REPORT ON FOOD ADULTERATION FOR 1909.

BY W. M. ALLEN, STATE FOOD CHEMIST,

ASSISTED BY HAMPDEN HILL.*

A general statement, decisions of the court, an extract from the Food Law, rules on labeling, a notice regarding the action of the Commissioner relative to the use of benzoate in food, comments on the use of chemical preservatives in food, a summary of results obtained during previous years, and the results of the examination of food. products for the year 1909-constituting the tenth annual report under the Food Law-are presented in the following pages.

PROSECUTIONS UNDER THE FOOD LAW.

During the year eight violations have been sent to the State solicitors for prosecution under the Food Law. The following have been concluded, with the results stated below:

State v. Sol Caslar, in Buncombe County Superior Court, for the sale of adulterated vinegar. Defendant pleaded guilty and was fined $25 and cost.

State v. Peter Kernan, trading as Carolina Butter and Egg Company, in Buncombe County Superior Court, for the sale of adulterated butter. Defendant pleaded guilty, and was fined $50 and cost.

State v. James Dillingham, in Buncombe County Superior Court, for obstructing an officer in the performance of duty. Defendant pleaded guilty, and was fined $10 and cost.

State v. J. K. Boynton, in Buncombe County Superior Court, for obstructing an officer in the performance of duty. Defendant pleaded guilty, and was fined $10 and cost.

GENERAL STATEMENT.

When of general interest or when it will facilitate the enforcement of the Food Law, examinations will be made of food or beverage for parties within the State, provided samples of same are taken and sent to the Food Chemist in accordance with instructions from the Department, and the required information concerning the sample is furnished.

Results of analyses are sent to parties sending samples and parties from whom samples are obtained by the Department, as well as the manufacturer of the products.

It is the desire of the Department to put information into the hands of manufacturers, dealers and consumers of food, and to assist

*Resigned November 1, 1909.

them in every way it can to know and manufacture, handle and use the best, most desirable and most wholesome food products. The Food Control is in the interest of the honest manufacturer, the honest dealer, and for the protection of the consumer.

EXTRACT FROM FOOD LAW.

The following extract from the Pure Food Law is very important, and the same is herewith printed in order that the grocerymen may become more familiar with the requirements of the law.

State Food Law, section 6, defines and describes what constitutes food adulteration. Section 7 defines and describes what constitutes the misbranding of food products. Section 9 provides for a guaranty by which the retail dealer may be exempt from prosecution for violation of the law.

EXTRACT FROM FOOD LAW.

SEC. 6. That for the purpose of this act an article shall be deemed to be adulterated, in the case of food

First. If any substance has been mixed or 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 contains any added poisonous or other added deleterious ingredient which may render such article injurious to health. If it contains any of the following substances, which are hereby declared deleterious and dangerous to health when added to human food, to-wit: Colors which contain antimony. arsenic, barium, lead, cadmium, chromium, copper, mercury, uranium, or zine; or the following colors: gamboge, corallin, picric acid, aniline, or any of the coal-tar dyes; dulcin, glucin, or any other artificially or synthetically prepared substitute for sugar except saccharine; paraffin, formaldehyde, beta-naphthol, abrastol, benzoic acid or benzoates, salicylic acid or salicylates, boric acid or borates, sulphurous acid or sulphites, hydrofluoric acid or any fluorine compounds, sulphuric acid or potassium sulphate or wood alcohol: Provided, that catsups and condimental sauces may, when the fact is plainly and legibly stated in the English language on the wrapper and label of the package in which it is retailed, contain not to exceed two-tenths of one per cent of benzoic acid or its equivalent in sodium benzoate. Fermented liquors may contain not to exceed two-tenths of one per cent of combined sulphuric acid and not to exceed eightthousandths of one per cent of sulphurous acid.

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 had died otherwise than by slaughter. In addition to the ways already provided, sausage shall be deemed to be adulterated if it is composed in any part of liver, lungs, kidneys or other viscera of animals: Provided, that the use of animal intestines as sausage casings shall not be deemed to be an adulteration.

Seventh. If it differs in strength, quality or purity from the standard of purity of food products that have been or may be from time to time adopted by the Board of Agriculture.

SEC. 7. 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 purpose of this act an article shall also be deemed to be misbranded, 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 morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, 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, the labeling is according to the rules prescribed by the Board of Agriculture: Provided, that the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.

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 North Carolina, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it.

RULES OF THE STATE BOARD OF AGRICULTURE UNDER THE FOOD LAW IN REGARD TO LABELING FOOD PRODUCTS.

A label must be, as far as possible, attached to each package, and contain, in addition to other information, the name of the material, the name and address of the manufacturer, importer or jobber. When the words "artificial," "imitation," "compound," "adulterated," or other words of similar import, are required, they must be on the principal label and immediately precede or follow the word or words they modify, which must be the principal word or words of the label, and be in at least half the size and same style of type and on the same kind of background as the word or words with which they are closely associated. The principal words in the label must be printed in either dark-colored letters on a light-colored background or light-colored let

ters on a dark-colored background. Any statement that is required on the principal label of a barrel or cask of molasses, molasses compound. syrup or compound syrup, vinegar or compound vinegar, must appear on one end or head of the barrel or cask; and if the principal label or any part of it appears on both ends of barrel or cask, they shall be identical, one to the other.

The label on bottled soft drinks must bear the name and address of the bottler.

Where the presence of preservatives, coloring matter or other substance or substances is required to be printed on the label, the printing must be done clearly and conspicuously on the label, in type not smaller than brevier heavy gothic caps, and on the same kind of background as the rest of the label.

Retail dealers, while offering food or beverage for sale, must keep the label so that it may be seen by purchaser or inspector, and the label must be so kept that it will remain legible.

ACTION OF THE COMMISSIONER RELATIVE TO THE USE OF

BENZOATE.

As the highest authorities differ regarding the effect of benzoate of soda on digestion and health, and as it appears that the constitutionality of the State law that forbids its use in food depends largely upon its effect on health, and as the attorney for the Department, under the circumstances, advises it, until further notice no prosecution will be made for the use of benzoate of soda in food in quantities not exceeding one-tenth of one per cent (0.1), provided that its presence is plainly stated on the principal label of the package in letters not smaller than eight point (brevier) caps.

THE USE OF CHEMICAL PRESERVATIVES IN FOOD PRODUCTS.

Food products that contain much moisture naturally tend to decompose or decay, especially in warm weather. Various means, such as drying, sterilizing by heat in air-tight containers, preserving and pickling with the natural food preservatives, such as sugar, salt, vinegar, spices, etc., are employed to prevent the decomposition of such products and to keep them in a suitable condition for food. These processes have long been in use and are recognized as being wholeThese natural food preservatives are sometimes supplemented with another class of preservatives known as antiseptics or chemical preservatives, which are more or less poisonous in their nature.

some.

While all food products can be kept in good condition by the natural methods above mentioned, there are a few, such as crushed fresh fruit, apple cider, etc., to which the application of the natural methods tend to either render less desirable or too expensive for general use. In these few products there is some reason for the use of a chemical

preservative to keep them in good condition; but in most products, especially in such as condensed milk, canned meats, canned soups, canned vegetables, canned fruit, mince-meat, preserves, jam, jelly, pickles, etc., there is absolutely no need for the use of a chemical preservative. The high-class manufacturers of this country have shown beyond a doubt that chemical preservatives are unnecessary in such products. A few manufacturers claim that a better product can be made by the use of a chemical preservative than can be made without it. The facts in the case, however, do not bear out their statement. The results of the examinations of this Department during the past ten years show that chemical preservatives have not been used in the higher class products; but, on the contrary, they were found in the lower, cheaper grades, that were often otherwise adulterated. If a better product can be made by the use of a chemical preservative, then why has the use of the chemical preservative been confined so much to the inferior and often otherwise adulterated products instead of the higher class ones? And why have most of the high-class manufacturers either never used or have discontinued the use of chemical preservatives? It would seem that the only conclusion is that the preservative was not and is not used to improve the quality of the product, but to cheapen it. That being the case, then why use a product that contains a chemical that may be injurious to health? The effect of benzoate of soda on health is a disputed question, of course; but why take the risk of permanent injury to health that may produce an earlier death when there is no need for it?

After having made experiments for the government to test the effect of benzoate of soda on health, one set of officials say that it is injurious to health; another set say that it is not. Many State officials think the use of benzoate in food objectionable, and the Medical Association of America, composed of the leading physicians of the country, has condemned its use in food. Then, if just as good products can be made without the use of benzoate as can be made with it, why use a product that is questionable, and probably injurious to health? If benzoate is injurious to health, or even questionable, the question arises, then, why not prevent its use in food by law? The answer is this: If benzoate in food is not injurious to health, the State probably cannot prevent its use. To-day no man can say with certainty that it is or is not injurious to health. Manufacturers only who profit by its use have questioned the constitutional right of States to prohibit its use. The matter is now before the Federal courts to determine whether States have the power to prevent the use of ben

zoate or not.

It is to be hoped that the mattter will soon be settled by the courts. Until that time, we can only warn the public of the possible danger and advise against the use of benzoate in food.