX D.

F. I. D. 1-25.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 1-25.

INTRODUCTION.

For the information of importers and exporters of food products and of the public it is advisable to publish more widely than would be possible by decisions given to individuals or firms the opinions of this Department rendered by the Secretary under the existing law relating to the examination of food products before shipment to foreign countries and to the examination of food products imported into this country. The following digest shows the principal decisions rendered to date covering these points, together with circulars and other printed matter relating thereto. It is proposed hereafter to issue at convenient intervals similar decisions and opinions which may be rendered.

H. W. WILEY, _Chief, Bureau of Chemistry_.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _June 1, 1905_.

(F. I. D. 1.)

LAWS UNDER WHICH THE FOOD INSPECTION IS CONDUCTED.

To investigate the adulteration of foods, condiments, beverages, and drugs, when deemed by the Secretary of Agriculture advisable, and to publish the results of such investigations when thought advisable, and also the effect of cold storage upon the healthfulness of foods; to enable the Secretary of Agriculture to investigate the character of food preservatives, coloring matters, and other substances added to foods, to determine their relation to digestion and to health, and to establish the principles which should guide their use; to enable the Secretary of Agriculture to investigate the character of the chemical and physical tests which are applied to American food products in foreign countries, and to inspect before shipment, when desired by the shippers or owners of these food products, American food products intended for countries where chemical and physical tests are required before said food products are allowed to be sold in the countries mentioned, and for all necessary expenses connected with such inspection and studies of methods of analysis in foreign countries; to enable the Secretary of Agriculture, in collaboration with the Association of Official Agricultural Chemists, and such other experts as he may deem necessary, to establish standards of purity for food products and to determine what are regarded as adulterations therein; to investigate, in collaboration with the Bureau of Animal Industry, the chemistry of dairy products and of adulterants used therein, and of the adulterated products; to determine the composition of process, renovated, or adulterated and other treated butters, and other chemical studies relating to dairy products, and to make all analyses of samples required for the execution of the law regulating the manufacture of process, renovated, or adulterated butters....

To investigate the adulteration, false labeling, or false branding of foods, drugs, beverages, condiments, and ingredients of such articles, when deemed by the Secretary of Agriculture advisable, and report the result in the bulletins of the Department; and the Secretary of Agriculture, whenever he has reason to believe that such articles are being imported from foreign countries which are dangerous to the health of the people of the United States, or which shall be falsely labeled or branded either as to their contents or as to the place of their manufacture or production, shall make a request upon the Secretary of the Treasury for samples from original packages of such articles for inspection and analysis, and the Secretary of the Treasury is hereby authorized to open such original packages and deliver specimens to the Secretary of Agriculture for the purpose mentioned, giving notice to the owner or consignee of such articles, who may be present and have the right to introduce testimony; and the Secretary of the Treasury shall refuse delivery to the consignee of any such goods which the Secretary of Agriculture reports to him to have been inspected and analyzed and found to be dangerous to health or falsely labeled or branded either as to their contents or as to the place of their manufacture or production, or which are forbidden entry or to be sold, or are restricted in sale in the countries in which they are made or from which they are exported.... (_Sections of appropriations act of March 3, 1905._)

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That no person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.

SEC. 2. That if any person or persons violate the provisions of this act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that the jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (_Act of July 1, 1902._)

(F. I. D. 2.)

OPINIONS OF THE ATTORNEY-GENERAL RELATING TO THE SCOPE AND MEANING OF THE ACT OF JULY 1, 1902 (32 STAT., 632), REGULATING THE BRANDING OF DAIRY AND FOOD PRODUCTS FOR INTERSTATE COMMERCE.[48]

[48] Published as an unnumbered circular, Office of the Secretary.

_August 1, 1903._

In order that a correct understanding might be had as to the scope of the law relating to the branding of dairy and food products, the opinion of the Attorney-General was asked concerning certain features of that act. Samples of labels which were used in commercial operations were submitted, with the request that an opinion be given as to whether or not they conformed to the provisions of the law. Two separate opinions were asked of the Attorney-General in regard to this law.

First, in the case of a firm, ---- ----, established in one State and dealing in goods which were grown and manufactured in another State, the labels, however, bearing the name and address of the firm in its central place of business, the direct question asked was:

Is not the label as it stands a distinct statement that the product bearing it is manufactured and prepared in (address of the firm given)?

One particular object of the law appears to be to prevent the utilization of the name of localities which have become noted for the production of a certain food product in connection with other food products of a similar nature made elsewhere.

The second point on which the opinion of the Attorney-General was asked was as follows:

The question which I desire to propose to you now is, whether, under the provisions of the two acts referred to (Public--No. 158, approved March 3, 1903, regulating the importation of goods, and the act first mentioned above) it will be possible to prevent the misbranding of foreign products. In other words, would the provisions of Public--No. 223, referred to first above, apply to any foreign product entering into interstate commerce, or do they apply only to articles of food of domestic manufacture?

From correspondence conducted with large manufacturing firms, it is evident that they desire at once to conform to the provisions of these laws if they can only be distinctly made known. To this end I have deemed it advisable to publish the decisions of the Attorney-General on these questions, omitting merely the names of the firms specifically referred to, for the information of manufacturers, dealers, and consumers.

JAMES WILSON, _Secretary of Agriculture_.

DEPARTMENT OF JUSTICE, _Washington, D. C., June 22, 1903_.

THE SECRETARY OF AGRICULTURE.

SIR: I beg to acknowledge the receipt of your letter of the 11th instant, inclosing one addressed to you by the ---- ---- Company, of Milwaukee, Wis., together with two samples of labels which they have submitted for your approval, and in which you say:

These labels do not seem to fall within either class on which you passed your opinion of September 20. The goods described by these labels purport to be in every respect goods manufactured by the ---- ---- Company. They say in their letter, however, that they purchase all their goods in Iowa.

The question which I desire to propound particularly in this respect is the following: Is not the label of ---- ----, as it stands, a distinct statement that the product bearing it is manufactured and prepared in Wisconsin?

One of the labels considered in the opinion of September 20 (24 Opin., 125) read: “Packed for ---- ---- Company (Limited), wholesale grocers, Shreveport, La.” The other omitted the words “Packed for” and “Wholesale grocers,” and was in these words: “The ---- Brand Lima Beans, ---- ---- Company (Limited), Shreveport, La.” They were held not to come within the act of July 1, 1902, c. 1357 (32 Stat., 632), regulating this subject.

The labels now submitted (which are to be used on canned goods) are substantially alike in form and character. One bears the words “---- ---- Daisy Sugar Corn, ---- ---- Company, Milwaukee, Wis.” In the other, “Tip Top” takes the place of the word “Daisy.”

Section 1 of the act of July 1, 1902, provides--

That no person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.

Section 2 makes a violation of the act a misdemeanor, punishable by a fine of not less than $500 or more than $2,000.

In the opinion of September 20, after stating that the mere omission of the place of manufacture can not be said to constitute a violation of the law and that the name of the wholesale dealer on the label or brand is not necessarily a representation that he is the producer or manufacturer of the goods, it was observed: “Of course, if goods are manufactured or produced in one State, and the wholesale dealer is a resident of another, and the label or brand is so worded as to represent the dealer as the producer, there would be a violation of the law if such commodities were introduced into one state from another.”

The ---- ---- Company, it is stated, purchases all their goods in Iowa. But the words “---- Daisy Sugar Corn, ---- ---- Company, Milwaukee, Wis.,” clearly imply that the goods referred to are manufactured or prepared by that company in Wisconsin. The general public, unfamiliar with trade practices, would inevitably reach that conclusion. It seems to me, therefore, that these labels come within the statute as above construed. To hold otherwise would be to say that nothing short of direct and positive misrepresentation is inhibited. But that is more than the rule as to the strict construction of penal statutes can be said to require. The act in question aims to prevent the false labeling or branding of food and dairy products entering into interstate commerce. It does not, however, undertake to say what shall be held to constitute a false label or brand. Each case must therefore rest upon its own particular facts. But wherever the natural inference to be drawn from the form or words of a brand or label is contrary to the fact as to the State or Territory in which the articles referred to are made, produced, or grown, the case would seem to be within both the letter and the spirit of the law.

The papers inclosed are herewith returned as requested.

Respectfully, P. C. KNOX, _Attorney-General_.

DEPARTMENT OF JUSTICE, _Washington, D. C., June 18, 1903_.

The Honorable the SECRETARY OF AGRICULTURE.

SIR: In your note of June 2, 1903, you transmit to me an excerpt from the appropriation act of March 3, 1903 (32 Stat., 1157, 1158), authorizing the Secretary of Agriculture to investigate the adulteration of foods, drugs, and liquors, and forbidding the Secretary of the Treasury to deliver to the consignee any such goods imported from a foreign country which the Secretary of Agriculture has “reported to him to have been inspected and analyzed and found to be dangerous to health, or which are forbidden to be sold or restricted in sale in the countries in which they are made or from which they are imported, or which shall be falsely labeled in any respect in regard to the place of manufacture or the contents of the package,” and a copy of the act of July 1, 1902 (32 Stat., 632), in regard to the introduction into any State or Territory or the District of Columbia of any dairy or food products which shall have been falsely labeled or branded as to the State or Territory in which they are made, produced, or grown; and you ask my opinion, in substance, whether, under the provisions referred to, you have jurisdiction or power to prevent the false labeling or branding of such articles imported from foreign countries after they have passed the custom-house and are delivered to the consignees; and whether the act last referred to above applies to such articles imported from foreign countries, or applies only to articles of domestic production.

In reply to your question, I have the honor to say that, under the provisions of the act of March 3, 1903, to which you refer, the jurisdiction and power of your Department, and that of the Treasury Department, in respect of the matter here considered, end with the delivery of the imported article from the custom-house to the owner or consignee, and this provision of the act confers no power to prevent or punish the false labeling or branding of such imported articles after such delivery to the owner or consignee. The whole power there conferred in this respect is to examine such imported articles before such delivery, and to refuse delivery if found to come within the ban of the act. Whatever power there may be to prevent or punish the false labeling or branding of such imported goods after such delivery must be looked for elsewhere.

If the evils of false labeling of such imported articles have reached a magnitude requiring Congressional legislation, it would seem almost, or quite, as important to prevent such false labeling after the articles have passed the custom-house as before; and it would seem that Congress, while having the matter directly in hand, has omitted what would have been very appropriate legislation. But this omission cannot be supplied by those called upon to interpret or administer the law.

But I think the act of July 1, 1902, may be resorted to for partial relief from the evil to which you refer. The first section provides:

That no person ... shall introduce into any State or Territory of the United States or the District of Columbia, from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory, any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.

The second section provides the penalty for violation of the act.

The prohibition is of the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, and the sale in said District or any Territory, of dairy or food products which are “falsely branded or labeled as to the State or Territory in which they are made, produced, or grown.”

It is important to notice that the prohibition extends to falsely labeled articles introduced or brought from another State or Territory, and is not confined to articles which are made, produced, or grown in some other State or Territory of the United States. If dairy or food products which are falsely labeled or branded as to the State or Territory of their origin are introduced or brought into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia, or are sold in any Territory or said District, this is clearly within the prohibition of the act, no matter whether such articles were of domestic or foreign origin. I repeat the section does not confine or purport to confine its prohibition to the introduction of falsely labeled articles made, grown, or produced in this country, but extends it to all such articles introduced from another State or Territory which are falsely labeled “as to the State or Territory in which they are made, produced, or grown.”

But, as I have stated above, the act can give only partial relief. For it is plain from the context that the words “State or Territory” refer to a State or Territory of the United States, and can not be extended to include the wider signification of foreign country. Thus, if articles of foreign origin are imported into New York, for example, and thence introduced into another State or Territory with a label or brand falsely stating their origin as to another foreign country, the case would not fall within the provisions of the statute. On the other hand, it is certain that if foreign articles imported into New York are introduced into another State or Territory with a label or brand showing them to be of New York make or growth, such articles would be “falsely labeled or branded as to the State or Territory in which they are made, produced, or grown,” and such introduction would be within both the letter and the spirit and purpose of the act.

In this respect Congress can interfere only with interstate trade. It can prevent the use of false labels of dairy or food products only when they become objects of commerce between different States or Territories. Hence, the prohibition is confined to articles introduced from one State or Territory into another. But this does not imply, nor is there anything to imply, that the prohibition is confined also to articles made, produced, or grown in the State or Territory from which they are introduced, or to articles of domestic origin. It is the use of false labels on dairy and food products in interstate commerce which is prohibited. And if it is interstate commerce, it is quite unimportant whether the articles falsely labeled were of domestic or foreign origin. If an imported article of foreign origin is labeled as of domestic origin, the article is “falsely labeled or branded as to the State or Territory in which it is made, produced, or grown;” and if such article, thus falsely labeled, is introduced from one State or Territory into another or the District of Columbia, it is a violation of the act. Nor does it make any difference in this respect whether the false label or brand be placed on the article before or after leaving the custom-house in a case of foreign importation.

If it were required, a familiar rule of construction might be invoked in support of this interpretation. Statutes should be construed in aid of their manifest purpose and object. And when it is considered that the sole purpose of this act is to prevent the use of false labels or brands of dairy or food products, when articles of interstate commerce, it is manifest that a construction which limits the prohibition to domestic articles would defeat rather than aid the purpose of the act. Indeed, the greater and more prevalent evil in this respect is not in falsely stating a particular State or Territory as the origin of a domestic article, but is the labeling of a foreign article as the product of some particular State or Territory, or vice versâ. This is the more serious and prevalent evil, and in my opinion is as certainly forbidden by the act referred to as is the labeling of an article of one State or Territory as being the product of another.

I am, therefore, of opinion that the act of July 1, 1902, applies not only to domestic articles, but also to those imported from foreign countries which are labeled as being of domestic origin.

Respectfully, P. C. KNOX, _Attorney-General_.

(F. I. D. 3.)

NOTICE TO EXPORTERS OF WINES.

A RECENT LAW PASSED BY THE ARGENTINE REPUBLIC.

_November, 1904._

The Argentine Republic has passed a new law relating to wines, and especially covering the conditions under which wines are to be imported into that country from foreign countries. There are many provisions of the law which should be known to the producers and exporters of wines from the United States. The full text of the new law of the Argentine Republic is given below:

ARTICLE 1. Only those wines obtained by the fermentation of fresh grapes, or simply _estacionado_, will be considered as natural wines in the Argentine Republic.

ARTICLE 2. For the purpose of the present law and of its penal dispositions the following will not be considered as natural wines:

1. Those manufactured with dried grapes.

2. Those manufactured with the cluster (bunch).

3. Those to which there shall have been added substances which, though natural in natural wines, alter the composition of them or modify the equilibrium of the substances composing a natural wine.

4. Red wines containing more than 3.5 percent or less than 2.4 percent of dry extract, the reducing sugar having been deducted. The executive is empowered to authorize a lower limit to the minimum below for bottled or dessert wines.

5. White wines containing less than 1.7 percent of dry extract, the reducing sugar having been deducted, with the exception of fine wines in bottles.

6. Mixtures of wines enumerated in the five preceding paragraphs with natural wines.

ARTICLE 3. The following will be considered as lawful œnological practices:

For musts: The addition of saccharose (sugar), of concentrated must, of citric, malic, tartaric, and sulfurous acids, pure and neutralized by pure potassium and calcium carbonates.

For wines: The addition of citric, tartaric, malic, tannic, and carbonic acids, of potassium and calcium carbonate, of neutral potassium tartrate, of sulfites of sodium and calcium, and of pure sulfurous anhydrids.

Pure kaolin and pure albumens and gelatins may be employed in the clarification of wines.

ARTICLE 4. It is absolutely forbidden to add to the wine or to sell as such--

1. Liquids containing foreign coloring matters, glucose from starch, mineral acids, saccharin and other artificial edulcorant matters, _abrastol_, salicylic acid and others analogous thereto, salts of aluminum, strontium, barium, lead, and, in general, all bodies not normally existing in the musts of grapes.

2. Wines containing more than 2 grams of sulfate per liter. A larger proportion will not be tolerated except for dessert wines.

3. Wines containing more than 0.2 percent of sodium chlorid.

4. Wines containing per liter more than 200 milligrams of sulfurous acid and 20 milligrams of free sulfurous anhydrid.

5. Damaged wines or wines altered in consequence of disease may not be sold nor made the object of commerce. These liquids shall be distilled under supervision of agents of the Treasury or of the national chemical laboratories, and only the alcohols resulting from their distillation may be utilized.

ARTICLE 5. The executive is empowered to augment or modify the authorized œnological corrections in conformity with the progress of science and the local conditions. He is empowered to add, likewise, to those specified in the present law other substances recognized as injurious by their quantity or quality.

ARTICLE 6. The following treatments followed in the preparation of fine wines are considered legal:

1. The mixture of several natural wines produced from different classes of grapes or from different harvests.

2. Limited alcoholization in order to insure the preservation of wine.

3. The addition of concentrated must and of pure alcohol in order to obtain special dessert wines.

4. The addition of saccharose (sugar), of alcohol, of aromatic and bitter substances, in order to obtain wines whose composition is similar to vermouth or medicinal wines.

5. The addition of anhydrous carbonic acid and sugar for the preparation of sparkling wines. The alcoholization authorized by the present law is for the purpose of insuring the preservation of wine. The alcohol employed for this purpose and all other products, the usage of which is authorized, must be chemically pure.

ARTICLE 7. The beverages enumerated in article 2 and all other similar beverages shall bear the name of “artificial beverages,” whatever be their nature or process of manufacture, with the exception of sparkling wines, vermouth, medicinal wines, and cider.

ARTICLE 8. In case natural wines should contain a proportion of dry extract inferior or superior to that indicated in paragraphs 4 and 5 of article 2, the source of this extract will be determined in so far as it concerns the wine of the country by the analysis of grapes serving for the manufacture of this wine, and in so far as it concerns foreign wines by information based on official analytical data and of origin.

. . . . . . . . . . .

ARTICLE 10. Beverages which do not comply with the conditions determined by article 1 may not be imported, circulated, or offered for sale as natural wines, and must bear upon a part visible to the recipient the indication of the classification to which they correspond according to article 7 above.

ARTICLE 11. Foreign wines which shall be imported into the territory of Argentine for consumption must be sold in the original casks showing their origin, or put in bottles under the supervision of Government agents and accompanied by certificates of analysis from the country where they have been made. Imported wines containing more than 3.5 percent of dry extract free from reducing sugar shall be sold under the supervision of Government agents.

ARTICLE 12. Foreign wines shall be subjected to chemical analysis upon their entrance into the country; native wines shall be subjected to the same treatment before being delivered for consumption. This analysis will be made in the national laboratories established or to be established in Buenos Ayres, Rosario, Mendoza, San Juan, Entre Rios, Cordoba, Catamarca, Salta, and Tucuman, and in other localities where the Government may decide to establish them.

. . . . . . . . . . .

ARTICLE 14. The infractions of the provisions of article 10 of the law shall be punishable by the confiscation of the merchandise with or without a penalty of 50 centavos per liter or of a month’s imprisonment of the offenders for each 1,000 liters of liquid or fraction thereof.

ARTICLE 15. The infractions of the provisions of article 4 shall be punished by the destruction of the wines and a fine of 30 paper centavos per liter, or five days’ imprisonment for each 1,000 liters of liquid or fraction thereof.

. . . . . . . . . . .

ARTICLE 19. The rules and proceedings established by law No. 3884 will remain in force. From January 1, 1905, foreign wines containing more than 3.5 percent dry extract, free of reducing sugar, shall be subjected to the provisions of the tariff.

Attention is particularly called to the character of the wines which will be admitted and the fact that such wines should be accompanied by an official certificate of composition and also of origin. Under the authority of Congress the Secretary of Agriculture is authorized to furnish analyses and certificates of food products intended for export to foreign countries (F. I. D. No. 1).

Under this law exporters who desire analyses of their products to show that they are in conformity with the laws of the country to which they are exported may apply to the Bureau of Chemistry of the Department of Agriculture for such an investigation. The analysis blanks for making the application, instructions for taking the samples, and form of affidavit to accompany the samples will be furnished intending exporters on application. In this connection attention is called to the fact that often American food products are rejected at foreign ports, and as a result thereof complaint is made to the State Department and samples of the rejected foods are furnished for analysis. The Department of Agriculture always complies with the requests of the State Department for assistance in adjusting difficulties of this kind. It is evident, however, that all such difficulties would be avoided by shippers taking advantage of the provision of the law quoted above, to secure the proper certification of their products before shipment.

(F. I. D. 4.)

SUGGESTIONS TO IMPORTERS OF FOOD PRODUCTS.[49]

[49] Circular No. 18, Bureau of Chemistry, U. S. Dept. Agr.

_August 6, 1904._

In order to facilitate the execution of this law [F. I. D. No. 1] and to avoid any unnecessary delay in the inspection of products on arrival, the attention of importers is called to the following suggestions:

1. The inspection of food products includes foods, beverages, and condiments, and ingredients of such articles.

2. The inspection, under the language of the law, relates to the following points:

(_a_) To ascertain if the imported products be injurious to health.

(_b_) If they be falsely branded or labeled in regard to the contents of the packages.

(_c_) If they be falsely branded or labeled as to the place of manufacture or production.

(_d_) If they be forbidden entry to or be restricted in sale in the country in which they are made or from which they are exported.

3. A food product, in the absence of contrary judicial interpretation, will be deemed by the Department of Agriculture to be adulterated--

(_a_) If any valuable ingredient naturally present therein has been extracted.

(_b_) If a less valuable ingredient has been substituted therefor.

(_c_) If it be colored, powdered, or polished, with intent to deceive, or to make the article appear of a better quality than it really is.

(_d_) If it be a substitute for or imitation of a genuine article and offered under the name of that article.

4. Products will be deemed injurious to health in the absence of contrary judicial determination--

(_a_) If any substance, with the exception of the long-used, well-known condimental substances, viz., common salt, spices, sugar (sucrose or saccharose), wood smoke, and vinegar be added thereto for preserving, coloring, or other purposes, which is injurious to health, either as determined by actual experimental evidence or in the predominating opinion of health officers, hygienists, and physiological chemists.

(_b_) If the products be decomposed, filthy, decayed, or in any unfit condition for human consumption.

5. Products will be considered by the Department as misbranded in the absence of contrary judicial determination--

(_a_) If any false name or property be assigned thereto in the label, directly or by implication.

(_b_) If any false statement be contained in the label relating to the place of manufacture or production of the contents of the package, directly or by implication.

(_c_) If they be not of the nature, substance, and quality commonly associated with the name under which they are sold or offered for sale.

6. Food products will also be excluded from entry into the United States if they be of a character or kind forbidden entry in the country where they are manufactured or from which they are exported.

7. Food products will also be excluded from the United States if they are forbidden to be sold or be restricted in sale in the countries in which they are manufactured or from which they are exported.

ILLUSTRATIONS.

Until further notice, or until the matter shall have been determined by judicial decisions, or until the permanent standards for the products mentioned have been established by proclamation, the Department submits the following illustrations for the guidance of importers, as an index to the action of the Department in cases where the product hereinafter mentioned, and like products, are offered for import:

1. _Wine bearing a classed name_, that is, brands of wine of high grade, recognized by law and by commercial usage, must be true to name; for instance, a wine bearing the name Chateau Larose must be wine coming from the vineyard covered by that appellation and no other. Importers should be ready to furnish certificates, when asked for, of conformity of the wine to the label used. Stretched wine, that is, wine containing a part of the original wine, or a similar wine from a different vineyard, should not be labeled with the name of a true, classed wine.

2. _Wine containing sulfurous acid_ in amount greater than that first mentioned below, added as a preservative or for other purposes, should carry upon the label “Preserved with sulfurous acid,” and the declaration accompanying it should state approximately the quantity of sulfurous acid present. The admission of wines containing not more than 200 milligrams of sulfurous acid per liter, added in the usual cellar treatment, of which not more than 20 milligrams shall be free acid, is permissible without notification. Wines containing more than 350 milligrams per liter of sulfurous acid should not be offered for importation under any conditions.

3. _Sugar wines_ are wines which are made partly by the addition of sugar to the must or otherwise previous to fermentation, and should bear upon the label “Sugar wines,” or some similar legend, and the quantity of sugar employed in their manufacture should be stated in the declaration before the consul.

4. _Mixed wines_, that is, blended wines, should not bear the name of the vineyard from which a part of the mixture is made unless the label plainly indicates that it is a blend or mixture with other wines. If wine from any other country than that where the mixture is made, or from which it is exported, be employed, a statement to that effect should be found upon the label and in the declaration. Wines, sulfured wines, sugar wines, and mixed wines should not contain over 14 percent, by volume, of alcohol.

5. _Fortified wines_, that is, wines to which additional alcohol has been added, under the law of the United States regulating fortification of wines, should contain no added alcohol except that derived from the distillation of wine, and the brandy so used should be properly aged in oak casks in order to be free from injurious compounds such as fusel oils, etc. Raw brandy made from the lees, pomace, and refuse of the winery, and containing excessive quantities of fusel oil and other injurious ingredients, should not be used in the fortification of wines imported into the United States. Importers are requested to secure such information from their agents abroad as may enable them to certify to the character of the brandy used for fortification when any doubt exists.

6. _Brandy_ (potable brandy) is the distillate from wine, properly aged by storage in wood to eliminate the greater part of the fusel oils, etc., which may be present. Brandy should contain not less than 45 nor more than 55 percent, by volume, of alcohol and not more than 0.25 percent of total solids (extract). The content of fusel oils should not exceed 0.25 percent. Brandy should not be mixed with alcohol from any other source than that of distilled wine. The distillate from the lees, pomace, and refuse of the winery, is not entitled to bear the term “brandy” in the potable sense. “Cognac” is only admitted as a name in the case of brandies made in Cognac from wines grown and manufactured there. No artificial color other than that derived from the wood in which they are aged is admitted in brandies.

7. _Whisky_ is the distilled product of fermented cereal grains, properly aged in wood in order to remove the greater part of the fusel oils, etc., produced during the distillation. Whisky should not contain less than 45 nor more than 55 percent, by volume, of alcohol and not more than 0.25 percent of total solids (extract). The content of fusel oils should not exceed 0.25 percent. No artificial color other than that derived from the wood in which it is stored is admitted in whisky. Blended whisky is whisky made of two or more whiskies. Compound or “rectified” whisky is whisky made with or without the use of some whisky from neutral, cologne, or silent spirits; that is, pure alcohol, to which artificial flavoring and coloring matters may be added. Such whiskies should be plainly branded on the label “Compound” or “Compounded,” even if containing a percentage of pure whisky.

8. _Beer_ is the fermented product of cereal grains, the starch of which has been converted into sugar by malt or malting, and to which an infusion of hops has been added.

9. _Fruit compounds_, such as jams, jellies, marmalades, etc., are preparations made from pure fruits or fruit juices, with the addition of sugar. The presence of artificial coloring matter, flavors, glucose, preservatives, and other added substances is not admitted for the pure products, and when used the fact should be plainly indicated in the English language upon the label. These bodies should not bear the name of any one fruit alone if they are made from mixtures of fruit or fruit juices.

10. _Sausage_ is the comminuted edible meat of healthy slaughtered animals, commonly used as food, mixed with salt and condimental substances. The packages should bear the certificate of an official inspector as to purity, and if pork, that it is free from trichinæ. The addition of preservatives should be plainly stated upon the label, and if these preservatives be deemed injurious to health, such sausages can not be admitted. Coloring matters when used are under similar restrictions.

11. _Salad (edible) oils_ shall bear the name of the substance from which they are made, namely, olive, cottonseed, sesame, peanut, etc. The designation “salad oil” is not sufficient. If mixtures, this fact should be plainly stated upon the label, in harmony with the principles already laid down. The ingredients of a mixed oil should have their origin (country) named upon the label in order to conform with the provisions of the law.

12. _Vinegar_ should contain not less than 4 percent of acetic acid. The kind of vinegar should be named upon the label, namely, cider vinegar, wine vinegar, malt vinegar, spirit vinegar--meaning vinegar derived from the acetous fermentation of cider, wine, malt liquors, or distilled spirits, respectively. Any added coloring or other foreign matter should be noted upon the label and in the declaration.

13. _Labeling._--If more than one article be present in a food product, the name of one of the substances alone is not deemed to be a sufficient label. If peas or beans have a portion of copper, the label should state that fact. The various natural constituents of a food product need not be noted, for the presence of the usual condimentary substances employed in foods, viz., sugar, salt, spices, vinegar, and wood smoke. The term “sugar” is used in its usual signification, viz., sugar made from sugar cane, sugar beets, maple trees, sorghum etc. When sugars are made by the artificial hydrolysis of starch, by an acid or salt, that fact should be noted on the label by the term “glucose,” or starch sugar. “Grape sugar” is not admitted as a correct term for such products.

GENERAL STATEMENT.

The above specific illustrations indicate the position of the Department in regard to the general character of food products which may be imported without question.

The importer will do well to require his agents in foreign countries to carefully comply with the general principles set forth. In a few words they may be summarized as follows: Freedom from deleterious substances, notification of added foreign substances, truthfulness in labeling.

The standards of purity for food products, which have been fixed by the Secretary of Agriculture in harmony with existing law, are given in Circular No. 13 of the Secretary’s Office and are applicable to imported foods, which should conform to these established standards.

(F. I. D. 5.)

PROPOSED REGULATIONS GOVERNING THE LABELING OF IMPORTED FOOD PRODUCTS.[50]

[50] Circular No. 21. Bureau of Chemistry, U. S. Dept. Agr.

_November 17, 1904._

(_a_) ARTIFICIAL COLORING MATTER (ESPECIALLY SULFATE OF COPPER).

The use of sulfate of copper as a coloring matter in certain green vegetables has become quite prevalent. Sulfate of copper is a substance which in itself acts as a quick emetic and irritant, and therefore its presence in food products must be looked upon as undesirable.

Copper sulfate is irritant or mildly escharotic, and, when in dilute solution, stimulant and astringent. At one time it was given in _epilepsy_ and other nervous diseases, but at present it is never used internally, except for its influence upon the gastro-intestinal mucous membrane. In _chronic diarrhea_ with ulceration it is often a useful remedy. In doses of 5 grains it acts as a powerful, prompt emetic, without causing general depression or much nausea, but it is too irritant to be used freely.

A dose of copper sulfate as an astringent is a quarter of a grain (16 milligrams); as an emetic, 5 grains (330 milligrams).--(United States Dispensatory, 18th edition, p. 468.)

It is claimed by some manufacturers, chemists, and hygienists that copper sulfate when added to green vegetables, forms compounds which are harmless to health.

Pending investigations which are now making, all food products colored with sulfate of copper, or to which sulfate of copper has been added for any purpose, should contain upon the label a statement in English, in letters not smaller than long primer caps, as follows: “Colored with sulfate of copper,” or, if preferred, “Prepared with sulfate of copper.” A statement of the quantity of copper, if any, which may be permitted in food products under the provisions of the law is reserved until further study of the question can be made.

Food products artificially colored with other substances than sulfate of copper should bear upon the label, in letters of the size described above, the legend “Artificially colored,” or, if the manufacturer prefers, the statement “Colored with anilin dye,” or whatever dye-stuff may be used.

(_b_) GLUCOSE.

Manufactured food products in which glucose (sugar made by hydrolysis with an acid or otherwise from starch) has been used instead of sugar, or for other purposes, should bear upon the label in English, in letters of the size above mentioned, “Prepared with glucose,” or some statement of similar import. The glucose which is used must be free from arsenic or other injurious substances.

(_c_) FOODS PREPARED WITH OIL.

In countries where olive oil is the common edible oil the expression on food products “Prepared with oil” or “Packed in oil” will be construed to mean olive oil. Where a mixture of oils is used, or another oil than olive oil, a statement to that effect should be made upon the label.

This regulation in regard to labeling will go in effect on March 16, 1905. Importers are requested to immediately acquaint their agents in foreign countries with this ruling, in order that the proper preparation of the labels may be secured.

(F. I. D. 6.)

STYLE OF LABEL REQUIRED FOR IMPORTED FOODS.

[Note size of type.]

PREPARED WITH GLUCOSE.

COLORED WITH SULFATE OF COPPER.

ARTIFICIALLY COLORED.

(F. I. D. 7.)

NOTICE TO EXPORTERS OF DESICCATED FRUITS.

_August 31, 1904._

The Governments of Prussia and Saxony, in order to unify the practices of inspectors of desiccated fruits, have issued decrees fixing the limit of sulfurous acid in desiccated fruits at 0.125 percent.

Exporters of such products from the United States are asked to take notice of this regulation and to refrain from sending to the countries named desiccated fruits containing an amount of sulfurous acid in excess of that mentioned above.

By authority of Congress, the Department of Agriculture will inspect cargoes of desiccated fruits intended for exportation, free of charge to exporters who may request such inspection. On application to the Bureau of Chemistry all necessary blanks will be sent. Exporters are urged, in order to avoid refusal or confiscation by other countries, to avail themselves of this opportunity to ascertain, before shipment, the percentage of sulfurous acid contained in goods intended to be exported.

(F. I. D. 8.)

NOTICE TO IMPORTERS OF LIQUID EGG PRODUCTS.

_December 14, 1904._

This Department has made examinations of invoices of liquid eggs--yolk of egg, or white of egg, or the two together--offered for import into the United States. These food products have been uniformly found preserved with boric acid or borax, a substance which the investigations in this Department have shown to be injurious to health.

Notice is hereby given to importers that the Secretary of the Treasury will be requested to refuse admission of food products of this character consulated subsequent to December 15, 1904.

(F. I. D. 9.)

NOTICE TO IMPORTERS OF DRIED EGG PRODUCTS.

_February 24, 1905._

In regard to the importation of egg products in a dry state, preserved with boric acid or with other preservatives, with the exception of salt, sugar, vinegar, or wood smoke, further importation will be regarded as a violation of the provisions of the existing law. Refusal to admit such importations will not be requested of the Secretary of the Treasury on invoices consulated prior to January 21, 1905.

(F. I. D. 10.)

TREASURY DECISION ON REFUNDING DUTIES PAID ON CONDEMNED IMPORTATIONS OF FOOD PRODUCTS.

_February 20, 1905._

The Secretary of the Treasury has informed the Secretary of Agriculture, under date of February 17, 1905, in regard to the duties paid upon imported food products before the inspection thereof has been completed by the Department of Agriculture, that in case the inspection is of such a character as to require the reshipment of the products in question beyond the jurisdiction of the United States, estimated duties paid under such circumstances will be refunded to the importer when delivery has been refused and the merchandise has been either destroyed or exported under the regulations.

(F. I. D. 11.)

SUSPENDING REGULATIONS GOVERNING THE LABELING OF IMPORTED SARDINES AND OTHER FOOD SUBSTANCES PACKED IN OIL.

_March 1, 1905._

Referring to Circular No. 21 [F. I. D. No. 5_c_], respecting the packing of sardines and other food substances in oil, representations have been made to this Department, officially and otherwise, that in some countries where fish--namely, sardines--are packed in this way olive oil is not the common edible oil of the country, and therefore the regulation would not apply. I have directed that investigations be made of the character of the oil found in imported packages of sardines and other fish for the purpose of determining the character of the oil which has been employed.

Pending the result of these investigations, and in view of the fact that the packages intended for export to this country were prepared in many cases prior to the publication of the proposed regulations, that part of the circular referring to the marking of the packages respecting the character of the oil employed will be suspended until the investigations are concluded and until further notice.

(F. I. D. 12.)

ABOLISHING THE RULE TO ADMIT IMPORTATIONS OF FOOD PRODUCTS IN THE CASE OF FIRST NOTIFICATION.

_March 1, 1905._

At the beginning of the enforcement of the legislation relating to the inspection of imported food products, in order to fully acquaint importers with the provisions of the law before any penalties were imposed, the inspecting officers were instructed in cases of first offense, where no purpose or intent to evade the law could be imputed to the importer, to pass the invoice under inspection, with notice that this was done without prejudice to future decisions.

The food-inspection law has now been in force since July 1, 1903, and it is presumed that every importer is acquainted with its existence and its requirements. Notice is therefore given that on and after March 16, 1905, the exception which has been made in the case of first notification will be abolished.

(F. I. D. 13.)

PROVISIONAL STANDARDS FOR THE LIMIT OF SULFUROUS ACID IN IMPORTED WINES.

_March 1, 1905._

The regulations in regard to the amount of sulfurous acid permissible in imported wines, as prescribed in Circular No. 18 [F. I. D. No. 4], were based upon the regulations adopted by the consulting committee of hygiene of the Seine. Since the publication of these regulations the quantity of sulfurous acid in wines has been the subject of another investigation by an official French committee, with the result that the maximum limit of sulfurous acid in wines in France has been increased to 400 milligrams of total acid per liter, with a toleration of 10 percent. Results of the investigations of the French committee have been communicated to the Department of Agriculture and are under consideration. Investigations have also been conducted by the Department of Agriculture relating to the effects of sulfurous acid upon health and digestion.

Pending the final conclusions which may result from a study of all these data the provisional limit of sulfurous acid in imported wines will be established as follows: For dry wines, as defined in the standards of purity fixed by this Department in Circular No. 13 of the Secretary’s Office, entitled “Standards of Purity for Food Products,” 200 milligrams of total sulfurous acid per liter; for wines containing not more than 2 percent of sugar, 250 milligrams per liter; for wines containing not to exceed 3 percent of sugar, 300 milligrams per liter; for wines containing over 3 percent of sugar, 350 milligrams of total sulfurous acid per liter. These provisional standards will be in effect until further orders.

(F. I. D. 14.)

ANALYSES OF EXPORTS MUST BE MADE BEFORE SHIPMENT, ON SAMPLES TAKEN FROM ACTUAL CARGO.

_March 10, 1905._

In the case of an attempt to introduce a condensed beef juice into Turkey the Turkish Government refused to admit the product “until an analysis thereof and a report on such analysis, duly certified by the Government of the United States and by the Turkish consul at New York, is presented to the Turkish authorities.” Application being made to the Department of Agriculture, through the Department of State, for such certified analysis, the blank forms used for such certifications were supplied, when the following features of the case were developed, as set forth in a letter from the counsel of the company desiring the certificate:

The forms which you inclose relate to a specific shipment of goods to any particular country and call for the selection of samples from the particular lot of goods set aside for shipment....

The Turkish authorities evidently do not require that such analysis and certificate should be presented in connection with each shipment, but only that a general analysis and certificate should be given. Upon the presentation of such general certificate permission can be obtained for the introduction of such goods without subsequent analysis and certificate.

In view of these facts the Department, under date of March 10, 1905, rendered the following decision:

I regret that we are not able to adopt the views of the Turkish authorities of which you speak, and in harmony therewith make an analysis of your product and give a general certificate, as you desire. Under the regulations established for carrying out the law, to which the Secretary of State called your attention, this Department can only make analyses of samples from the actual cargo before its shipment.

(F. I. D. 15.)

PLACING PRESERVATIVES IN VINEGAR.

_April 10, 1905._

Food products which are artificially colored will be admitted temporarily provided the color contained therein is not injurious to health. In regard to a preservative in vinegar, in the first place I can see no possible reason why a preservative should be put in vinegar, which is itself a preservative. In the second place, not knowing its character I could base no opinion on its admissibility. If flavoring matters are placed in vinegar--that is, aromatic substances--there is no objection whatever to their presence. Preservatives, with the exception of salt, sugar, vinegar, and wood smoke, are non-condimental, and therefore can not be excused on the ground that they add any flavor or taste to the substance.

(F. I. D. 16.)

FALSE LABELING OF VINEGAR.

_April 21, 1905._

It is held that the term “vinegar” applied to products made in France and other wine-producing countries where vinegar is made chiefly from wine should apply only to such goods or to vinegar made from cider. The analytical data in a given case show that the vinegar in question is not derived from either of these sources, but is evidently the product of oxidation of low wines or alcohol. It does not comply with the standard either for vinegar or wine vinegar on page 14 of Circular No. 13[51] of the Secretary’s Office. It is evidently a vinegar such as is described under paragraph 6[52] of the same page and being such a vinegar should have been so labeled. It is held, therefore, that this product is falsely labeled.

[51] 1. _Vinegar_, _cider vinegar_ or _apple vinegar_ is the product made by the alcoholic and subsequent acetous fermentations of the juice of apples, is lævo-rotatory, and contains not less than four (4) grams of acetic acid, not less than one and six-tenths (1.6) grams of apple solids, and not less than twenty-five hundredths (0.25) grams of apple ash in one hundred (100) cubic centimeters. The water-soluble ash from one hundred (100) cubic centimeters of the vinegar requires not less than thirty (30) cubic centimeters of decinormal acid to neutralize the alkalinity and contains not less than ten (10) milligrams of phosphoric acid (P₂O₅).

2. _Wine vinegar_ or _grape vinegar_ is the product made by the alcoholic and subsequent acetous fermentations of the juice of grapes and contains, in one hundred (100) cubic centimeters, not less than four (4) grams of acetic acid, not less than one and four-tenths (1.4) grams of grape solids, and not less than thirteen hundredths (0.13) gram of grape ash.

[52] 6. _Spirit vinegar_, _distilled vinegar_, _grain vinegar_ is the product made by the acetous fermentation of dilute distilled alcohol and contains, in one hundred (100) cubic centimeters, not less than four (4) grams of acetic acid.

(F. I. D. 17.)

LABELS ATTACHED TO WRAPPERS INSTEAD OF PACKAGES; STATEMENTS RELATING TO WHOLESOMENESS OF ADDED SUBSTANCE. PASTER LABELS.

_April 21, 1905._

Our examination showed that these packages of jams were wrapped with paper, to which was affixed a paster containing the legend “ARTIFICIALLY COLORED” in large type, followed in small type by the phrase “With an infinitesimal proportion of absolutely harmless coloring.” While there can be no legal objection to the additional phrase, it will be understood that the determination of this point is especially reserved by law to this Department.

On removing the paper wrappers of the packages the label which appeared on the outside of the packages was found attached to the stone jars, but the paster was missing. It is a reasonable construction of the law to say that the label required should be the permanent and not the temporary label. In subsequent imports, therefore, of goods of this kind it is deemed necessary to have the paster attached directly to or immediately above or below the principal label on the jar itself. The use of a paster is permitted provided it is as firmly attached as the original label in such a way as not to be easily removed, and further that it is applied to goods which are already labeled before March 16, 1905. In goods packed subsequent to this date it will be required that the part of the label which gives information in regard to added products shall be made an integral part of the original label.

(F. I. D. 18.)

STATEMENT OF QUANTITY OF ADDED SUBSTANCE IN FOOD PRODUCTS.

LETTER OF IMPORTER.

_April 21, 1905._

We note certain imported tins containing peas labeled “This tin contains ³⁄₄ grain of copper as preservative.” Permit us to inquire if the Department accepts this as correct branding.

In default, would your Department accept “Prepared with the addition of an infinitesimal amount of sulfate of copper not exceeding ³⁄₄ grain per tin?”

Pardon us for asking these questions, our reason being that in thirty-five years’ dealing in so-called greened peas by our senior, not a single case of injury has ever come to his knowledge, and the bare statement now required on the tins of “Colored” or “Prepared with sulfate of copper” would appear to the consumer as a new and hitherto unused ingredient fraught with possible danger, thus seriously injuring the commerce in this article and reducing the revenue derived from its importation.

We beg to assure you that we would not thus appear to insist upon qualifying the label, if we deemed the article injurious, our personal consumption, as well as that of numerous friends, supported by the report of the council of hygiene of Paris in 1889, appearing to us as absolute proof of the innocuity of vegetables where the chlorophyl is thus fixed.

DECISION OF DEPARTMENT.

_April 26, 1905._

When a label with letters of proper size and legibility contains the statement that it [the food product] is colored with sulfate of copper we consider that the conditions required by law are fulfilled. This statement, however, should not be in any way connected with any other matters. If the importers desire to put additional labels on, stating “This tin contains ³⁄₄ grain of copper,” we should have no objections thereto. If, also, they should desire to add to the label required the phrase, “Prepared with the addition of an infinitesimal amount of sulfate of copper not exceeding ³⁄₄ grain per tin,” we could not reasonably object. This descriptive matter, however, should not be connected with the label required, namely, “COLORED WITH SULPHATE OF COPPER.” The fact that the people of this country might object to eating goods thus marked is the strongest argument you could give showing the justice of the marking. The object of the law was to prevent deception being practiced upon our people.

If any added supplementary statement is shown to be false by the results of the analysis it would be considered then as a misbranding, and treated accordingly.

(F. I. D. 19.)

FALSE BRANDING OF MUSHROOMS.

LETTER OF IMPORTER.

_April 25, 1905._

We acknowledge receipt of your letter of the 18th advising that a certain shipment of mushrooms consigned to us ... are misbranded, for the reason that the tins contain nothing but stems and scraps from the cannery.

In answer we beg to advise you that the goods in question are not sold by us as regular mushrooms to the trade. This particular packing is used by only the hotel and restaurant trade for the purpose of making a sauce, and on this account are branded “Hotels.” This is the trade-name given to the character of the goods in question, and it is always understood that they contain nothing but stems and pieces which are left over in the packing of the other grades.

Under these conditions we cannot believe that we are importing goods that are misbranded, and would ask you to kindly release the shipment in question.

DECISION OF DEPARTMENT.

_April 29, 1905._

In this connection I desire to state that the understanding of the trade respecting branding of food products is not one which should always guide the officials in charge of the pure-food law. The object of the law is the protection of the consumers particularly and not of the trade. The addition of the word “Hotel” to the word “Champignons” in no way describes the character of the product except to those who are initiated in the secrets of the trade. After all, the consumer is the one who suffers, as he eats the mushroom sauce, which is not made of mushrooms at all, and thus the deception is complete, although the purchaser may understand the character of the goods. It is extremely doubtful whether under the terms of the law such goods would be entitled to importation under any name, as they certainly are not to be considered as edible. They should bear the label “FRAGMENTS AND SCRAPS FROM MUSHROOM CANNERY,” or “CHAMPIGNONS, PIECES AND STEMS” in order to be properly described. I am not able to see why the patrons of hotels and restaurants should be subjected to a deception of this character. I beg to say, therefore, that your explanation does not satisfy me respecting the suitability of this invoice for entry.

(F. I. D. 20.)

STATEMENTS ON LABELS REGARDING HEALTH LAWS OF OTHER COUNTRIES.

_May 17, 1905._

I beg to call your attention to a shipment of beans.... We note after the legend “COLORED WITH SULFATE OF COPPER” the additional legend “ACCORDING TO FRENCH HEALTH LAWS.” Inasmuch as the French laws do not apply to this country, the addition of this phrase is regarded as a complication of the labeling, having for its object to influence the consumer respecting the character of the added product. Inasmuch as the Congress of the United States has placed upon this Department the duty of deciding upon the wholesomeness or unwholesomeness of substances added to foods, we regard such a label as an attempt to forestall the judgment which this Department may render in accordance with the act of Congress above referred to. While in the present instance we would not consider the addition of the second legend as a cause for rejecting the articles, your attention is called to the undesirability of any such statement appearing upon the label, and it is suggested that in the future it be omitted.

Attention is further called to the fact that in so far as we can discover by a study of the French laws there are no regulations therein respecting the addition of sulfate of copper to food products. In this respect, therefore, the second phrase, “ACCORDING TO FRENCH HEALTH LAWS,” must be considered as a misstatement. It may be that the addition of copper is not forbidden by the French law, but we do not believe it is added under any regulations thereof. It will be decidedly advisable to omit the phrase.

(F. I. D. 21.)

RELABELING IMPORTED FOOD PRODUCTS AFTER ARRIVAL IN THIS COUNTRY.

_May 26, 1905._

The purpose of the law in regard to labeling is clear, namely, that the labels should be properly attached at the time of packing the goods. Should exceptions be made to this principle and importers be allowed to relabel goods offered for import after inspection and refusal of entry, it would be impossible to secure a proper compliance with the terms of the law. Manufacturers and exporters in other countries and importers in this country would prefer in these cases to import the goods as usually labeled and thus, if the invoices were not inspected, they would enter without delay. If, on the other hand, the invoices were inspected they would feel that they could then exercise the privilege of relabeling. A courtesy of this kind to one importer would necessarily be extended to all, and for this reason a proper compliance with the purpose of the law would not be secured. The request for permission to relabel is therefore denied.

(F. I. D. 22.)

ILLEGIBLE OR CONCEALED LEGENDS ON LABELS.

_May 29, 1905._

There has been presented for the opinion of this Department a label in brass marked in large letters “CONSERVES ALIMENTAIRES” and which by ordinary inspection reveals no legend of any kind relating to any artificial color which has been used in its preparation. By very careful inspection an almost totally illegible label is found printed in extremely small letters in this way: The word “artificially” is in the upper left-hand corner surrounding a circular mark near the margin, and the word “colored,” similar as to position and letters, is in the upper right-hand corner.

Printing the legend “Artificially colored” in this way can only be construed as an attempt to comply with the letter of the law and to evade its spirit. This Department holds that in so far as the purpose of labeling is concerned these words are entirely insufficient. As a result of this decision the packages of goods bearing the label have been declared to be misbranded.

(F. I. D. 23.)

LABELING OF PRESERVES SWEETENED WITH CANE OR BEET SUGAR AND GLUCOSE.

LETTER OF IMPORTER.

_June 2, 1905._

With reference to the label on preserved strawberries and other fruits imported from Germany, etc., we would thank you to advise us whether you would permit the legend descriptive of the added substance (part of the original label) to read, for instance:

PRESERVED STRAWBERRIES ARTIFICIALLY COLORED PREPARED WITH PURE SUGAR AND GLUCOSE.

The sirup is almost entirely pure sugar, and it would therefore be an injustice to be compelled to say that it was composed exclusively of glucose.

DECISION OF DEPARTMENT.

_June 5, 1905._

When a label with letters of proper size and legibility contains the statement that the goods are prepared with glucose, or with sugar and glucose, we consider that the conditions required by law are fulfilled. Manufacturers may add to the label required a statement of the percentage of glucose in the goods. If any statement on the label is shown to be false by the results of the analysis or otherwise, the package will be considered as misbranded and treated accordingly.

(F. I. D. 24.)

ADULTERATION OF DOMESTIC FOOD PRODUCTS BY THE ADDITION OF PRESERVATIVES, COLORING MATTERS, AND OTHER INGREDIENTS NOT NATURAL TO FOODS, NOT REGULATED BY DEPARTMENT.

_June 14, 1905._

The Department of Agriculture is not authorized by law to make any regulations concerning the above-mentioned substances in food products of domestic manufacture and intended for domestic commerce either within the State where made or for interstate purposes.

For foods intended for export to foreign countries the Department is authorized to make examinations and certify whether or not the foods so offered are in harmony with the laws regulating food products in countries to which the products are to be sent.

In the case of imported foods the decisions and regulations of the Department are contained in the circulars and regulations issued herewith.

Numerous inquiries reach this Department respecting the addition to food products of preservatives, coloring matters, and other ingredients not natural to foods. This Department has authority of law to fix standards of purity for food products, and these standards when completed will cover all the points above mentioned in so far as the authority of Congress extends. The Department has no authority besides this to establish regulations or conditions affecting the domestic manufacture of and commerce in food products containing the ingredients above mentioned. This power at the present time is exercised, if at all, solely by the several States. The food standards, in so far as they have been established, are embodied in Circular No. 13, Office of the Secretary, which can be had upon application to this Department.

(F. I. D. 25.)

FOOD PRODUCTS OFFERED FOR ENTRY AND AFTERWARD DECLARED TO BE FOR TECHNICAL PURPOSES.

_June 21, 1905._

On June 14 this Department was asked to release an invoice of egg albumen which had been found to be preserved with boric acid, thus containing a substance prejudicial to health and refused admission on that ground, on the statement of the importer that the product would be reserved solely for technical purposes. It is manifest that the action of this Department should not be based upon any statement of the importer made subsequent to the sampling of the invoice for examination.

The plain provision of the law requires the inspection of food products when deemed advisable, and their exclusion in certain circumstances. When a food product is thus excluded under the regular application of the law, it can not be released and permitted entry on a subsequent declaration that it will be reserved for technical purposes only. Any product which may be used either for technical purposes or for food will be regarded as a food product, irrespective of any declaration subsequent to inspection respecting the use to which it is to be put.

The use of a food product for other purposes is incidental, and should not be construed as exempting food products of that class from examination in the regular way.

F. I. D. 26.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISION 26.

LABELING IMPORTED FOOD PRODUCTS.

By reason of representations which were made before this Department on June 14 by a committee representing the importers of New York, it is hereby ordered that all cases of inspection of imported food products to date, where exclusion thereof has been required by reason of misbranding or false labeling, may be reopened with permission to relabel, if granted by the Secretary of the Treasury, under supervision of an official detailed from the Treasury Department for that purpose. These labels shall be in the form of a paster attached securely to, or just above or below the principal label, in a manner not to be easily detached, and bearing a legend showing the contents of the package not of the nature represented by the principal label, in letters not smaller in size than long primer capitals of the usual facing, such labels to be submitted to the proper representative of this Department and be approved as satisfactory before the release of the invoice.

In order to more clearly set forth the requirements of this Department as contained in Circulars 18 and 21 of the Bureau of Chemistry (F. I. D. 4 and 5) and in other publications of the Department, the following general principles of labeling of food products are to be observed:

1. A food product should be designated by its usual name, English name preferred, and need not bear any further description of its components or qualities. Food products which are prepared by established processes of refining need not bear upon the label any statement respecting the refining process. For illustration, the term “flour” is sufficient for the food product known by that name; the term “olive oil” is sufficient for the food product known by that name. The usual processes of manufacture and refining in these cases are not required to be stated.

2. When any foreign substance is added to a food product other than that necessary to its manufacture or refining, the label should bear a statement to that effect. For instance, a food product which is artificially colored or to which a preservative has been added should have these facts appear upon the label. If a substance which itself is not a coloring matter be added to a food product for the purpose of preserving or intensifying the natural color of the food, the name of the substance shall be specifically mentioned, as, for instance, when sulfate of copper is used to intensify or preserve the green color of food products.

3. Where a substance which is generally understood to have specific qualities in the preparation of a food product is replaced by another substance either of a similar nature or entirely different thereto but with some of the same qualities, the name of the substituted substance should appear upon the label. For instance, sugar is the usual sweetening substance in the preparation of certain food products. If the sugar is wholly or in part replaced by another substance, such as glucose, that fact should appear. If the sweetening substance used be saccharin, a substance which is not related to sugars at all, the label should indicate such substitution. Where olive oil is used in the preparation of foods and where it is understood by the term “oil” that olive oil is indicated, the substitution of any other edible oil for the olive oil should be noted on the label.

4. Where a substance is made up of fragments or scraps of the material usually known by the name upon the label, the name of the substance alone will be deemed a misbranding. For instance, if the fragments of stems and pieces of mushrooms which remain after the canning of the mushrooms themselves be labeled “mushrooms” alone it will be deemed misbranding. Such a package should be labeled “pieces and stems of mushrooms” or some similar appellation. If the cores and peelings of apples be labeled “apples” alone a similar condition is presented and the name will be deemed insufficient and misleading.

5. If any essential or important ingredient of a food product be abstracted, and such abstraction is not necessary nor usual in the preparation or refining of such food body, the label should plainly indicate the ingredient thus removed. For instance, if a portion of the butter fat be removed from milk, even if there remain a sufficient quantity of butter fat to comply with the standard, such an abstraction is to be noted on the label.

6. A food product which is misbranded in respect to the locality or country where it is made, produced, or manufactured, under the provisions of the law is misbranded and is not entitled to entry. For instance, if the product of one country, as the olive oils of Spain, be sent to an Italian port and there bottled and labeled as Italian oil, such a label will be deemed to be a misbranding. If wine grown in Algeria or Italy be bottled in France as a French wine it will be deemed a misbranded product.

7. If a food product bear a name which is in any way misleading in regard to the quality, character, or origin of the product it is a misbranding under the law and is a sufficient cause for the exclusion of the goods covered by the invoice from entry.

8. The addition of the ordinary condimental substances to a food product, such as sugar, vinegar, salt, spices, and wood smoke, may be practiced without any notice to this effect appearing upon the label.

9. Food products of any given name are to correspond in quality to the standards established by authority of Congress for such products, and if they vary from this standard a notice to that effect is to appear upon the label.

10. The presentation of properly labeled food products as outlined above does not insure their admission. Such products, even when properly labeled, may be refused entry because of threatened injury to health or because they are of a nature forbidden in the country in which they are made or from which they are exported.

11. The principal label on a food product, that is, the part of the label which declares the character of the product, should not be connected with any statement relating to the wholesomeness or hygienic qualities of the product itself, nor should it contain any reference to the laws relating to such products either applying to the country where made or to this country. These are questions which are reserved especially for the consideration of this Department by act of Congress, and any attempt to prejudice the consumer regarding the matter should not be connected in any way with the label itself.

12. The actual form and character of the label are left to the judgment of the manufacturer. The regulations require certain notings of added substances to be in the English language and of a size and distinctness easily legible and occupying a position directly on the label and not to the side nor on the margin, nor in any position where the label itself could be read without the attention of the reader being directed to the name of the added substance or other special inscription.

13. The privilege of relabeling after arrival at a port in this country, as hereby extended, shall cease on and after September 1, 1905, thus giving ample time for all cargoes now afloat to reach our ports.

14. The name of the added substance or of the abstracted substance required by the above regulations should appear as nearly as possible in connection with the name of the food product upon the original label and in a position as conspicuous as that of the food product itself and as legible. The size of type required, namely, not smaller than long primer capitals, is the minimum size which it is deemed would be easily legible to a consumer in looking at a package of food products as offered him in ordinary trade. The letters should be not less in size nor less distinct in facing than the following legend:

COLORED WITH SULFATE OF COPPER,

and in all cases this descriptive matter is to be printed in the English language, whatever be the language used in naming the food products. In all food products packed subsequent to September 1, 1905, the descriptive matter mentioned in this circular as necessary for proper labeling will be required to be a part of the original label and not attached as a paster. In food products packed and labeled prior to September 1, 1905, the paster above described will be admitted upon certificate of this fact until May 1, 1906, after which only original labels of correct form are to be admitted as sufficient for the purpose of correct labeling.

Previous decisions not in harmony with the present order are hereby modified in accordance with the above regulations.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _June 22, 1905_.

F. I. D. 27-30.

UNITED STATES DEPARTMENT OF AGRICULTURE.

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 27-30.

(F. I. D. 27.)

ADMISSION OF SARDINES BOILED IN PEANUT OIL AND PACKED IN OLIVE OIL.

As a result of the conference held between the Chief of the Bureau of Chemistry and the manufacturers and packers of sardines in Nantes, Bordeaux, and Paris, it appears that it is a practice somewhat common among the packers of sardines to boil the fish in peanut oil previous to packing. It is claimed by some manufacturers that this process improves the quality of the fish and also the color, and is a distinct advantage in the preparation of the fish in packing. Subsequent to the boiling in peanut oil the fish are so placed as to secure a perfect drainage, so that all oil which naturally would exude from the fish is separated therefrom. In this condition they are afterwards packed in pure olive oil. A small quantity of peanut oil remaining in the fish diffuses in this way with the olive oil to such an extent that the oil gives a distinct reaction for peanut oil.

Pending further investigations of this process and its necessity, inspectors at the different laboratories are permitted to admit sardines labeled “Packed in Olive Oil” in which a small quantity of peanut oil is found; provided the invoice be accompanied by a certificate, approved by the consul, to the effect that the oil used in packing the sardines was pure olive oil, and that previous to the packing the sardines had been treated in hot peanut oil as described above. The regulations, F. I. D. 5 c and F. I. D. 11, are therefore accordingly modified, permitting the importation of sardines labeled “Packed in Olive Oil” when the quantity of peanut oil therein is found not to exceed 5 percent, as nearly as can be determined with a reasonable toleration for difficulties of analysis, and variation in duplicates.

This amendment is of a provisional nature and will be in force until further investigations can be made and until further ordered.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _September 23, 1905_.

(F. I. D. 28.)

MAXIMUM QUANTITY OF SULFUROUS ACID IN WINES.

As a result of a conference between the Chief of the Bureau of Chemistry and Professor Gayon and other members of the French committee of œnology and exporters of wines, held at Bordeaux, August 26, 1905, the following modifications of F. I. D. 13, issued March 1, 1905, are made:

It was learned from the French expert, Professor Gayon, who is the principal advisor of the committee of œnology, that steps have already been taken to prevent the excessive use of sulfur, which, it is admitted, in years past has been practiced at times in the preparation of French white wines. The quantities of sulfur which are now permitted to be burned are prescribed for each kind of wine in order to avoid any excessive use. It is believed that by these new regulations the wines which are prepared subsequently to the issue of the regulations of March 1, referred to above, namely, the wines of the vintage of 1905 and of subsequent vintages, will not contain a quantity of sulfurous acid in excess of the amounts specified in the regulations of F. I. D. 13. Wines prepared previous to these regulations, however, may still contain, even in the absence of notable quantities of sugar, more sulfurous acid than would be permissible under the existing provisional standards.

With the desire to meet the wishes of the French makers and exporters who are endeavoring now to diminish the quantity of sulfurous acid in white wines hereafter made, it is deemed advisable to modify the provisional regulations slightly to avoid as much as possible any retroactive intent. It is therefore prescribed, provisionally, in modification of F. I. D. 13, that wines imported into the United States from France or other countries, containing not to exceed 350 milligrams of sulfurous acid, may be admitted without respect to the quantity of sugar contained therein. There will also be permitted a tolerance of 20 milligrams per liter to cover the difference in different samples and the variations incident to duplicate analyses. This modification of F. I. D. 13 will not apply to the wines of the vintage of 1905 nor to succeeding vintages. To wines of these vintages the provisional standards provided in F. I. D. 13 will still apply until further orders.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _September 23, 1905_.

(F. I. D. 29.)

COLORING MATTERS IN SYNTHETIC FOODS.

The term synthetic food as herein used is applied to a food product made of a mixture of various other food products and not of itself possessed of any of the characteristics of a natural or uncompounded food. Such food products should bear some special name not indicative of natural origin, character, or quality. A class of products typifying such synthetic foods is the product known as candy or confection. It has been customary to use harmless artificial colors in such foods in preparing them for consumption. Such colors are not calculated to deceive or mislead, because the foods themselves do not represent any natural food product. The regulations of this Department applying to imported food products require that such products, when artificially colored, should bear a legend on the label to that effect. This regulation should be construed to apply only to food products which of themselves have a natural color and in which the use of artificial colors would tend to mislead or deceive the purchaser.

Until further orders synthetic food products, as described above, not having of themselves any natural color nor bearing any name which would indicate an origin relating to a food product of a definite color, may contain harmless coloring matter without notice on the label. This permission is not to be construed, however, in any way which would permit the use of coloring matter if the product by its name indicates a special origin. For instance, candies which are sold under the name of chocolates should not be permitted to carry a color imitating the natural color of chocolate, and this principle should apply to other confections bearing names of definite origin. The Department will not undertake to specify by name the colors which may be used further than to say that they must be of a harmless character, not injurious to health, and must comply with the laws and regulations of the countries from which the food products are imported.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _September 27, 1905_.

(F. I. D. 30.)

THE USE OF PACKAGES MADE OF TIN PLATE, ON WHICH LABELS HAVE BEEN PRINTED FOR PRESERVED VEGETABLES, ETC., ORDERED AND DELIVERED TO MANUFACTURERS PRIOR TO SEPTEMBER 1, 1905.

From the investigations lately made by the Chief of the Bureau of Chemistry, it appears that in a few instances European manufacturers of preserved vegetables, intended for export to the United States, had provided a large number of packages made of tin, on which the labels had been printed previous to the manufacture of the tin cans. The printed matter can not be erased from the cans, nor can it be conveniently covered without destroying the artistic appearance of the packages. These tin cans had been ordered and delivered to the manufacturers before the publication of F. I. D. 26, requiring the presence of preservatives, coloring matters, etc., to be indicated upon the original label and not attached by means of pasters subsequent to September 1, 1905. In many cases considerable expense has been incurred by the manufacturers in the purchase of these tin cans with the labels printed thereon.

Inasmuch as these packages were purchased in good faith and were not intended to disregard the regulations of the law relating to imported food products, permission will be given to use them in packing preserved vegetables for the season of 1906 on the following conditions:

1. That the tin cans in the possession of manufacturers shall have been ordered and delivered previous to September 1, 1905.

2. That the manufacturer shall make a statement before the consul in each case of the number of such packages which he had on hand at the date mentioned.

3. That the manufacturer shall attach a special paster, in a conspicuous place on the label, in such a way as to make it practically irremovable, indicating the presence of the preservative, coloring matter, etc., which may have been used in the preparation of the contents of the package, by the use of type not smaller than long primer capitals, as shown in F. I. D. 6, and submit samples thereof to this Department prior to shipment.

4. That these packages already on hand may be used for the crop of 1906, but not for a longer period.

5. That the importation of these packages into the United States under the regulations above mentioned shall not continue longer than May 1, 1907.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _September 29, 1905_.

F. I. D. 31.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISION 31.

LABELS ON DETACHABLE WRAPPERS.

In the examination of certain imported goods to ascertain whether the requirements of F. I. D. 17, of April 21, 1905, have been complied with, instances have been found where wrappers on which a part of the label only is printed are used with packages, and the declarations required in the principal label (in conformity with the decision referred to and other decisions) are omitted. Inspectors of imported food products will be instructed to regard a package as misbranded if a wrapper is placed over the label attached to the package and the statements on said wrapper omit any of the declarations required on the principal label.

An illustration of this ruling is found in the examination of a recent importation on the principal label of which it is stated that salicylic acid was used in the preparation of the sample. The package is inclosed in a wrapper on which is found a part of the label, namely, the name of the substance together with the name of the manufacturer, but no statement of the fact that salicylic acid was used in its preparation. Inasmuch as these packages may be sold without the removal of the wrapper, the wrappers would not in their present form convey the necessary information to the purchaser and consumer.

The provisions of this decision will be enforced on and after January 1, 1906.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _October 14, 1905_.

F. I. D. 32.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISION 32.

FOODS ENTERED FOR THE PURPOSE OF SALE TO OUTGOING SHIPS.

An importer has made the following statement relating to the labeling of certain products, namely:

We should like, however, to point out to you that our trade is one by itself, and these goods, and mostly all the other goods that we import, are not for consumption in the United States, but are shipped by us on board foreign-going vessels. Our business is the ship-supply trade, and these importations are brought in to enable us to give the same supplies to the different vessels as we are in the habit of furnishing in Great Britain. Under the circumstances, therefore, we hope if we furnish bonds or give you a guarantee that any goods, such as marmalade, imported by us would not be consumed in the United States it would enable you to pass the goods as they have been of late.

This is a case similar to F. I. D. 25, “Food Products Offered for Entry and Afterwards Declared to be for Technical Purposes.” The principle involved is that a declaration respecting the uses to which a food may be put does not in any way affect its inspection when offered for entry and delivered to the consignee. If a food product be regularly offered for importation into the United States the subsequent use to which it may be put is not a matter which can affect in any way the duties of the inspecting officers. It is not the duty of these officers to follow the food into consumption nor to see what becomes of it after it is delivered to the consignee. The duty of these officers is to see that the food at the time of inspection conforms to the provisions of the law, that it has had no injurious substance added to it, that it is in a state fit for consumption, that it is properly labeled, and that it is not of a character forbidden sale or restricted in sale in the country where it is made or from which it is exported. If the foods in question conform to these provisions of the law, they are permitted to be delivered to the consignee. The purpose of the consignee in securing the goods and the disposition which he makes of them after they are secured do not appear to have any bearing upon the subject of the inspection itself. In the present case it is declared that the goods are intended to be sold to outgoing steamships. At the time of sailing these steamships are subject to the laws of the United States. The provisioning of these ships is made under the laws of the United States with articles of food produced in or imported into the United States.

In the enforcement of the law it makes no difference whether the foods are intended for disposition in this way or for ordinary consumption. If it is desired to use such foods for transshipment, they could be entered in bond, never passed through the custom-house, and removed from bond and reshipped. If the foods are treated in this way, and thus never brought within the jurisdiction of the United States, this Department will have no control over them in any way whatever. They would remain solely under the control of the Treasury Department, and that Department would see to it that they were reshipped beyond the jurisdiction of the United States. Even in this case it does not seem, however, that it would be possible to sell such goods for consumption on ships carrying the American flag. The application of the importer for a special ruling, therefore, in such cases is denied.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _October 30, 1905_.

F. I. D. 33-36.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 33-36.

(F. I. D. 33.)

THE IMPORTATION OF A BEVERAGE UNDER A MISLEADING NAME.

A shipment of food product has been offered for importation labeled _Raspberry Vinegar_. On notice that it was held for inspection, a representative of the importer appeared and stated that the substance was not a vinegar, but a drink, and intended to be used as a beverage. In this case the material is held to be misbranded, as a vinegar is never intended for a beverage, but only as a condiment.

Notice is given that after May 1, 1906, importations of this description, or similar thereto, will not be admitted if misbranded in the manner mentioned. The name of the article, if descriptive, must indicate its true character. It is suggested that the term _Raspberry Beverage_ is a suitable designation. It will be held, however, that if so labeled it must be a beverage made solely from raspberries or raspberry juice, and not preserved with any substance unmentioned on the label, except sugar, vinegar, or spices. Any substance added to such a product must not be injurious to health nor in violation of the laws of the country whence it comes.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 16, 1906_.

(F. I. D. 34.)

PRESERVATIVES IN SAUSAGES.

An importer has made the following request:

About two years ago we had some difficulty with the Department of Agriculture on account of an added preservative or acid being found in German Frankfurter sausages. Our manufacturer has discontinued using any preservative, and we find that the sausages do not keep very well without this added preservative. We would ask you to kindly let us know if there is any objection to our using salicylic acid, boracic acid, benzoic acid, or, in fact, any preservative, if it is plainly stated on the label.

Inasmuch as letters of this nature are occasionally received, it is deemed advisable to make a general statement concerning the attitude of this Department in matters of this kind. It is neither practicable nor advisable for the Department to act in the capacity of scientific adviser to any importer or manufacturer of food products. The Department should be left free in all cases to decide according to the existing law the fitness of any food product to be delivered to the consignee. It can not, therefore, advise in respect of the use of any preservative or any other added substance further than is done in the regular decisions published in this series. The addition of any preservative of any kind to a food product may be objected to for three reasons.

(1) It may be a case of misbranding when the added body is not mentioned on the label.

(2) The added substance itself may be deemed to be injurious to health either as the result of present knowledge or of subsequent investigations.

(3) The added substance may be forbidden by the laws of the country in which the foods are made or from which they are exported.

In the case of the German sausage referred to, both boric and salicylic acids are prohibited by the German laws. Boric acid has been declared by this Department to be injurious to health. It does not appear that there is any convincing reason for the use of any preservatives in sausages except the usual condimental ingredients--salt, vinegar, spices, and wood smoke.

Until the results of experiments conducted in the Bureau of Chemistry are declared, small quantities of benzoic acid and benzoates, salicylic acid and salicylates, sulfurous acid and sulfites and copper sulfate are permitted in food products when plainly declared upon the label and when not forbidden by the laws of the countries where the foods are produced or from which they are exported. With respect to sulfurous acid in wine, this decision is not intended to supplant the principles laid down in F. I. D. 28. This permission is given without prejudice to any future decision of the Department excluding such substances by reason of excessive quantity or as being prejudicial to health, or for other legal causes.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 16, 1906_.

(F. I. D. 35.)

MODIFYING IN CERTAIN CASES PROVISIONS IN F. I. D. 12 AND F. I. D. 26.

Experience has shown that in some cases the literal execution of the provisions of F. I. D. 12, of March 1, 1905, relating to first notice to importer, and of F. I. D. 26, relating to the date at which relabeling after arrival in the United States may be permitted, namely, September 1, 1905, may cause unnecessary annoyance and inconvenience. It is therefore ordered that these two decisions be modified to permit in certain cases the importation of an article not labeled strictly in harmony with the provisions of the food-inspection laws after it is relabeled in a manner satisfactory to the Department. Such action seems especially desirable at the smaller ports, where exact information respecting the requirements of the inspection of foods is not so easily obtainable.

F. I. D. 26 is also amended so that in certain cases importation after relabeling will be permitted. It is difficult to state exactly in what cases these amendments to F. I. D. 12 and F. I. D. 26 will be applied. In general, it may be said that where a food product is misbranded, but no substance deleterious to health has been added, and where neither the importer nor the shipper has had notice of the existence of the law or of its requirements, permission to relabel may be given. A similar permission will be extended to all food products already afloat at the time of receiving the first notice, or which are so advanced in shipment that they can not be countermanded by cable or otherwise. Other miscellaneous requests for permission to relabel will be decided upon the merits of the case presented, and permission to relabel be granted when it is evident that neither negligence nor indifference is responsible for the failure to secure a proper branding of the product. A similar permission will also be granted when it is apparent that the purpose of the law may thereby be fully accomplished. This action is not to be taken in case of food products containing added substances injurious to health or forbidden by the laws of the country from which the substance comes.

In this connection it is suggested to importers that all orders for food products in the United States be given subject to the passing of the inspection at the ports of entry. It will not be considered a sufficient excuse for the importation of improperly branded or otherwise objectionable food products to show that they were paid for before the inspection took place. The law has now been in force long enough to acquaint foreign exporters with its existence and domestic importers with its provisions. It is therefore held that paying for food products before inspection is completed will not be deemed a sufficient excuse for asking for the relabeling, remarking, or admission thereof.

There are certain other cases in which relabeling of an importation of food products may be permitted, but in no case will such a courtesy be extended where it is evident that either importer or exporter has had ample opportunity and notice to comply with the provisions of the law. Such cases include those where evidently honest attempts have been made to comply with the conditions of the law and where failure has been due to ignorance of the exact nature of the conditions required, or some unavoidable cause. These amendments are made to prevent unnecessary annoyance and hardships, and will not be construed in any way to excuse a failure to comply with the conditions of the law where it is evident that these conditions have been fully understood and opportunity afforded for their application.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 16, 1906_.

(F. I. D. 36.)

SUBSTANCES, ORDINARILY FOOD PRODUCTS, INTENDED FOR TECHNICAL PURPOSES.

The question has been raised on several occasions whether food products which are offered for importation for other purposes than to be used in foods are subject to the inspections of similar products when intended for consumption. It has been held (F. I. D. 32) that it is not the purpose of the law, nor is it possible, to follow the ordinary food product into consumption in order to determine to what use it is finally put. The law levying duty on olive oils specifically provides that when such oil is imported for mechanical purposes it is free from duty as an edible oil, provided it is in a condition of rancidity or other state which renders it unfit for consumption as human food. There is no statute covering a similar condition for other food products. It seems only reasonable, however, to apply this principle of law to other food products when it can be done without complicating the question of the ordinary inspection.

It is therefore held that a substance which ordinarily is considered a food product, when offered for importation for technical purposes may be admitted without inspection on the following conditions:

(1) That in the invoice and accompanying declaration it is specifically stated that the substance in question is to be devoted solely to technical use.

(2) That the substance be so denatured, either by natural or artificial means, as to render it unfit for consumption as human food.

This Department reserves the right to determine in any given case whether or not the denaturing process is of a character which would render it impracticable to recover the article in a form suitable for consumption as human food. When substances ordinarily food products are presented hereafter for import into this country with the invoice and declaration above mentioned and in the denatured condition specified, they will not be detained for inspection by this Department longer than is necessary to ascertain the above facts. A denaturing process will be held to be valid provided it so changes the taste of the food product as to make it impossible for it to be consumed for food purposes, as, for instance, by the addition of an excessive quantity of common salt or other denaturing agent which would impart a taste of such a character as to cause it to be rejected by any one attempting to consume it.

This decision shall not be considered in any way to change the opinion of this Department with reference to food products offered as such for importation and afterwards declared to be intended for technical purposes, as stated in F. I. D. 25, of June 21, 1905.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 18, 1906_.

F. I. D. 37-38.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 37-38.

(F. I. D. 37.)

LABELING OF CHOCOLATES.

The question of the proper marking of plain or bitter chocolates and sweet chocolates has arisen on several occasions in the inspection of imported food products, and, after full investigation of all the facts of the case and the relations of previous decisions thereto, it appears that the following points are established:

1. Chocolate, plain or bitter, is imported for cooking and not for directly edible purposes.

2. Sweet chocolates are imported practically as a candy or confection.

This question is covered to a certain extent in F. I. D. 26, section 8, which reads as follows:

8. The addition of the ordinary condimental substances to a food product, such as sugar, vinegar, salt, spices, and wood smoke, may be practiced without any notice to this effect appearing upon the label.

Section 9 limits the application of section 8. It reads as follows:

9. Food products of any given name are to correspond in quality to the standards established by authority of Congress for such products, and if they vary from this standard a notice to that effect is to appear upon the label.

It appears from the standards adopted by authority of Congress (Circular No. 13, Office of the Secretary) that chocolate, plain or bitter, can not have any substances added to it not noted in the standard and remain a standard product. If, therefore, chocolate, plain or bitter, have any starch or other substance added thereto for any purpose whatever, or sugar in insufficient quantities to make it a sweet chocolate, the addition of these bodies should be indicated by an appropriate statement on the label.

On the other hand, sweet chocolate, being intended for and plainly being a confection, would not require a statement to the effect that sugar had been added or a statement in regard to any of the other substances mentioned in the standard. If, however, any foreign substance other than that mentioned in the standard should be added to a sweet chocolate, a proper statement indicating that fact would be required upon the label.

This decision is given without prejudice to revision in case it should become advisable, as a result of experience, to further distinguish between these two bodies by some appropriate designation.

“Milk chocolate” will be considered as a sweet chocolate to which whole milk (fresh, evaporated, or desiccated) has been added.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 30, 1906_.

(F. I. D. 38.)

LABELING OF COCOAS.

Cocoas, in the preparation of which alkalis or other substances have been employed in order to increase the apparent solubility of the product, should bear on the label a declaration of such treatment. The phrase “Prepared with Alkali” (or alkalis) or “Manufactured with Alkali” (or alkalis), or some similar treatment, would be a sufficient notification. This declaration should also be in keeping with the provisions of F. I. D. 26. The denomination of such products as “soluble cocoas” will not answer, since the term “soluble,” as used in this connection, is, to a certain extent, misleading. The apparent increased solubility of products treated as above is due rather to the suspension of the particles than to their solubility. The descriptions of the manufacture of these products show that potassium carbonate, sodium carbonate, magnesium carbonate, ammonium carbonate, and ammonium hydroxid are the principal alkaline salts employed. Tartaric acid is also at times used to correct any undue alkalinity produced by these added substances. The subject of the wholesomeness of these added products is reserved for further consideration.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 30, 1906_.

F. I. D. 39.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

(F. I. D. 39.)

PRESERVATIVES AND ARTIFICIAL COLORS IN MACARONIS.

Inspection of recent importations of macaroni, noodles, and similar products has shown that these goods sometimes contain chemical preservatives, such as fluorids, which are regarded as injurious to health. A small amount of coloring matter is also frequently added to macaroni. It appears that Martius yellow is often used for coloring these products. This substance is held to be injurious to health and is so classed by the laws of several European countries, especially Italy, which has decreed that, among other colors, Martius yellow (dinitro yellow, naphthol yellow, Manchester yellow, saffron yellow, and gold yellow) must not be used in the preparation of foods. In view of this fact no importation of macaroni colored with Martius yellow or other colors forbidden by the Italian law, or preserved with fluorids or other preservatives injurious to health, will be permitted after June 1, 1906, and all importations of macaroni which contain any permissible coloring matter must be labeled with the words “Artificially colored,” in accordance with F. I. D. 26.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _May 1, 1906_.

F. I. D. 40-43.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 40-43.

(F. I. D. 40.)

FILING GUARANTY.

In order that both the Department and the manufacturer may be protected against fraud it is requested that all guaranties of a general character filed with the Secretary of Agriculture in harmony with Regulation 9, Rules and Regulations for the Enforcement of the Food and Drugs Act, June 30, 1906, be acknowledged before a notary or other official authorized to affix a seal. Attention is called to the fact that when a general guaranty has been thus filed every package of articles of food and drugs put up under the guaranty should bear the legend, “Guaranteed under the Food and Drugs Act, June 30, 1906,” and also the serial number assigned thereto, if the dealer is to receive the protection contemplated by the guaranty. No other word should go upon this legend or accompany it in any way. Particular attention is called to the fact that nothing should be placed upon the label, or in any printed matter accompanying it, indicating that the guaranty is made by the Department of Agriculture. The appearance of the serial number with the phrase above mentioned upon a label does not exempt it from inspection nor its guarantor from prosecution in case the article in question be found in any way to violate the food and drugs act of June 30, 1906.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _October 25, 1906_.

(F. I. D. 41.)

APPROVAL OF LABELS.

Numerous requests are referred to this Department for the approval of labels to be used in connection with articles of food and drugs under the food and drugs act of June 30, 1906. This act does not authorize the Secretary of Agriculture nor any agent of the Department to approve labels. The Department therefore will not give its approval to any label. Any printed matter upon the label implying that this Department has approved it will be without warrant. It is believed that with the law and the regulations before him the manufacturer will have no difficulty in arranging his label in harmony with the requirements set forth. If there be questions on which there is doubt respecting the general character of labels, decisions under the food and drugs act will be rendered, of a public character and published from time to time, covering such points.

Approved:

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _October 25, 1906_.

(F. I. D. 42.)

MIXING FLOURS.

The following communication has been received respecting the mixing of flours of different cereals:

In conformity with the custom of a century or more, the manufacturers of rye flour, in order to produce a lighter and more easily worked flour, have added a proportion of wheat flour to their rye and branded it “Rye Flour.”

This custom simply conforms to the consumers’ demand for a whiter loaf and from every standpoint is a perfectly legitimate operation.

Under the interpretation of the food and drugs act of June 30, 1906, apparent restrictions are placed upon this compounding, and I would therefore respectfully ask your ruling upon the following points:

1. Under this interpretation will it be necessary to add the word “compound” to the brands?

2. Will it be necessary in accordance with this interpretation to name in the brand the fact that a wheat admixture has been made, in addition to the use of the word “compound,” providing that word is necessary?

3. Referring to paragraph f, Regulation 17, which reads as follows:

“An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent,”

will it be permissible to still name the rye-wheat admixture “rye flour”?

The food and drugs act of June 30, 1906, and the rules and regulations made thereunder, provide for the proper marking of food product and penalties for misbranding.

The act also provides that a food product is not misbranded “in the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word ‘compound,’ ‘imitation,’ or ‘blend,’ as the case may be, is plainly stated on the package in which it is offered for sale.”

Keeping in view these provisions of the law, and rules and regulations made thereunder, it appears that the mixing of rye flour and wheat flour is not prohibited by the law provided the package is marked “compound” or “mixture,” the word standing alone and without qualification, and also if the label contain the information which shows that it is properly branded. The mixture may also be denominated a “blend” if rye flour and wheat flour be regarded as like substances. It is held that this information in the case mentioned would be a statement of the ingredients used in making the compound. It is further held that the use of an ingredient in small quantity simply for the purpose of naming it in the list of ingredients would be contrary to the intent of the law, and therefore that the ingredients must be used in quantities which would justify the appearance of their names upon the label. The statement made of the constituents used should be of a character to indicate plainly that the article is a compound, mixture, or blend.

It is evident from the above explanation that the naming of a mixture of this kind “rye flour” would be plainly a violation of the law and the regulations made thereunder.

Attention is called also to the act of Congress approved June 13, 1898, U. S. Revised Statutes, sections 36 to 49, inclusive, imposing special taxes under the supervision of the Commissioner of Internal Revenue on mixed flour.

Approved:

W. M. HAYS, _Acting Secretary_.

WASHINGTON, D. C., _October 30, 1906_.

(F. I. D. 43.)

RELABELING OF GOODS ON HAND.

The following is a type of numerous communications received concerning the operation of the food law:

The retail grocers of our city, as well as some of the jobbers, are very much concerned over stocks of canned goods and other similar goods they might have in stock on January 1, 1907, when the new pure-food act goes into effect.

We are under the impression that where there is nothing deleterious to health contained in such goods so held it is not the Department’s intention to interfere in any way, shape, or form with them.

Where these goods are held by retailers in our own city does this come within the jurisdiction of the National law, or is it controlled only by State laws?

Similar letters have been received relating to drugs, medicines, and other articles affected by the operation of the law. A general answer is deemed advisable, which, it is hoped, wilt cover the cases in question.

Section (_i_) of Regulation 17 provides that--

The regulation regarding the principal label will not be enforced until October 1, 1907, in the case of labels printed and now on hand, whenever any statement therein contained which is contrary to the food and drugs act, June 30, 1906, as to character of contents, shall be corrected by a supplemental label, stamp, or paster. All other labels now printed and on hand may be used without change until October 1, 1907.

It is held that under this regulation labels which contain statements relating to the name of manufacturer, the place of manufacture, etc., which are not in harmony with the general meaning of the law may be used if on hand on the 1st of January, 1907, the day on which the regulations become effective. Any statement, however, respecting the character of the contents which is false or misleading should be corrected as indicated. The correction should secure the obliteration of the misstatement either by placing the supplemental label or paster over it or obliterating it in some other way. If the goods contain artificial color or preservative other than ordinary condimental substances (salt, sugar, vinegar, wood smoke, spices, and condiments of all kinds), that fact should appear upon the supplemental stamp or paster. If any of the words required to be placed upon drugs and foods in the specific wording of the act do not appear upon the label, such as alcohol, opium, etc., it is held that the correction must include the enumeration of these substances, as provided for in Regulations 28 and 29.

If goods that are packed and sealed in a carton which contains the bottle or other package also sealed and labeled were not in the hands of the manufacturer after January 1, 1907, but had been already delivered to the jobber or dealer, it will be held sufficient to mark the external carton alone, provided the goods are sold only in the unbroken carton. If the container, however, holds a large number of separate packages, it will be necessary that each of the separate packages to be sold as such shall be labeled with the words required specifically by the act.

It must not be forgotten that Regulation 17, section (_i_), is for the purpose of avoiding the expense of relabeling articles already packed and branded at the time the regulations go into effect and which necessarily could not have been so packed and branded with any intent to evade the provisions of the law, and it is expected that jobbers and dealers will do everything in their power to bring the packages now on hand into as close harmony with the provisions of the act and the regulations made thereunder as possible.

All articles in the hands of manufacturers, jobbers, and dealers on the 1st day of January, 1907, which are sold wholly within the State in which they are found on that date are exempt from the provisions of the act. Thus the use of the supplemental label, stamp, or paster is required only on those articles which on or after the 1st day of January, 1907, enter interstate commerce or are offered for sale in the District of Columbia and the Territories. It is believed that the provisions of Regulation 17, section (_i_), can be complied with without great annoyance and expense. It will be deemed sufficient if the supplemental pasters and labels are attached at the time the goods are shipped beyond the State line, that is, they need not necessarily be attached to such article on the 1st day of January, but at any time thereafter when prepared for interstate commerce. Thus the labor of meeting this requirement will be distributed according to the exigencies of actual trade. On and after October 1, 1907, the label must be originally properly printed, and no further amendment will be considered.

Approved:

W. M. HAYS, _Acting Secretary_.

WASHINGTON, D. C., _November 6, 1906_.

F. I. D. 44-45. Issued December 4, 1906.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 44 AND 45.

(F. I. D. 44.)

SCOPE AND PURPOSE OF FOOD-INSPECTION DECISIONS.

From the tenor of many inquiries received in this Department it appears that many persons suppose that the answers to inquiries addressed to this Department, either in letters or in published decisions, have the force and effect of the rules and regulations for the enforcement of the food and drugs act of June 30, 1906. The following are illustrations of the inquiries received by this Department:

Must we stamp all goods as conforming to the drug and food law, whether they have alcohol and narcotics therein, or not?

On a brand of salad oil, which is a winter-strain cottonseed oil, can it be sold under the brand of salad oil, or must it state that it is cottonseed oil?

It seems highly desirable that an erroneous opinion of this kind should be corrected. The opinions or decisions of this Department do not add anything to the rules and regulations nor take anything away from them. They therefore are not to be considered in the light of rules and regulations. On the other hand, the decisions and opinions referred to express the attitude of this Department in relation to the interpretation of the law and the rules and regulations, and they are published for the information of the officials of the Department who may be charged with the execution of the law and especially to acquaint manufacturers, jobbers, and dealers with the attitude of this Department in these matters. They are therefore issued more in an advisory than in a mandatory spirit. It is clear that if the manufacturers, jobbers, and dealers interpret the rules and regulations in the same manner as they are interpreted by this Department, and follow that interpretation in their business transactions, no prosecution will lie against them. It needs no argument to show that the Secretary of Agriculture must himself come to a decision in every case before a prosecution can be initiated, since it is on his report that the district attorney is to begin a prosecution for the enforcement of the provisions of the act.

In so far as possible it is advisable that the opinions of this Department respecting the questions which arise may be published. It may often occur that the opinion of this Department is not that of the manufacturer, jobber, or dealer. In this case there is no obligation resting upon the manufacturer, jobber, or dealer to follow the line of procedure marked out or indicated by the opinion of this Department. Each one is entitled to his own opinion and interpretation and to assume the responsibility of acting in harmony therewith.

It may be proper to add that in reaching opinions and decisions on these cases the Department keeps constantly in view the two great purposes of the food and drugs act, namely, to prevent misbranding and to prohibit adulteration. From the tenor of the correspondence received at this Department and from the oral hearings which have been held, it is evident that an overwhelming majority of the manufacturers, jobbers, and dealers of this country are determined to do their utmost to conform to the provisions of the act, to support it in every particular, and to accede to the opinions of this Department respecting its construction. It is hoped, therefore, that the publication of the opinions and decisions of the Department will lead to the avoidance of litigation which might arise due to decisions which may be reached by this Department indicating violations of the act, violations which would not have occurred had the opinions and decisions of the Department been brought to the attention of the offender.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _December 1, 1906_.

(F. I. D. 45.)

BLENDED WHISKIES.

Many letters are received by the Department making inquiries concerning the proper method of labeling blended whisky. Manufacturers are anxious to know the construction placed by the Department upon this particular part of the food and drugs act of June 30, 1906, and to ascertain under what conditions the words “blended whisky” or “whiskies” may be used. The following quotation from one of these letters presents a particular case of a definite character:

On account of the uncertainty prevailing in our trade at the present time as to how to proceed under the pure-food law and regulations regarding what will be considered a blend of whiskies, I am taking the liberty of expressing to you to-day two samples of whisky made up as follows:

Sample A contains 51 percent of Bourbon whisky and 49 percent of neutral spirits. In this sample a small amount of burnt sugar is used for coloring, and a small amount of prune juice is used for flavoring, neither of which increases the volume to any great extent.

Sample B contains 51 percent of neutral spirits and 49 percent of Bourbon whisky. Burnt sugar is used for coloring, and prune juice is used for flavoring, neither of which increases the volume to any great extent.

I have marked these packages “blended whiskies” and want your ruling as to whether it is proper to thus brand and label such goods.

My inquiry is for the purpose of guiding the large manufacturing interests in the trade that I represent.

In a subsequent letter from the same writer the following additional statement is made:

The reason for wanting your decision or ruling in this matter is just this: No house in the trade can afford to put out goods and run the risk of seizure and later litigation by the Government on account of the odium that would be attached to fighting the food and drugs act.

The question presented is whether neutral spirits may be added to Bourbon whisky in varying quantities, colored and flavored, and the resulting mixture be labeled “blended _whiskies_.” To permit the use of the word “whiskies” in the described mixture is to admit that flavor and color can be added to neutral spirits and the resulting mixture be labeled “whisky.” The Department is of opinion that the mixtures presented can not legally be labeled either “blended whiskies” or “blended whisky.” The use of the plural of the word “whisky” in the first case is evidently improper for the reason that there is only one whisky in the mixture. If neutral spirit, also known as cologne spirit, silent spirit, or alcohol, be diluted with water to a proper proof for consumption and artificially colored and artificially flavored, it does not become a whisky, but a “spurious imitation” thereof, not entirely unlike that defined in section 3244, Revised Statutes. The mixture of such an imitation with a genuine article can not be regarded as a mixture of like substances within the letter and intent of the law.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _December 1, 1906_.

F. I. D. 46, as amended. Issued March 22, 1907.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISION 46, AS AMENDED.

FICTITIOUS FIRM NAMES.

F. I. D. 46, ISSUED ON DECEMBER 13, 1906, ON THE SUBJECT OF FICTITIOUS FIRM NAMES, IS HEREBY AMENDED TO READ AS FOLLOWS, FOR THE PURPOSE OF OBVIATING ANY AMBIGUITY THAT MAY HAVE EXISTED IN THE ORIGINAL DECISION. THE AMENDED PORTION IS SET IN ITALICS.

The following extract from a letter is typical of a question frequently asked:

In connection with our manufacture of flavoring extracts, we produce an article containing a certain percentage of artificial coumarin and vanillin. This product has been placed on the market under the name of ---- and Company, a fictitious firm, although dealers have always understood that it was our product. Is there any objection to our continuing to brand the product as manufactured by ---- and Company?

The same question has frequently been asked by importers who state that they desire to assume the responsibility for particular brands.

It has been held by the Attorney-General (F. I. D. 2) that--

the words “... Daisy Sugar Corn, ---- ---- Company, Milwaukee, Wis.,” clearly imply that the goods referred to are manufactured or prepared by that company in Wisconsin. The general public, unfamiliar with trade practices, would inevitably reach that conclusion.

Regulation 18 provides that if the name of the manufacturer and the place of manufacture be given, they must be the true name and the true place. If would appear, therefore, that the use of a fictitious name in such a manner that it would be understood to be the name of the manufacturer would be clearly a violation of Regulation 18. It is apparent that the provisions of Regulation 18 will not be fulfilled by the nominal incorporation of a fictitious firm. The regulations require that goods must be actually manufactured by the firm represented on the label as the manufacturer.

When a proper name, other than that of the manufacturer, is placed upon a label it must not be used in the possessive. For instance,

CHARLES GASTON’S OLIVE OIL BORDEAUX

can only be properly used on an oil manufactured by Charles Gaston at Bordeaux. The same is true if the designation

GASTON’S OLIVE OIL BORDEAUX

be employed.

On the other hand, the word “Gaston” might be used in an adjective sense, and not in the possessive case as qualifying the words “olive oil,” in a manner that would indicate that it represented a brand and not a manufacturer, as

GASTON OLIVE OIL.

Or,

OLIVE OIL, GASTON BRAND.

In such case, however, neither given name nor initials should be employed. The word “Gaston” should be in the same type as “olive oil” and in equal prominence, thus forming a part of the label.

_The phrase “Olive Oil, Charles Gaston Brand,” may be used, in which case the name of the actual manufacturer should appear, in order that no false indication of the name of the person or firm manufacturing the product may be given._

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _February 21, 1907_.

(F. I. D. 47.)

FLAVORING EXTRACTS.

The percentage of alcohol is not required to be stated in the case of extracts sold for the preparation of foods only. It is held, however, that extracts which are sold or used for any medicinal purpose whatever should have the percentage of alcohol stated on the label.

Numerous inquiries are received regarding the proper designation of products made in imitation of flavoring extracts or in imitation of flavors. Such products include “Imitation vanilla flavor,” which is made from such products as tonka extract, coumarin, and vanillin, with or without vanilla extract. They may also include numerous preparations made from synthetic fruit ethers intended to imitate strawberry, banana, pineapple, etc. Such products should not be so designated as to convey the impression that they have any relation to the flavor prepared from the fruit. Even when it is not practicable to prepare the flavor directly from the fruit, “imitation” is a better term than “artificial.”

These imitation products should not be designated by terms which indicate in any way by similarity of name that they are prepared from a natural fruit or from a standard flavor. The term “venallos,” for instance, would not be a proper descriptive name for a preparation intended to imitate vanilla extract. Such products should either be designated by their true names, such as “vanilla and vanillin flavor,” “vanillin and coumarin flavor,” or by such terms as “imitation vanilla flavor” or “vanilla substitute.”

Articles in the preparation of which such substitutes are employed should not be labeled as if they were prepared from standard flavors or from the fruits themselves. For instance, ice cream flavored with imitation strawberry flavor should not be designated as “strawberry ice cream.” If sold as strawberry ice cream without a label the product would appear to be in violation of Regulation 22.

Artificial colors should be declared whenever present.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _December 13, 1906_.

(F. I. D. 48.)

SUBSTANCES USED IN THE PREPARATION OF FOODS.

The following letter was recently received at the Department of Agriculture:

We import a preparation of gelatin preserved with sulfurous acid for the purpose of fining wine. This gelatin is not used as a food and does not remain in the wine, although a small amount of the sulfurous acid may be left in the wine. Please inform us if the sale of this product is a violation of the food law.

It is held that the products commonly added to foods in their preparation are properly classed as foods and come within the scope of the food and drugs act. The Department can not follow a food product into consumption in order to determine the use to which it is put. Pending a decision on the wholesomeness of sulfurous acid as provided in Regulation 15 (_b_), its presence should be declared.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _December 13, 1906_.

F. I. D. 49-53. Issued February 18, 1907.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 49-53.

49. TIME REQUIRED TO REACH DECISIONS ON DIFFERENT PROBLEMS CONNECTED WITH THE FOOD AND DRUGS ACT, JUNE 30, 1906. 50. IMITATION COFFEE. 51. COLORING OF BUTTER AND CHEESE. 52. FORM OF LABEL. 53. FORMULA ON THE LABEL OF DRUGS.

(F. I. D. 49.)

TIME REQUIRED TO REACH DECISIONS ON DIFFERENT PROBLEMS CONNECTED WITH THE FOOD AND DRUGS ACT, JUNE 30, 1906.

Many letters have reached the Department asking for action on very important questions connected with the food and drugs act which require much study and time to secure all the facts necessary to the rendering of a just decision. It is quite impossible to answer all such letters in detail. The following general statement shows the attitude of the Department on questions of this kind:

All manufacturers and dealers have copies of the law and regulations or can secure them and study them carefully. Each manufacturer and dealer should conduct his business as nearly as possible in harmony with the law as he interprets it. When each particular problem involved reaches a solution in this Department, it is hoped it will be found that the manufacturers and jobbers have come also to a similar decision in the matter. Public notice will be given of each decision as it is issued, that the manufacturers and dealers may be informed and be able at once to place themselves in line with the decisions of the Department. In this way it is hoped that all injustice will be avoided in the execution of the law and everyone be given an opportunity to put himself right and to have due notice of decisions which may be made.

The Department will use every endeavor to reach prompt decisions, but must take time to collect the facts and subject them to a proper study; otherwise the decisions would not have the value which should attach to them in important matters affecting the execution of the law.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 8, 1907_.

(F. I. D. 50.)

IMITATION COFFEE.

A manufacturer writes as follows:

We beg to ask for your opinion as regards the hyphenated word “Cereal-Coffee,” and whether or not we are entitled to its use for a cereal substitute for coffee.... In our opinion the term “Cereal-Coffee” would come under the so-called trade-name and distinctive name.

It is held that since the product mentioned is not a coffee it can not properly be called by the term mentioned. Regulation 20 (d) provides that a distinctive name shall give no false indication of character. The use of the name “cereal-coffee” might be taken to indicate that the product is coffee or has the properties of coffee, and hence the use of this term does not comply with the definition of distinctive name. Even if the product consist in part of coffee, the name would not be correct. It is suggested that products of this nature be designated as “imitation coffee,” as provided in Regulation 21 (f). In such case the word “imitation” should be in uniform type, on uniform background, and should be given equal prominence with the word “coffee.”

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 18, 1907_.

(F. I. D. 51.)

COLORING OF BUTTER AND CHEESE.

Numerous inquiries, of which the following is an illustration, have been received by the Department:

Will you kindly inform me concerning the coloring of butter and cheese under the pure-food law? Would it be unlawful to color butter and cheese as now practiced?

The coloring of butter is specifically permitted in the law of August 2, 1886 (24 Stat., 209), and the coloring of cheese in the law of June 6, 1896 (29 Stat., 253). It is held by the Department that the food and drugs act does not repeal the provisions of the acts referred to above and the addition of harmless color to these substances may be practiced as therein provided, and that the presence of coloring matter specifically recognized by acts of Congress as a constituent is not required to be declared on the label.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 18, 1907_.

(F. I. D. 52.)

FORM OF LABEL.

The following is an extract from a letter recently received.

We do not understand the requirements of the regulations respecting the arrangement of labels; that is, the order in which the various features of the label should be arranged.

To meet the requests for the opinion of the Department regarding the proper arrangement of a label, the following order is suggested:

1. Name of substance or product.

2. In case of foods, words which indicate that the articles are compounds, mixtures, or blends, and the word “Imitation,” “Compound,” or “Blend,” as the case may be.

3. Statements designating the quantity or proportion of the ingredients enumerated in the law, or derivatives and preparations of same,[53] as mentioned under Regulation 28; also statements of other extraneous substances whose presence should be declared, such as harmless coloring matter, or any necessary statement regarding grade or quality.

[53] Attention is called to the fact that the declaration of alcohol and its derivatives is not required in foods.

(The statements specified in paragraphs 1, 2, and 3, should appear together without any intervening descriptive or explanatory matter.)

4. Name of manufacturer (if given).

5. Place of manufacture (if given, or when required in case of food mixtures or compounds bearing a distinctive name).

It is stated in Regulation 17 that if the name of the manufacturer and place of manufacture be given they should appear upon the principal label. Although the law does not require that the name of the manufacturer be given, or the place of manufacture, except in case of food mixtures and compounds having a distinctive name, it is held that if they are given they must be true, and should be placed with the required information on the principal label. The arrangement of the label is the same for both food and drug products and an example of each is given.

_Sample label for food product._ +--------------------------------------+ [Name of product.] | KETCHUP. | | | [Declaration required by | ARTIFICIALLY COLORED. | paragraphs 2 and 3.] | | | | | [Descriptive matter, if desired, but | | preferably at bottom of label.] | | | [Name of manufacturer, if | BLANK & CO., | given.] | | [Place of manufacture, if | PORTLAND, ME. | given.] | | | [Descriptive matter, if desired.] | +--------------------------------------+

_Sample label for drug product._ +--------------------------------------+ [Name of product.] | COUGH SYRUP. | | | [Declarations required by | ALCOHOL, 10 PERCENT. | paragraphs 2 and 3.] | MORPHIN, ¹⁄₂ GRAIN PER | | OUNCE. | | CHLOROFORM, 40 MINIMS | | PER OUNCE. | | | | [Descriptive matter, if desired, but | | preferably at bottom of label.] | | | [Name of manufacturer, if | JOHN JONES & CO., | given.] | | [Place of manufacture, if | WASHINGTON, D. C. | given.] | | | [Descriptive matter, if desired.] | +--------------------------------------+

Any descriptive or explanatory matter that may appear on the principal label, therefore, should be placed at the bottom of the label, or between No. 3 and No. 4, and should be clearly separated from other features of the label by means of a suitable line or space. Statements regarding the reason for using alcohol, artificial coloring matter, and other extraneous substances, come under the head of descriptive or explanatory matter, and should not be interspersed with the declarations required under Nos. 2 and 3.

The information called for under No. 3 should be so worded as to give only the required information, as, for example, “alcohol 17 percent” or “artificially colored.” All numbers used in expressing quantity or proportion of substances required to be stated (see Regulation 28) should be expressed in the Arabic notation.

Each substance required to be declared under No. 3 should be printed on a separate line and in type specified in Regulation 17 (c).

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 18, 1907_.

(F. I. D. 53.)

FORMULA ON THE LABEL OF DRUGS.

Many inquiries are received relative to the necessity of giving the formula of medicinal remedies on the label. The following is typical:

I should like to know if it will be necessary for me to state on a label the name of the products from which I prepare my proprietary medicine in order to conform with the pure food and drugs act. If I do this, it will prohibit me from manufacturing and selling a remedy which is a secret of my own; and anyone buying it could, from the label, tell what ingredients were used in its preparation and make his own supply of this medicine. How does the United States Government expect to protect those who have secret medicinal preparations they wish to sell at a profit? If the Pure Food Commission desires, I will send them a sample bottle of my medicine for their inspection and approval.

The food and drugs act, June 30, 1906, does not require the formula of drug products to be given on the label, but requires only that the quantity or proportion of the ingredients enumerated in the law, and derivatives and preparation of same (Regulation 28), shall be clearly set forth on the label or labels of all preparations used for the treatment or prevention of disease, either internally or externally, for man or other animals. This includes sample packages as well as regular trade packages.

The question is also frequently asked whether a medicinal preparation would be exempt from the operation of the law if the formula were given on the label. The formula on the label is very desirable, but this information is not required by the law. The act forbids the use of any statement, design, or device in connection with any drug product which is false or misleading in any particular. A defect of this kind would not be corrected by giving the formula on the label. If the formula is given, it must be the correct and complete formula. It is held that, in addition to those substances required by the act to be named, if only a part of the active medicinal agents used in the manufacture of a drug product are set forth on the label, such a procedure is misleading and therefore forbidden by the law. All drug products and their labels must conform to the act, whether the formula is or is not given on the label.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _January 28, 1907_.

F. I. D. 54-59. Issued March 23, 1907.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY, CHIEF OF BUREAU.

FOOD INSPECTION DECISIONS 54-59.

54. DECLARATION OF THE QUANTITY OR PROPORTION OF ALCOHOL PRESENT IN DRUG PRODUCTS. 55. METHOD OF STATING QUANTITY OR PROPORTION OF PREPARATIONS (CONTAINING OPIUM, MORPHIN, ETC.) USED IN MANUFACTURING OTHER PREPARATIONS. 56. NAMES TO BE EMPLOYED IN DECLARING THE AMOUNT OF THE INGREDIENTS AS REQUIRED BY THE LAW. 57. PHYSICIANS’ PRESCRIPTIONS: THE STATUS OF PACKAGES COMPOUNDED ACCORDING TO PHYSICIANS’ PRESCRIPTIONS AND ENTERING INTO INTERSTATE COMMERCE. 58. THE LABELING OF PRODUCTS USED AS FOOD AND DRUGS AS WELL AS FOR TECHNICAL AND OTHER PURPOSES. 59. NATIONAL FORMULARY APPENDIX.

(F. I. D. 54.)

DECLARATION OF THE QUANTITY OR PROPORTION OF ALCOHOL PRESENT IN DRUG PRODUCTS.

The question of stating the percentage of alcohol present in drug products has caused a multitude of inquiries. The following questions along this line serve as examples:

Is it necessary to give the amount of alcohol present in U. S. Pharmacopœial or National Formulary products? It seems to me that such a requirement is absurd, and not contemplated within the spirit of the act. None of them are patent medicines. Will I be compelled to tell how much alcohol is present in such goods?

If we apply for and obtain a serial number, must we in addition to putting this number on our labels state the percent of alcohol?

Will it be necessary to give the percent of alcohol present in such products as ether, chloroform, collodion, spirit of nitrous ether, and similar preparations?

The law is specific on the subject of declaring the amount of alcohol present in medicinal agents, as can readily be seen from the following language: “An article shall also be deemed misbranded ... if the package fail to bear a statement on the label of the quantity or proportion of any alcohol ... contained therein. No medicinal preparations are exempt, whether they are made according to formulæ given in the U. S. Pharmacopœia or National Formulary or formulæ taken from any other source. The serial number, with or without the guarantee legend, does not exempt a preparation from this requirement. The law does not make any statement as to the amount of alcohol that may or may not be employed. It requires, however, that whatever amount be present shall be set forth on the label. The percentage of alcohol given on the label should be the percentage of absolute alcohol by volume contained in the finished product. The manner in which it should be printed is shown in F. I. D. 52.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 55.)

METHOD OF STATING QUANTITY OR PROPORTION OF PREPARATIONS (CONTAINING OPIUM, MORPHIN, ETC.) USED IN MANUFACTURING OTHER PREPARATIONS.

Many inquiries are received as to the method of stating the quantity or proportion of preparations (containing opium, morphin, etc.) used in the manufacture of other preparations. Of these the following are typical:

If the label on the bottle were to bear the words “Tincture of Opium,” I reason that as this is a definite preparation, constituting a preparation of opium, and so definite as to its composition that to any intelligent person it expresses definitely all that it is desirable to express, the use of this title alone should be sufficient. I feel that as a preparation it is distinct from opium, and if this particular tincture is used in the manufacture of a preparation the mention of it alone should be sufficient.

Where extract or tincture of cannabis indica, or extract of opium, is employed in making other drug products, would it not be complying with the law if the use of such articles be clearly indicated on the label as prescribed by the law, or is it necessary to give the actual amounts of the drugs themselves represented by these preparations?

Names of drug products bearing any of the names of the ingredients enumerated in the act are construed as representing “preparations” within the meaning of the act; and if the same are clearly declared upon the label as required by Regulations 17 and 30, it will not be necessary to give the actual amount of the primary drugs used or represented by such article. It is desirable, however, that the word or words used in the law shall constitute the first part of the name of the product. For example: “Opium, Tincture of;” “Cannabis Indica, Extract of,” followed by the amount of tincture or extract used.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 56.)

NAMES TO BE EMPLOYED IN DECLARING THE AMOUNT OF THE INGREDIENTS AS REQUIRED BY THE LAW.

Many inquiries are coming to this Department relative to the names that may be employed in declaring the quantity or proportion of the ingredients, as required by Congress.

The following are representative:

The word “alcohol” has received so much unfavorable notoriety during the last few years that we hesitate to place it upon our labels. Could we not employ some other words in place of it, such as “cologne spirits,” “spirits of wine,” “pure grain alcohol,” etc.?

Would it be satisfactory for us to use “Phenylacetamid,” or the following formula, C₆H₅(CH₃CO), for the chemical acetanilid?

One of our preparations contains trichlorethidene ethyl alcoholate, which would undoubtedly under the law be considered a derivative of chloral hydrate. Will it be satisfactory for us to use this name on our trade packages in giving the amount of this chemical present in the product?

In the manufacture of some of our products we use opium. It would, however, be a financial loss to state this fact on the label. Could we not say this preparation contains 20 grains of the concentrated extract of the _Papaver somniferum_ to the fluid ounce?

Dover’s powder is mentioned in the regulations as one of the preparations of opium. It would seem sufficient at first glance that Dover’s powder as a preparation, if mentioned on the label, would be all that could be required as to opium.

One of the objects of the law is to inform the consumer of the presence of certain drugs in medicines, and the above terms do not give the average person any idea as to the presence or absence of such drugs. In enumerating the ingredients, the quantity or proportion of which is required to be given upon the principal label of any medicinal preparation in which such ingredients may be present, the act uses only common names, and the permission to use any but such common names for any ingredients required to be declared upon the label is neither expressed nor implied in any part of the law.

The term used for acetanilid is “acetanilid” and not phenylacetamid. No reference is made to the use of the chemical formula in designating the presence of chemicals. The words “chloral hydrate” appear in the act, but not the chemical name trichlorethidene glycol. It can readily be seen that if the act were not closely adhered to in this connection there would soon be such a confusion and multiplicity of names and phrases that one of the objects of the act would be defeated.

The names to be employed in stating the quantity or proportion of the ingredients required by the act to appear on the label of all medicinal preparations containing same are--

First. Those used in the law for the articles enumerated; example, “alcohol,” not “spiritus rectificatus.”

Second. In the case of derivatives: (_a_) The name of the parent substance used in the act should constitute part of the name; example, “chloral acetone,” not “trichlorethidene dimethyl ketone.” (_b_) The trade-name, accompanied in parentheses by the name of the parent substance; example, “dionin (morphin derivative).”

Third. Names of preparations containing the name of some ingredient used in the act. In such cases the name used in the act should constitute the first portion of the name of the preparation. (See F. I. D. 55.)

Fourth. Common names (such as laudanum, Dover’s powder, etc.) of preparations containing an ingredient enumerated in the law, provided such name or names are accompanied in parentheses by some such phrase as “preparation of opium” or “opium preparation,” followed by the number of minims or grains, as specified in the regulations; for instance, “laudanum (preparation of opium), 40 minims per ounce.”

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 57.)

PHYSICIANS’ PRESCRIPTIONS.

THE STATUS OF PACKAGES COMPOUNDED ACCORDING TO PHYSICIANS’ PRESCRIPTIONS AND ENTERING INTO INTERSTATE COMMERCE.

Packages resulting from the compounding of physicians’ prescriptions under the food and drugs act are the subject of many queries, of which the following are representative:

If a druggist compounds a physician’s prescription and sends it into an adjoining State, will it be necessary to state upon the label the amount of alcohol, morphin, etc., that may be present?

Supposing a regularly licensed practicing physician has patients located in various States of the Union and supplies medicines to them through the mails, by express, and otherwise, do such packages come under the provisions of the law, and, if so, can the required information be given in pen and ink on the label?

We treat drug addictions on a very gradual tonic treatment reduction plan. For instance, if John Doe writes for information as to the home treatment for his addiction, I send him a symptom blank which contains, among other questions, an inquiry as to the kind of drug he uses, how he uses it, the length of time he has used it, etc. In addition to giving me a complete history of his case, he states he is using 10 grains of sulf. of morphin (each twenty-four hours), hypodermically or internally, as the case may be. In prescribing in his case I immediately put him on just one-half of the amount he reports as his daily allowance, combining same with a bitter tonic.

It is necessary for the reduction in drug cases to be made without the patient’s knowledge. It is, of course, understood by all physicians that you can not trust a drug habitué to properly make his own reductions, for, as a matter of fact, if he knew to what extent I was reducing his daily allowance of opiates, he would imagine the reduction too rapid, he would get frightened, and would take to his former drug for relief. Treatment prepared in this way I do not think would come under the head of a proprietary preparation or a patent medicine, as I prescribe the contents of each bottle to meet the requirements of each individual patient. All instructions as to the conduct of treatment and the use of auxiliary remedies are given by letter; consequently there are no printed labels or cartons containing any claims concerning the efficacy of this treatment.

I would be pleased to have you inform me whether in your opinion I would be violating the pure-food law in any manner, shape, or form should I continue to label my preparations as I am now doing, and in having them prepared in ---- and forwarded direct to my patients in this and other States.

If a package compounded according to a physician’s prescription be shipped, sent, or transported from any State or Territory or the District of Columbia to another State or Territory or the District of Columbia by a compounder, druggist, physician, or their agents, by mail, express, freight, or otherwise, the label upon such package is required to bear the information called for by Congress. If, however, the patient himself, or a member of his household, or the physician himself carries such package across a State line, and such package is not subject to sale, it is held that such package need not be marked so as to conform with the law, because such a transaction is not considered one of interstate commerce.

The package may be marked so as to comply with the act by either stamp, pen and ink, or typewriter, provided all such written matter is distinctly legible and on the principal label, as prescribed in Regulation 17.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 58.)

THE LABELING OF PRODUCTS USED AS FOODS AND DRUGS AS WELL AS FOR TECHNICAL AND OTHER PURPOSES.

Frequent requests for information relative to the proper labeling of products bearing the names of foods and drugs, but used also for technical and other purposes, are received. The following are typical:

We will kindly ask you to advise us in regard to the new law that governs the line of oils. We manufacture a compound product, so-called “turpentine,” which contains pure turpentine and a very fine petroleum product. It is used in most branches where pure turpentine is used, with the exception of medicinal purposes, for which we do not sell it.

We understand that if we were to sell any cottonseed oil so branded as to indicate that it was intended to be used as a food, as, for example, under the brand “Blank Salad Oil,” it would be necessary to observe the requirements of the law referred to; but we are in doubt and would be glad to have your opinion as to whether a sale or shipment of this oil (for lubricating purposes) under the ordinary trade-brand of cottonseed oil, and without anything to indicate that it was of a quality suitable for use as a salad oil, would subject us to the provisions of the act.

During personal interviews the question of marking chemical reagents has also been discussed.

Products used in the arts and for technical purposes are not subject to the food and drugs act. It is, however, a well-recognized fact that many articles are used indiscriminately for food, medicinal, and technical purposes. It is also well known that some products employed for technical purposes are adulterated or misbranded within the meaning of this act. Inasmuch as it is impossible to follow such products into consumption in order to determine to what use they are finally put, it is desirable that an article sold under a name commonly applied to such article for food, drug, and technical purposes be so labeled as to avoid possible mistakes. The ordinary name of a pure and normal product, whether sold for food, drug, technical, or other purposes, is all that is necessary. Pure cottonseed oil or turpentine may be sold without any restrictions whatever, whether such article is sold for food, medicinal, or technical purposes, but it is suggested that a cottonseed oil intended for lubricating purposes, or a so-called turpentine consisting of a mixture of turpentine and petroleum oils, used by the paint trade, be plainly marked so as to indicate that they are not to be employed for food or medicinal purposes. Such phrases as the following may be used: “Not for Food Purposes,” “Not for Medicinal Use,” or for “Technical Purposes Only,” or “For Lubricating Purposes,” etc.

In order to avoid complication it is suggested that chemical reagents sold as such be marked with such phrases as the following: “For Analytical Purposes,” or “Chemical Reagent,” etc.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 59.)

NATIONAL FORMULARY APPENDIX.

The National Formulary is one of the standards recognized under the law. The question has been asked a number of times whether the appendix of this authority would be construed as part and parcel of the book itself. On page iv of the preface it is distinctly stated that the formulæ collected in the appendix of the National Formulary are “no longer designated as ‘N. F.’ preparations.” This shows that these formulæ are not integral parts of the book under the law, which covers only those products of the National Formulary recognized as such by this authority. By this it is understood that if a drug product is sold under a name contained in the appendix of the National Formulary, it will not be necessary for such product either to conform to the standard indicated by the formula or to declare upon the label its own standard strength, quality, and purity if a different formula is employed in its manufacture. Such articles are, however, subject to the law in every other respect, as is the case of other medicinal products not recognized by the U. S. Pharmacopœia or National Formulary.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 13, 1907_.

(F. I. D. 60.)

MINOR BORDER IMPORTATIONS.

Inquiry has frequently been made regarding the application of Regulation 33 (requiring a declaration to be attached to the invoice) to foods and drugs brought into the United States in small quantities by farmers living near the border. One correspondent says:

Farmers along the border are in the habit of occasionally bringing in, in their own teams, maple sugar in small quantities, also butter and like articles of food products of their own raising, and offering the same for entry at the different offices on the frontier.... The main question is as to whether or not the affidavits and other proof required by the pure-food law shall be required in these instances of minor importations of this class of articles.

Considering the nature of these importations it is held that Regulation 33 does not apply to them and that they may be imported without the declaration. Such products are subject to inspection, however, and if found to be in violation of the law will be excluded.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 25, 1907_.

(F. I. D. 61.)

COCOA BUTTER SUBSTITUTES.

A manufacturer writes:

We use in the preparation of chocolate sticks a guaranteed pure production of cocoanut oil. May this product be sold merely as confectionery, and not as chocolate sticks? If not, would it be satisfactory for us to mark the product as “Chocolate sticks prepared with substitute butter”?

Regulation 22 prohibits the sale, or offer for sale, in interstate or foreign commerce or in the District of Columbia or in any Territory of the United States, of a food or drug product which bears no label whatever if said product be an imitation of or offered for sale under the name of another article. It would clearly be a violation of the law to sell an article which was made in imitation of chocolate, even though it be sold under the general name of a confection. Such an article should be labeled in such a manner as to correctly represent its true nature.

Regulation 25 (_a_) provides:

When a substance of a recognized quality commonly used in the preparation of a food or drug product is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label.

It is held that cocoa butter is the only fat that can be used in chocolate. The declaration of foreign fats merely as “substitute butter” is apparently not sufficient; the nature of the fat employed should be stated.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 25, 1907_.

(F. I. D. 62.)

GUARANTY ON IMPORTED PRODUCTS.

Many inquiries of the following type have been received by the Department:

We will take it as a favor if you will advise us if (since our goods are all imported and so must pass the custom-house before being sold) the fact of their having passed the customs authorities and the Department of Agriculture examination is not in itself a guaranty that they conform with the pure-food laws as defined by the act of Congress approved June 30, 1906, entitled “An act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, liquors,” etc.

The Department makes a systematic inspection of imported foods and drugs when they arrive at the custom-houses; and while such inspection does not include an examination of samples taken from every package of the aforesaid articles, it is sufficient to indicate that the article is suitable to enter the country and be sent into interstate commerce as long as it retains its identity in the unbroken package. If imported foods and drugs are taken from the original packages and repacked, they become subject to inspection as if of domestic origin, and the persons handling and selling said articles are not immune from prosecution in the event that a subsequent inspection discloses that all or any portion of said foods or drugs are adulterated or misbranded according to the provisions of said statute or the regulations made thereunder.

Only a wholesaler, jobber, manufacturer, or other party residing in the United States can give a guaranty within the meaning of said act. A foreign manufacturer or other foreign dealer can not give the guaranty prescribed in said law, nor can the agent of such foreign manufacturer or dealer give said guaranty unless such agent be a resident of the United States and unless he actually sells the goods covered by the guaranty.

The person who owns and sells imported goods can make a guaranty for the purpose aforesaid, though the goods may be shipped directly by the firm of whom the guarantor buys them to the customer of the guarantor.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 25, 1907_.

(F. I. D. 63.)

USE OF THE WORD “COMPOUND” IN NAMES OF DRUG PRODUCTS.

Many inquiries are received concerning the use of the word “compound” in names of drug products. There seems to be a general impression that this word can be applied as a corrective to many misbranded products. The following extracts serve as examples:

You have on file our formula (active agents--croton oil and cascara), and we would ask if it is possible to call the same “castor pill compound” and comply with the regulations?

This liniment has been in use for forty years. The ingredients, each separately and collectively, are sanitary and highly curative. The one ingredient after which it was named happens to be present in the least proportion. Can not the compound be called by the name “Compound Sassafras Cream”?

An eminent jurist writes:

I shall be glad to know the views entertained by your Department as to when a druggist has satisfied this act by a label or printed matter which he puts on the package or bottle in relation to a compound. Take, for example, the product put on the market as Cascarin Compound, or Aloin Compound. I am impressed with the fact that such label must have added a statement as to what the other ingredients of the compound are. This may not mean, and probably does not mean, that the formula must be given or the exact proportions, but a purchaser has the right to know what is in the compound in order to determine for himself, or to receive proper advice, as to whether it is safe to be used.

In no case can a preparation be named after an ingredient or drug which is not present. The word “compound” should not be used in connection with a name which in itself, or together with representations and designs accompanying same, would be construed as a form of misbranding under the act.

It is held that if a mixture of drugs is named after one or more but not all of the active medicinal constituents (not vehicle) present in a preparation, the word “compound” can be used in connection with the name, (_a_) provided the active constituent after which the product is named is present in an amount at least equal to that of any other active medicinal agent present. Example: If it is desired Lo make a mixture consisting of oil of sandalwood, balsam copaiba, and castor oil, and call this product “Oil of Sandalwood Compound,” the oil of sandalwood should constitute at least 33¹⁄₃ percent of the entire mixture. Or (_b_) provided the potent active constituent after which the product is named is present in sufficient amount to impart the preponderating medicinal effect. Example: If a product is named after the active constituent, strychnine, the strychnine or one of its salts should be present in sufficient amount to produce the preponderating medicinal effect of the preparation. Or (_c_) provided the complete quantitative formula, as outlined in the United States Pharmacopœia and National Formulary, be given on the principal label. A declaration of the complete quantitative formula, however, does not exempt the manufacturer or dealer from giving the information required by the act in the manner prescribed by the regulations. The ounce shall be the unit. The amounts of the ingredients present (excepting alcohol, which is to be stated in percent) shall be given in grains or minims, and if it is desired the metric equivalent may be given in addition.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 23, 1907_.

(F. I. D. 64.)

LABELING OF SARDINES.

Many inquiries have been made of this Department respecting the extent to which the term “sardine” can be used in food products entering into foreign or interstate commerce. The question of the proper labeling of fish of this kind was submitted by the Department to the Department of Commerce and Labor, Bureau of Fisheries. After reviewing the nomenclature and trade practices the Department of Commerce and Labor reached the following conclusion:

Commercially the name sardine has come to signify any small, canned, clupeoid fish; and the methods of preparation are so various that it is impossible to establish any absolute standard of quality. It appears to this Department that the purposes of the pure-food law will be carried out and the public fully protected if all sardines bear labels showing the place where produced and the nature of the ingredients used in preserving or flavoring the fish.

In harmony with the opinion of the experts of the Bureau of Fisheries, the Department of Agriculture holds that the term “sardine” may be applied to any small fish described above, and that the name “sardine” should be accompanied with the name of the country or State in which the fish are taken and prepared, and with a statement of the nature of the ingredients used in preserving or flavoring the fish.

It is held that a small fish of the clupeoid family, caught upon or near the shores of and packed in oil in Norway, or smoked and packed in oil, is properly labeled with the phrase “Norwegian Sardines in Oil,” or “Norwegian Smoked Sardines in Oil,” the nature of the oil being designated. In like manner a small fish of the clupeoid family caught upon or near the shores of and packed in France may be called “French Sardines in Oil,” the nature of the oil being specified. Following the same practice, a fish of the clupeoid family caught on or near the shores of and packed in the United States may be labeled “American Sardines Packed in Oil,” or “Maine Sardines Packed in Oil,” or be given some similar appellation, the nature of the oil being stated. It is suggested that the name of the particular fish to which the term sardine is to be applied should also be placed upon the label--for example, “Pilchard,” “Herring,” etc.

JAMES WILSON, _Secretary of Agriculture_.

WASHINGTON, D. C., _March 29, 1907_.

LIST OF FOOD INSPECTION DECISIONS.

F. I. D. 1-39 practically concern imported foods only and were not issued under the food and drugs act, June 30, 1906.

{ 40. Filing Guaranty. F. I. D. { 41. Approval of Labels. { 42. Mixing Flours. { 43. Relabeling of Goods on Hand.

F. I. D. { 44. Scope and Purpose of Food Inspection Decisions. { 45. Blended Whiskies.

{ 46. Fictitious Firm Names; also F. I. D. 46, as amended. F. I. D. { 47. Flavoring Extracts. { 48. Substances Used in the Preparation of Foods.

{ 49. Time Required to Reach Decisions on Different Problems { Connected with the Food and Drugs Act, June 30, 1906. { 50. Imitation Coffee. F. I. D. { 51. Coloring of Butter and Cheese. { 52. Form of Label. { 53. Formula on the Label of Drugs.

{ 54. Declaration of the Quantity or Proportion of Alcohol { Present in Drug Products. { 55. Method of Stating Quantity or Proportion of { Preparations (Containing Opium, Morphin, etc.) Used in { Manufacturing Other Preparations. { 56. Names to be Employed in Declaring the Amount of the { Ingredients as Required by the Law. F. I. D. { 57. Physicians’ Prescriptions: The Status of Packages { Compounded According to Physicians’ Prescriptions and { Entering into Interstate Commerce. { 58. The Labeling of Products Used as Food and Drugs as well { as for Technical and Other Purposes. { 59. National Formulary Appendix.

{ 60. Minor Border Importations. { 61. Cocoa Butter Substitutes. F. I. D. { 62. Guaranty on Imported Products. { 63. Use of the Word “Compound” in Names of Drug Products. { 64. Labeling of Sardines.

INDEX.

A.

Acid in fruits, 369 Acorn, 413 oil, 396 Adulteration, frequency, 57 Aerating agents, 251 Alcohol, in confectionery, 485 industrial, 297, 481 Alewife, 121 Allspice, 322 Almond oil, 396 Almonds, 414 Alum residues, character, 253 Amido bodies, 89 Anchovy, 122 Animals, preparation as food, 12 Anise, 323 Anona, 343 preserves, 344 Appendix A, food standards, 501 filled cheese, 517 B, regulations, food and drugs act, 522 food and drugs act, 533 C, meat inspection regulations, 538 meat inspection law, 556 D, food inspection decisions, 562 Applebutter, 385 Apples, 330 acidity, 330 adulterations, 330 composition, 331, 332 dietetic value, 332 dried, 335 evaporated, 335 length of harvest, 333 pectose content, 333 picking and care, 333 preparation for drying, 334 storage, 334 tannin content, 334 varieties, 330 Arrowroot, 317 Bermuda, 318 Madagascar, 319 South African, 320 Artichoke, 274 composition, 274 Jerusalem, 283 Ash, 9 of tropical fruits, 368 Asparagus, 275 Atropin, 448 Avocado, 344

B. Bacon, canned, 48 composition of canned, 48, 49 Baking powders, 251 alum, 252 cream of tartar, 252 phosphate, 252 residues, 253 Bananas, 345 composition, 347 Barley, 217 acreage and yield, 217 composition, 217 protein, 218 starch, 218 Bay leaf, 323 Bean, 275 butter, 276 green, 276 kidney, 276 Lima, 276 string, 276 Beans, adulteration of canned, 308 canned, 307, 312 composition of canned, 307 Bechi test, 66 Beechnuts, 415 Beef, adulteration of potted, 52 commercial cuts, 17 composition of canning, 43 potted, 53 extract, 79 names, 80 nitrogenous bodies, 79 nutritive properties, 80 fat crystals, 67 juice, 81 composition, 81 preservatives, 81 trade-names, 82 potted, 52 tea, 84 composition, 85 Beefsteak, 21 Bees, swarming, 488 Beet sugar, 456 historical, 457 manufacture, 461-464 Beets, 277 Berkshire pig, analytical data, 29, 30 percentages of parts, 31, 32 Biscuits, composition, 258 Black bass, 122 Black strap, 481 Blackberries, 342 Blood, preparations, 83 Bluefish, 122 Bondon cheese, 208 Bonnyclabber, 181 Brandied fruit, 385 Brazil-nut, 415 Bread, 249 comparative nutritive properties, 256 composition, 254, 255 quantity of ash, 256 of sugar, 256 typical, 255 varieties, 249 Breakfast foods, 267 classification, 268 composition, 268 value, 271 Brie, manufacture, 207 Brook trout, 149 Brown grease, 71 Brussels sprouts, 278 Buckwheat, 219 acreage, 219 adulterations, 221 cakes, 220 composition, 219 milling, 219 starch, 221 Butcher’s lard, 70 Butter, 182-187 adulterated, 186 affected by food, 186 coloring, 185 melting point, 186 renovated, 186 salting, 183 standard, 186 treatment, 182 Buttermilk, 181 Butternut, 416

C. Cabbage, 278 Cacao butter, 410 composition, 181 Cainito, 366 Cakes, 265 adulteration, 266 composition, 266 Calories, 9 Camembert, manufacture, 206 Candy, food value, 483 Cane sirup, 475 composition, 476 geographical distribution, 475 sugar, manufacture, 465, 466 Canna edulis, 318 Canned corn, adulteration, 228 souring and swelling, 312 Canning industries, importance, 386-388 Canning liquid, composition, 47 principles, 306 without parboiling, 47 Cans, character, 311 Cantaloupe, 284 Capers, 323 Capons, 103 Caraway, 323 Carcasses, preparation of, 14 Carp, 123 Carrot, 279 Casein, preparations, 215 Cashew, 348 Cassia, 323 buds, 323 Catfish, 123 Cauliflower, 279 Caviar, 145 Celery, 280 seed, 323 Cepe, 445 Ceylon oil, 411 Cheddar cheese, manufacture, 204 Cheese, 190-216 adulteration and misbranding, 192 American, 197 artificial coloring, 192 bacterial activity, 211 Cheddar, 203 chemical changes during ripening, 212-214 Cheshire, 203 comparative composition, 199 cottage, 195 cream, 201 curing, 200 digestibility, 214 effect of cold storage, 215 filled, 194 French varieties, 206 goats’ milk, 192 historical, 190 kinds, 191 manufacture, 196, 197 of foreign types, 201 preservatives, 194 principal English kinds, 203 quality of American, 200 raw materials, 194 sage, 203 salting, 199 Stilton, 203 Chemical leavening agents, 254 preservatives, preservation, 37 terms, explanation, 8 Cherries, 336 canned, 370 maraschino, 371 varieties, 337 Chicken, 95 adulteration, 103 of potted, 102 composition of white meat, 101 Chicken, preserved, 102 Chickens, artificial feeding, 99 drawn and undrawn, 100 fresh killed, 99 preparation for food, 96 preparing for market, 99 Chicks, influence of temperature, 97 market, 98 Chicory, 280 roasted, 280 Chinese nut, 417 Chestnut, 416 composition, 417 Cinnamon, 323 Citrus fruits, 348 Clams, 153 canned, 156 chowder, 79 soup, 79 Cloves, 323 Coconut butter, 411 oil, 411 Cod, composition, 125 common, 124 liver oil, adulteration, 166 salted and dried, 125 Codfish, 124 balls, 126 Cold storage, effect on meats, 35 Coloring, artificial, 380 matter, 55 indirect, 55 Colza oil, 407 Comb honey, 489 Condimental substance, curing, 35, 36 Condiments, 322 Confectionery, 482 alcohol forbidden, 486 manufacture, 482 materials, 482 mineral colors, 485 wholesomeness, 484 Confections, adulteration, 483 Conger eel, 127 Consumer, rights of, 14 Cooking, 3 Copper, in peas, 313 tests, 314 Copra oil, 411 Coriander, 324 Corn bread, 232 canned, 227 meal, 230 adulteration, 232 pudding, 257 Cottonseed oil, 397 Bechi test, 66 extraction with petroleum, 401 Halphen test, 65 magnitude of industry, 397 manufacture, 397, 398 refining, 399, 400 Crabs, 155 Crabs, canned, 156 Cramming machine, 111 Cranberry, 281 Crawfish, 156 Cream, 175 standards, 176 Creatin, 90 Cress, 281 Cucumber, 281 Curd, cutting, 198 forming, 197 gathering, 199 heating, 198 milling, 199 separating, 199 Cured meats, canned, 59 Cumin seed, 324 Cuts of beef, 15

D. Deviled meats, potted, 52 Dewberry, 342 Dill, 324 Dried meats, 85 Duck, 104 composition, 108 varieties, 105 Aylesbury, 105 Cayuga, 105 crested white, 105 East Indian, 105 gray, 105 Pekin, 105 Rover, 105 white call, 105 white Muscovy, 105

E. Edam cheese, 210 Edible oils, uses, 395 parts, names, 15 Eels, 126 Egg plant, 282 substitutes, 115 Eggs, 112 broken, 115 cold storage, 114 composition, 113 dried, 115 parasites, 116 poisonous principles, 116 preservation, 113 Emmenthaler cheese, manufacture, 207 Entire wheat flour, 244 Enzyme action, effect of low temperature, 23 Ether extract, 9

F. Fat, identification of meats, 25 Fat products, inedible, 70 test for adulteration, 51 Fennel, 324 Ferments, spontaneous, 250 Fiber, 9 Figs, 349 caprification, 350 composition, 349 Smyrna, 349 Filberts, 418 Fish, average composition, 151 canning, 152 classification, 117, 118 by composition, 120, 121 cold storage, 151 drying and salting, 152 edible portion, 119 eggs, composition, 146 food value, 153 marketing, 151 oils, 165 principal constituents, 119 products, adulteration, 152 Flavoring extracts, 326 Flavors, artificial, 380 Flesh, edible, 11 Flounder, summer, 127 Flour, 242 adulterations, 247 age, 248 bleaching, 247 commercial value, 244 composition, 245 special names, 243 standards, 248 substitutes, 248 varieties, 242 Fluorids in fish, 151 Foods, classification, 2, 7 composition, 6 condimental, 8 social functions, 5 Fowls, slaughtering, 111 Fresh meat, adulteration of canned, 57 delivery to consumers, 21 preservation, 23 Fruit, brandied, 385 butter, 385 definition, 326 selection, 375 sirups, 373 adulteration, 374 composition, 373 imitation, 374 Fruits, acid content, 369 adulteration of canned, 372 canned, 370 characteristics, 327 composition of ash, 376 crystallized, 483 nutritive uses, 328 sugar content, 369 Fungi, food value, 454

G. Garlic, 282 Geese, feeding, 106 Gelatine, 90 adulteration, 91 preparation, 90 raw materials, 90, 91 Gervais cheese, 208 Ginger, 324 Glucose, 479 harmful constituents, 485 used in honey, 493 Gluten, 241 flour, 244 separation, 245 testing, 246, 247 Goggle-eye, 135 Goose, 105 composition, 108 varieties, 106 Gooseberry, 342 Gorgonzola cheese, 211 Gourds, 282 Grape fruit, 351 composition, 351 Grapes, 337 composition, 338 Graylings, 128 Graham flour, 243 Green turtle, 157 soup, 79 Gruyère cheese, 210 Guava, 352 composition, 352 preserves, 352

H. Halibut, 128 Ham and bacon, adulteration of canned, 50 canned, 48 composition of canned, 48 Hake, 128 Halphen test, 65 Hazelnut, 419 oil, 401 Herring, 129 Hicaco, 352 Hickory-nut, 419 Hogfish, 130 Honey, adulteration, 493 ash, 492 cane sugar adulterant, 494 comb, 489 dextrose and levulose, 492 distribution of industry, 489 extracted, 490 glucose, 493 historical, 486 hives, 488 invert sugar content, 494 polarization, 491 preparation, 487 Honey, properties, 491 strained, 491 sucrose content, 492 water content, 491 Horse mackerel, 130 meat, canned, 57 composition, 58 detection, 58 Horse-radish, 283 Huckleberry, 342

I. Incubator, 96, 97 Indian corn, 222 acreage and yield, 222 adulteration of canned, 310 canned, 308 comparative digestibility, 257 composition of canned, 309 extent of canning industry, 309 starch, 229 varieties, 223 Infants’ foods, 497 composition, 499, 500 solid, 498 Inspection, 13 Intestines of hogs, disposition, 69 Introduction, 1 Invalids’ foods, 497, 498

J. Jams, 375, 376 adulteration, 378, 379 composition, 377, 378 compound, 383 Jellies, 375, 379 adulteration, 380 coloring, 380 composition, 380, 381 compound, 383 manufacture, 381 preservatives, 382 Jerusalem artichoke, 283

K. Kale, 283 Kedzie, farinometer, 246 Kephir, 179 Ketchup, colors, 317 refuse material, 317 tomato, 316 Kettle-rendered lard, 68 Kidney bean, 276 Koumiss, 179 Kumquat, 353

L. Lake herring, 130 Lamb chops, 22 Lamb, commercial cuts, 19 Lard, 63 adulteration, 65 chemical properties, 75 color reaction, 73 commercial classification, 68 composition, 64 crystals, 67 detection of adulterations, 65 leaf, 64 melting point, 73 names of kinds, 64 oil, 94 adulteration, 94 properties, 94 parts of fat used for making, 63 physical properties, 73 properties, 75 of adulterated, 76 rendering, 71, 72 rise of temperature, 73, 74 steam, 64 stearin, 71 summary, 76, 77 Leaf lard, 68 Leek, 284 Lemons, 353 Lethal dose, 39, 40 Lettuce, 284 Limburger cheese, 208 composition, 209 Lime, 354 juice, adulteration, 354 Loaves, size, 259 texture, 259 Lobster, 155 canned, 156

M. Macaroni, 260 composition, 260, 263 domestic, 260 manufacture, 263 Mace, 324 Mackerel, 131 Maize, 222, 223 composition, 223 early varieties, 227 flour, 230, 231 proteins, 227 variation, 227 Mamey Colorado, 354 de Santo Domingo, 355 Mango, 356 Maple sirup, 472 ash, 473 composition, 473 sugar, 467, 469 Maranon, 348 Marjoram, 325 Marmalade, 382 Meat broth, composition of ash, 86 Meat, chemical detection, 24 composition of fresh and canned, 46 detection of different kinds, 24 disposition of fragments, 23 dried, 25 extract, active principles, 86 adulteration, 86 kinds of preparations, 88, 89 nitrogenous bases, 88 relation of price and nutritive value, 87 food classification, 12 industry, magnitude, 61 juice, composition of ash, 86 microscopic appearance, 24 odor and taste, 24 preparation for canning, 40-41 Meats, 11 adulterations of comminuted, 54 deviled, 54 miscellaneous, 54 mixed, 54 potted, 54 effects of cold storage, 35 methods of preservation, 34, 35 pickled, 26 potted, 51 summary of data, 92, 93 Melons, 284 composition, 285, 286 Menhaden, 132 Milk, 169 average composition, 169 content of fat, 174 certified, 171 character of environment, 170 comparative composition, 175 curd test, 176 pasteurized, 173 preparation, 171 Mince meat, 494 adulteration, 495 pressed, 495 Mixed flour, 244 Mock turtle soup, 79 Modified milk, composition, 497 Molasses, 477 cane, 478 first, second, and third, 478 refinery, 479 sugar-house, 479 Mulberry, 343 Mullet, 132 Muscarine, 447 Mushroom, cepe, 445 common, 440 fairy ring, 443 fly amanita, 446 horse, 441 poisoning, 448 treatment, 448 shaggy, 442, 443 Mushrooms, adulteration, 449 canned, 449 composition, 432 condition of growth, 431 cultivation in France, 431 edible types, 440 food value, 454 historical, 429 mycelium, 430 pieces and stems, 449 poisonous and edible, 433, 434 removal of poison, 448 signs of edible and poisonous, 435-439 soil, 430 spawn, 430 spores, 430 varieties, 440 Muskallunge, 133 Muskmelon, 284 Mussel, 158 Mustard, 325 Mutton, commercial cuts, 19

N. Napoleon, decree relating to beet sugar, 457 Neat’s foot oil, 94 Neutral lard, 68 Nitrogenous bases, 88 Noodles, 270 Normal dose, 39, 40 Nutmeg, 325 Nuts as a diet, 428

O. Oats, 232 acreage and yield, 233 composition, 234 products, 234 protein, 234 ratio of kernel to hull, 233 starch, 236 Oatmeal, adulteration, 235 Oil, cod liver, 166 salmon, 166 sardine, 166 Oils and fats, chemical characteristics, 389, 390 crystalline characteristics, 391 melting point, 392 physical characteristics, 392 refractive index, 392 Reichert-Meissl number, 393 saponification value, 393 specific gravity, 393 vegetable, 389 animal, 165 distribution, 391 drying, 391 terrestrial animal, 93 Okra, 286 Oleomargarine, 187 adulteration, 189 composition, 190 Oleomargarine, manufacture, 189 materials, 188 production, 190 Olive kernel oil, 405 Olive oil, 402 adulteration, 402, 403 color, 403 constituents, 404 manufacture, 405 Onion, 286 Oranges, 357, 358 seedless, 359 Oyster, age, 159 cultivation, 159 floating, 162, 163 living, 160 proportion of shell, 161 season, 160 size, 159 soup, 78 Oysters, 158-161 adulteration, 164 average composition, 164

P. Palm oil, 412 Paprika, 325 Parboiling, 41 effect, 43-45 Parmesan cheese, 210 Parsnips, 287 Pâtés, composition, 54 Peach preserves, 385 Peaches, 339 canned, 371 cling, 341 composition, 341 free, 341 use, 341 varieties, 340 Peanolia, 421 Peanut butter, 412 oil, 406 Renard’s test, 406 starch, 322 Peanuts, 420 localities where grown, 422 Peas, 287 adulteration of canned, 313 canned, 312 composition of canned, 313 Pecan-nut, 424 Pectose, 330 Pepper, 325 black, 325 cayenne, 325 red, 325 white, 325 Permanganate of potash, 448 Pickerel, 132 Pieces of edible animals, names, 17 Pie fillers, 496 Pie fillers, adulteration, 496 Pigeon, domesticated, 107 Pigs, composition, 26, 27 general conclusions, 33 weight of parts, 26 Pig’s-foot grease, 71 Pike, 132 Pineapple, 360 adulteration, 361 Bahama, 363 canned, 362 composition, 363, 364 Florida, 364 Porto Rican, 364 Singapore, 365 Pine-nuts, 424 Pistachio, 426 Plantain meal, 319 Plums, 341 varieties, 342 Pomelo, 351 Pompano, 134 Pont L’Evêque cheese, 208 Popcorn, 225, 227 Pork, commercial cuts, 19, 20 important meat product, 33 Port du Salut cheese, 207 Porterhouse steak, 16 Poultry, application of name, 95 canned, 56 cold storage, 100 forced fattening, 109 importance of animal food, 108 increase in weight, 110 Potato starch as food, 322 manufacture, 296 Potatoes, 288 acreage, 289 ash, 294 composition, 290, 292, 293 effect of manure, 295 for alcohol, 296 German, 293 price, 289 starch, 291 sugar content, 290 sweet, 299 used in spirit manufacture, 297 white, 294 yield, 289 Potted tongue, 56 adulteration, 56 Preservatives in meats, 55 kinds used, 37 Preserved meats, 34 standard, 57 Preserves, 375, 384 Puff-balls, 444

Q. Quince, 342

R. Radish, 298 Rape oil, 407 adulterations, 408 manufacture, 408 Raspberry, 343 Ration, balanced, 5 definition, 4 Redeye, 135 Red snapper, 134 Reptiles, aquatic, 157 Rhubarb, 299 Rice, 236 acreage and yield, 236 starch, 236 Roast beef, 21 lamb, 22 Rock bass, 135 Rolls, 264 composition, 265 Romaine lettuce, 284 Roquefort cheese, 211 Rye, 237 acreage and yield, 237 bread, 239 composition, 238 flour, adulteration, 239 protein, 238

S. Saccharin, in canned corn, 311 in tomatoes, 314, 316 Saffron, 326 Sage, 326 Sago, 320 Salmon, 135-138 Atlantic coast, 137 blueback, 137 canned, 137 Chinook, 136 Pacific, 136 Sebago, 138 sockeye, 137 Salt rising, 251 Samples, preparation for analysis, 28 Sapodilla, 365 Sapota, 365 Sardines, 139 adulteration, 140, 141 California, 139 European, 139 French fisheries, 140 packed in oil, 140 Sausage, adulteration of canned, 60 canned, 59 composition, 59 Savory, 326 Scup, 141 Scuppernong grape vine, 337 Semolina, 263 Sesamé oil, 408 adulteration, 409 Baudouin’s test, 409 plant, 409 Shad, 141 roe, 143 composition, 143 Sheepshead, 143 Shrimps, 156 canned, 157 Sirup, cane, 475 maple, 472 sorghum, 476 Sirups, adulteration, 480 general observations, 481 mixed, 479 Skimmed milk, 176 Small quantities, argument, 38, 39 Smelt, 144 Sole, 146 Soluble meats, 82, 83 composition, 83 Sorghum sirup, 476 Soups, 77 composition, 78 preparation of stock, 77 Sour-sop, 343 Spaghetti, 270 Spanish mackerel, 144 Squash, 299 Star-apple, 366 Starch, 9 in sausages, 55 Starches, adulteration, 322 as foods, 317 Steam lard, 68 Sterilization, 42 Sterilizing meats, general observations, 62 Stilton cheese, manufacture, 205 Storage, length, 22 Strawberry, 343 Striped bass, 146 Sturgeon, 144 Sugar, 9 adulteration, 471 application of name, 455 as food, 472 beets, cultivation, 458 geographic area, 459 yield, 460 cane, growth, 465 corn, 226 lost in fermentation, 259 origin, 455 refining, 469, 470 world production, 471 Sunflower oil, 409 Sulfurous acid, 334 Sweet basil, 326 corn, 226 adulterations, 228 potatoes, 299, 300 acreage and yield, 303 average composition, 303 changes during storage, 302 composition, 301, 302 cultivation, 300 yield, 301 Sweet-sop, 344

T. Tamarind, 366 composition, 367 Tannin, 334 Tapioca, 320 adulteration, 321 Tautog, 147 Terrapin, 157 Tetanus germs, 91, 92 Thyme, 326 Tilefish, 147 Tinning, 42 Toadstools, 434 Tomatoes, adulteration of canned, 315 canned, 314 composition of canned, 315 Tongue, adulteration of canned, 50 canned, 50 Treacle, 481 Tropical fruits, ash, 367 Trout, 147 Truffles, 450 adulteration, 453 cultivation, 451 geographic distribution, 451 harvesting, 451, 452 properties, 453 varieties, 451 Tuberculosis, 13 Turbot, 149 Turkey, 107 adulteration of potted, 102 composition, 108 Turnip, 304

V. Veal, commercial cuts, 18 Vegetable, definition, 272 oils, edible, 393 Vegetables, canned, 305 succulent, 274 value, 273 Vegetarianism, 93

W. Wall-eyed pike, 134 Walnuts, 426 English, 427 white, 427 Watermelon, 284, 285 Weakfish, 149 Weight, relative of canned and fresh meat, 48 Wheat, 239 acreage and yield, 240 comparative digestibility, 257 composition, 240 products, 242 standards, 241 starch, 241 Whey, 179 composition, 179 Whitefish, 150 White grease, 70

X. Xanthin bases, 90

Y. Yam, 304 Yeast, 250 Yellow grease, 71

LIST OF BOOKS ON ANALYSIS OF FOODS; CHEMICAL PRODUCTS; DETECTION OF POISONS AND BACTERIA; FOODS AND DIET; SANITARY SCIENCE

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Sutton’s Volumetric Analysis.

A Systematic Handbook for the Quantitative Estimation of Chemical Substances by Measure, Applied to Liquids, Solids, and Gases. Adapted to the Requirements of Pure Chemical Research, Pathological Chemistry, Pharmacy, Metallurgy, Photography, etc., and for the Valuation of Substances Used in Commerce, Agriculture, and the Arts. By FRANCIS SUTTON, F.C.S. Ninth Edition, Revised and Improved. With 121 Illustrations. 8vo.

Cloth, $5.00

Thresh & Porter. Preservatives in Food and Food Examination.

By JOHN C. THRESH, M.D., Lecturer on Public Health, London Hospital Medical College, and ARTHUR E. PORTER, M.D., Assistant Medical Officer of Health and Chief Sanitary Inspector, City of Leeds. 48 Illustrations. Octavo; xv + 484 pages.

Cloth, $4.50

United States Pharmacopœia. Eighth Decennial Revision.

Cloth, $2.50; Sheep, $3.00; Flexible Leather, $3.50; Interleaved, Sheep, $4.00; Printed on one side of page only, Sheep, $4.00, or unbound, $3.50.

Foods and Diet.

Burnet. Foods and Dietaries.

A Manual of Clinical Dietetics. By R. W. BURNET, M.D., M.R.C.P., Physician to the Great Northern Central Hospital. With Appendix on Predigested Foods and Invalid Cookery. Full Directions as to Hours of Taking Nourishment, Quantity, etc. Fourth Edition, Revised.

Cloth, $1.50

Davis. Dietotherapy: Food in Health and Disease.

By NATHAN S. DAVIS, JR., A.M., M.D., Professor of Principles and Practice of Medicine in Northwestern University Medical School; Physician to Mercy Hospital, Chicago, etc. With Tables of Dietaries, Relative Value of Foods, etc. Octavo.

Cloth, $3.00

Dulles. Accidents and Emergencies.

A Manual of the Treatment of Surgical and Medical Emergencies. By C. W. DULLES, M.D., Surgeon to the Rush Hospital, formerly Assistant Surgeon 2d Regiment N. G. Pa., etc. Sixth edition, Revised. With Illustrations. 12mo.

Cloth, $1.00

Folsom. Entomology.

With Special Reference to Its Biological and Economic Aspects. By JUSTUS WATSON FOLSOM, SC.D. (Harvard), Instructor in Entomology at the University of Illinois. With five plates, one of which is Colored, and 300 other Illustrations in the Text. Octavo.

Cloth, $3.00

Haig. Diet and Food.

Considered in Relation to Strength and Power of Endurance, Training, and Athletics. By ALEXANDER HAIG, M.A., M.D. (Oxon.), F.R.C.P., Physician to Metropolitan Hospital, London. Fifth Edition, Revised. 7 Illustrations.

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Sanitary Science.

Newman. Bacteriology and the Public Health.

By GEORGE NEWMAN, M.D., F.R.S.E., D.P.H., Formerly Demonstrator of Bacteriology in King’s College, London, etc., Medical Officer of Health of the Metropolitan Borough of Finsbury; Joint-Author of “Bacteriology of Milk.” Third Edition. 31 Full-page Plates and 48 other Illustrations in the Text. Octavo.

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Notter. The Theory and Practice of Hygiene. Second Edition.

A Complete Treatise by J. LANE NOTTER, M.A., M.D., F.C.S., Fellow and Member of Council of the Sanitary Institute of Great Britain; Professor of Hygiene, Army Medical School; Examiner in Hygiene, University of Cambridge, etc.; and W. H. HORROCKS, M.D., B.SC. (Lond.), Assistant Professor of Hygiene, Army Medical School, Netley. Illustrated by 15 Lithographic Plates and 138 other Illustrations, and including many Useful Tables. Second Edition, Carefully Revised. Octavo. 1085 pages.

Cloth, $7.00

Parkes and Kenwood. Hygiene and Public Health.

A Practical Manual. By LOUIS C. PARKES, M.D., D.P.H. (Lond. Univ.), Lecturer on Public Health at St. George’s Hospital; Medical Officer of Health and Public Analyst, Borough of Chelsea, London, etc.; and HENRY KENWOOD, M.B., F.C.S., Assistant Professor of Public Health, University College, London, etc. Second Edition, Enlarged and Revised. 85 Illustrations. 12mo.

Cloth, $3.00

Rosenau. Disinfection and Disinfectants.

A Practical Guide for Sanitarians, Health and Quarantine Officers. By M. J. ROSENAU, M.D., Director of the Hygienic Laboratory and Passed Assistant Surgeon, U. S. Marine Hospital Service, Washington, D. C. Illustrated.

Cloth, $2.00

A French translation of this book has been published in Paris.

Transcriber’s Notes

Inconsistent, archaic, obsolete and unusual spelling, (deliberate) misspelling, hyphenation etc. in English as well as other languages have been retained, except as listed below. This includes proper names as well as scientific names of plants, animals and micro-organisms.

Depending on the hard- and software used to read this text and their settings, not all elements may display as intended. The larger tables may be legible in a wide window or on a wide screen only.

The differences in structure and wording between the Table of Contents and the text have not been standardised. Auto-generated tables of contents may therefore differ from the one on pages vii-ix in this text.

Except as listed below, The compositions of foodstuffs and other data are given as printed in the source document without further comment, but some values seem unlikely. Caution in the use of these values is recommended.

Advertisement “BY THE SAME AUTHOR”: this is the work referred to in the text as “the second volume” or “the companion volume”.

Page 18, “so as to include a considerable of the portion”: The word “part” or equivalent is missing.

Page 120, table Percentages of fat, heading “Containing between 60 and 70 percent of flesh”: possibly an error for “Containing between 60 and 50 percent of flesh”.

Page 176, “Normal milk contains ... and page 179, “Milk contaminated by the introduction of dust, ...: either the closing quote mark is missing, or the opening quote marks are erroneous.

Page 186, “butter must contain more than 16 percent water”: as printed in the source document, the word “not” is likely to be missing.

Page 198, “the whey being of a higher specific gravity than the curd”:as printed in the source document; probably an error for ... lower specific gravity....

Page 203, “Cheddar, double and single, Gloucester”: the second comma is probably erroneous.

Page 513, “one and forty-seven hundred and four ten-thousandths (1.4707)”: as printed in the source document.

Page 547, “after the final inspection of carcasses and parts are marked”: as printed in the source document.

Page 572, “for the presence of the usual condimentary substances”: “for” is probably an error for “or” or “nor”.

Page 607, ““An article shall also be deemed misbranded ...”: the source document has no closing quote mark.

Changes:

Tables and illustrations have been moved outside text paragraphs; footnotes have been moved to under the paragraph(s) or table(s) in which they are referenced. In some lists and tables the ditto mark („) or “Do.” has been replaced with the dittoed text. Some tables have been re-arranged or split; tables have been split in such a way that they may easily be re-combined.

Some obvious minor typographical, printing and punctuation errors have been corrected silently.

Page ix: “510-517” changed to “501-517”.

Page xi (list of plates): plate numbers added; “Arichide” changed to “Arachide” (also in plate itself).

Page 4: “through the cells walls” changed to “through the cell walls” as elsewhere.

Page 14: “any of the meat of flesh foods” changed to “any of the meat or flesh foods”.

Page 49, table: “Prosciutts” changed to “Prosciutto”.

Page 62: “pluro-pneumonia” changed to “pleuro-pneumonia”.

Page 81, table: “coaguable” changed to “coagulable”.

Page 120, first table: “black fish” changed to “blackfish” as elsewhere.

Page 135: “It belongs to the genus Orcorhynchus” changed to “It belongs to the genus Oncorhynchus”.

Page 164, second part of large table: the part of the table on this page has been formatted (underlining and indentation) to be consistent with the part on page 163.

Page 276: “to any other part of the world” changed to “in any other part of the world”.

Page 281: “Rorifa nasturtium” changed to “Rorippa nasturtium”.

Page 287: “than” inserted before “to botanical character”.

Page 318: “Tous le mois” changed to “Tous les mois”.

Page 319: “Musa paradisaica” changed to “Musa paradisiaca”.

Page 325: “Casson” changed to “Cosson”.

Page 336, table: heading “Percent” deleted from column No. of Samples.

Page 368 (table): “Caimito” changed to “Cainito”.

Page 384: “disastase” changed to “diastase” (2×).

Page 398: “local conditions effecting the seed” changed to “local conditions affecting the seed”.

Page 427: “used for dying homespun cloth” changed to “used for dyeing homespun cloth”.

Page 446: “Nouvel Atlas de Champignon” changed to “Nouvel Atlas de Champignons”.

Page 509: “Capsicum baccattum” changed to “Capsicum baccattum”.

Page 510: “Roripa armoracia” changed to “Rorippa armoracia”.

Page 512: “terpeneless oil or orange” changed to “terpeneless oil of orange”.

Page 547: “placed and in the retaining room” changed to “and placed in the retaining room”.

Page 577: “to have the plaster attached” changed to “to have the paster attached”.

Page 608: “Dover’s power is mentioned” changed to “Dover’s powder is mentioned”.

Index: spelling of some entries corrected to agree with the main text (e.g., pâté, pompano).