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It is our recommendation that the words “ or create a deceptive appearance be stricken from the bill, as under the aforesaid wording the Secretary would be clothed with power to determine what is a deceptive appearance.

Section 6: Misbranded food, drugs, and cosmeticsGeneral.-(a) “If its labeling is false or misleading in any particular."

We object to this provision, as it grants to the Secretary of Agriculture authority to determine as to whether or not the labeling of a product is false or misleading in any particular.

(d) “If any word, statement, or other information required on the label to avoid adulteration or misbranding under any provision of this act is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily intelligible to the purchasers and users of such articles under customary conditions of purchase and use.”

We object to the power granted to the Secretary as sole arbiter to determine if any word, statement, or other information is prominently placed in such a manner as to be readily seen, and in such terms as to be readily intelligible.

Sec. 7. Misbranded food.-(a) (1): “If its container is so made, formed, or filled as to mislead the purchaser, or (2) if its contents fall below the minimum standard of fill prescribed by regulations as provided by sections 11 and 22.”

We object to this provision in view of the fact that the Secretary allocates to himself the exclusive right to designate the manner in which all food products shall be packed for sale, including the size, shape, and form of the container.

(d), (e), and (f) provides that the Secretary shall have power to promulgate definitions and standards of identity, minimum standards of quality and complete form of disclosures on mixtures, compounds and fillers for which no standards of identity nor minimum standards of quality have been promulgated.

We object to the above provisions contained in this act due to the fact that the Secretary of Agriculture has authority by regulation to establish definition and standards of identity, minimum standards of quality and in cases where no definition and standard of identity nor minimum standards of quality are promulgated then a complete form of disclosure of all ingredients contained in food products. We further wish to call attention to this honorable committee that there are a number of finished beverages on the market sold under distinctive names. You will note that no provision is made for the sale of such products and we strenuously interpose an objection. This would tend to destroy the manufacture and sale of such products.

SEO. 9. False advertisement.-Under this section false advertisement is defined to mean any advertisement of a food, drug, or cosmetic, which shall be deemed to be false if it is false or misleading in any particular relevant to the purposes of this act. We offer the most serious objections to the above wording in view of the fact that the burden is placed upon the food manufacturer to prove that such advertisement is not false or misleading in any particular. The burden is shifted from the Government to the manufacturer to sustain his position.

SEC. 11. Definitions and standards for food.-We interpose an objection to this section in view of the fact that it grants power to the Secretary of Agriculture to establish for any food (1) legal definitions and standards of identity of foods, (2) minimum standards of quality of foods, and (3) fill of containers.

SEC. 12. Permit factories.—Under the provisions of this section the Secretary of Agriculture is authorized to license manufacturers and processors of food in such cases where the manufacture of foods, drugs, or cosmetics may, in his opinion, be “injurious to health, and such injurious nature cannot be adequately determined after such articles have entered interstate shipment.” Comment will be found after section 13.

Section 13: Factory inspection.—Under the provisions of this section the Secretary of Agriculture is granted authority (1) to enter any factory, warehouse, or establishment in which foods, drugs, or cosmetics are manufactured, processed, packed, or held for shipment in interstate commerce, and (2) to inspect such factory, warehouse, establishment, or vehicles and all equipment, finished and unfinished materials, containers, and labels there used or stored.

Our objections to sections 12 and 13.-In reading section 12 relating to permit factories and the above section, factory inspection, it would appear to me that the above section 13, “ Factory inspection ", would provide all the investigation authority to the Secretary of Agriculture to insure sanitary conditions in manufacturing establishments of foods, drugs, and cosmetics if the public

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“(d) If it purports to be or is represented as a food for which a definition of identity has been prescribed by regulations as hereinafter provided, and (1) fails to bear on its label the name of the food defined in such terms as the regulations specify, or (2) fails to conform to the definition.

“(e) If it purports to be or is represented as a food for which standards of quality have been prescribed by regulations as hereinafter provided, and (1) fails to state on its label, if so required by the regulations, a standard of quality in such terms as the regulations specify, or (2) falls below the standard stated on the label.

(f) If it purports to be or is represented as a food for which no definition of identity has been prescribed by regulations as hereinafter provided, and its label fails to bear (1) the common or usual name of the food, if any there be, and (2) the common or usual name of each ingredient thereof in order of predominance by weight; except that spices, flavors, and artificial colors may be designated as such without naming each spice, flavor, or artificial color, The Secretary is hereby authorized to prescribe by regulations requirements for such further information on the label thereof as he may deem necessary to protect the public from deception.”

Sections 7 of S. 2000 and S. 2800 provided as follows: "A food shall be deemed to be misbranded :

“(d) If it purports to be or is represented as a food for, which a definition and standard of identity have been prescribed by regulations as provided by section 11 and (1) its label fails to bear, if so required by the regulations, a statement of a standard of quality in such terms as the regulations specify, or (2) it falls below such standard.

(f) If it is not subject to paragraph (d) of this section and its label fails to bear (1) the common or usual name of the food, if any there be, and (2) the common or usual name of each ingredient such food bears or contains in order of predominance by weight; except that spices, flavors, and colorings, other than those sold as such, may be designated as spices, flavors, and colorings without naming each: Provided, That to the extent that compliance with the requirements of subdivision (2) of this paragraph is impracticable because of normal variations in ingredients or their quantities, usual to good manufacturing or packing practice, reasonable variations from the stated order of such ingredients shall be permitted, and exemptions as to packages of assorted food shall be established by regulations promulgated by the Secretary.

You will note that the provisions of section 7 as contained in S. 1944, S. 2000, and S. 2800 expressly provide that the Secretary shall have power to establish (1) minimum standards of identity, (2) minimum standards of quality, (3) in the event minimum standards of identity or minimum standards of quality are not prescribed by the Secretary then all foods must bear a label indicating the common or usual name of the food if there be any, and the common or usual name of each ingredient such food bears or contains in order of predominance by weight. Under the above provisions the Secretary is granted power to dictate the manner in which all foods shall be sold, and to promulgate legal definitions and standards for the sale of all foods. You will also note that no provision is made for the sale of foods commonly called mixtures, compounds, and fillers, sold under a distinctive name.

Practically all of our members manufacture, produce, prepare, pack and distribute compounds, mixtures and fillers to the baking and confectionery industry. Under the provisions of (f) above set forth it is questionable as to whether or not definitions of identity could be established for the products in question. Therefore, we are confronted with the requirement of a complete form of disclosure of all such products. It is my opinion that the bakers, confectioners, restaurants, institutions, and certain competitors would like nothing better. It would be possible for them, with their working knowledge of the industry to reproduce the products and they would no longer require our products. Our competitors could in some fashion duplicate the products that it has taken years to develop, list practically the same list of ingredients and claim the inferior products to be just as good as the originals. Our members would be placed at a decided disadvantage and would sustain irreparable losses in moneys invested in the production of such products, loss of good will extending over long periods of time in the development of the products and without much benefit to the consuming public.

of passage. We most strenuously interpose an objection to any bill passed becoming effective within a 6-month period. A great number of food manufacturers are possessed of labels, cartons, bottles, etc., that were purchased predicated upon a continuance of the present Federal Food and Drug Act of 1906 remaining in force and effect. It is our recommendation that any bill passed become not effective for at least a 2-year period.

The members of our association wish to further present to this honorable committee for its consideration the fact that each State has enacted a State food and drug act. That each State is enforcing the provisions contained in the State food and drug act. That for the past 25 years the various food manufacturers have attempted to bring about uniformity in the enforcement of the Federal Food and Drug Act of 1906 and the various food and drug acts. That up until the present time practically all of the States recognize the rules and regulations promulgated by the Secretary of Agriculture under authority of the Federal Food and Drug Act of 1906.

It is our contention that if any of these bills under consideration of this honorable committee are passed and the Secretary of Agriculture is clothed with power and authority to assume dictatorial power over the food, drug, and cosmetic industry, that immediately thereafter each State will introduce a similar bill wherein the State law enforcing agency will also seek the same discretionary power granted to the Secretary of Agriculture. Therefore we are of the opinion that all the efforts on the part of manufacturers to bring about uniformity in the enforcement of the food and drug laws will be discarded, and the industries again thrown into an unheaval. We also wish to direct this bonorable committee's attention to the fact that the Supreme Court of the United States, likewise the supreme courts of the various States, has from time to time passed upon legal questions raised regarding the enforcement of the various food and drug laws, that various established principles of law applicable to the food, drug, and cosmetic industry are in force and in effect, and at this time it would create an unwarranted precedent to revise the usual and customary trade practices now existing in these great industries.

Therefore it is our recommendation that if this honorable committee feels that certain revisions be made that this can be accomplished by amending the present Federal Food and Drugs Act of 1906. We therefore recommend that amendments be made to the Federal Food and Drugs Act of 1906 covering the various objectionable features that have been raised by the United States Department of Agriculture or the consuming public. Respectfully submitted. THE NATIONAL ASSOCIATION OF MANUFACTURERS OF

FRUIT AND FLAVORING SYRUPS. THE NATIONAL ASSOCIATION OF MANUFACTURERS OF

Soda WATER FLAVORS. By JOHN S. HALI., Attorney.

PETITION OF THE NATIONAL ASSOCIATION OF BAKERS' AND

CONFECTIONERS' SUPPLY HOUSES

Your petitioners, the National Association of Bakers' and Confectioners' Supply Houses, respectfully submit to this honorable committee for its consideration the following objections to the passage of S. 1944, S. 2000, and S. 2800 (proposed revision of the Federal Food and Drugs Act of 1906). It is our contention that the above bills will have a harmful effect upon this industry.

The National Association of Bakers' and Confectioners' Supply Houses was founded some 30 years ago and its members consist of manufacturers, wholesalers, and jobbers, specialized in the manufacture, production, preparation, packing, and distribution of food products and equipment to bakers, confectioners, restaurants, institutions, et cetera, intended for further manufacturing purposes.

It is the consensus of opinion of our members that this particular branch of the food industry will be unjustly discriminated against if the labeling provisions regarding misbranded foods are enforced.

Section 7 of S. 1944 (d), (e), and (f) provides as follows: “ Sec. 7. A food shall be deemed to be misbranded:

"(d) If it purports to be or is represented as a food for which a definition of identity has been prescribed by regulations as hereinafter provided, and (1) fails to bear on its label the name of the food defined in such terms as the regulations specify, or (2) fails to conform to the definition.

“(e) If it purports to be or is represented as a food for which standards of quality have been prescribed by regulations as hereinafter provided, and (1) fails to state on its label, if so required by the regulations, a standard of quality in such terms as the regulations specify, or (2) falls below the standard stated on the label.

(f) If it purports to be or is represented as a food for which no definition of identity has been prescribed by regulations as hereinafter provided, and its label fails to bear (1) the common or usual name of the food, if any there be, and (2) the common or usual name of each ingredient thereof in order of predominance by weight; except that spices, flavors, and artificial colors may be designated as such without naming each spice, flavor, or artificial color, The Secretary is hereby authorized to prescribe by regulations requirements for such further information on the label thereof as he may deem necessary to protect the public from deception."

Sections 7 of S. 2000 and S. 2800 provided as follows: "A food shall be deemed to be misbranded :

"(d) If it purports to be or is represented as a food for, which a definition and standard of identity have been prescribed by regulations as provided by section 11 and (1) its label fails to bear, if so required by the regulations, a statement of a standard of quality in such terms as the regulations specify, or (2) it falls below such standard.

(f) If it is not subject to paragraph (d) of this section and its label fails to bear (1) the common or usual name of the food, if any there be, and (2) the common or usual name of each ingredient such food bears or contains in order of predominance by weight; except that spices, flavors, and colorings, other than those sold as such, may be designated as spices, flavors, and color: ings without naming each: Provided, That to the extent that compliance with the requirements of subdivision (2) of this paragraph is impracticable because of normal variations in ingredients or their quantities, usual to good manufacturing or packing practice, reasonable variations from the stated order of such ingredients shall be permitted, and exemptions as to packages of assorted food shall be established by regulations promulgated by the Secretary.

You will note that the provisions of section 7 as contained in S. 1944, S. 2000, and S. 2800 expressly provide that the Secretary shall have power to establish (1) minimum standards of identity, (2) minimum standards of quality, (3) in the event minimum standards of identity or minimum standards of quality are not prescribed by the Secretary then all foods must bear a label indicating the common or usual name of the food if there be any, and the common or usual name of each ingredient such food bears or contains in order of predominance by weight. Under the above provisions the Secretary is granted power to dictate the manner in which all foods shall be sold, and to promulgate legal definitions and standards for the sale of all foods. You will also note that no provision is made for the sale of foods commonly called mixtures, compounds, and fillers, sold under a distinctive name.

Practically all of our members manufacture, produce, prepare, pack and distribute compounds, mixtures and fillers to the baking and confectionery industry. Under the provisions of (f) above set forth it is questionable as to whether or not definitions of identity could be established for the products in question. Therefore, we are confronted with the requirement of a complete form of disclosure of all such products. It is my opinion that the bakers, confectioners, restaurants, institutions, and certain competitors would like nothing better. It would be possible for them, with their working knowledge of the industry to reproduce the products and they would no longer require our products. Our competitors could in some fashion duplicate the products that it has taken years to develop, list practically the same list of ingredients and claim the inferior products to be just as good as the originals. Our members would be placed at a decided disadvantage and would sustain irreparable losses in moneys invested in the production of such products, loss of good will extending over long periods of time in the development of the products and without much benefit to the consuming public.

I also wish to call attention to the fact that the majority of these compounds, mixtures, and fillers are not sold to he consuming public, that is, to the housewife, but are sold to bakeries, confectioners, restaurants, institutions, and so forth, intended for further manufacturing purposes. I question very seriously as to whether or not it is possible to perpetrate a fraud upon experienced bakers, confectioners, restaurants, and institutions. Therefore, it is my recommendation that (d), (e), and (f) be amended to provide that no provision contained therein shall be construed to apply to food products intended for use for further manufacturing purposes.

Also at this time wish to register serious complaints regarding section 23 of S. 1944 general administrative provisions and section 22 of S. 2000 and S. 2800 general administrative provisions. Under the aforesaid section the Secretary of Agriculture allocates to himself discretionary authority and dictatorial power over the food, drug, and cosmetics industries. The basic principle of our Constitution and the protection of American industry are threatened. The three branches of our Constitution, namely, legislative, executive, and judiciary, are to be merged into one. If the above bill passes the Secretary of Agriculture shall become (1) the legislator, (2) the executive, and (3) the judiciary in the enforcement of the Food, Drug, and Cosmetics Act. It is our further contention that there is no immediate demand or necessity at this time for a complete revision of the Federal Food and Drug Act of 1906.

We also wish to interpose general objections to the other provisions contained in these bills, namely:

Section 3: Adulterated food.
Section 6: Misbranded food, drugs, and cosmetics-general.
Section 9: False advertisement.

Section 10: Tolerances for poisonous ingredients in food and cosmetic and certification of coal-tar colors for food.

Section 11: Definitions and standards for food.
Section 12: Permit factories.
Section 13: Factory inspection.
Section 14: Records of interstate shipment.
Section 15: Investigations and institutions of proceedings.
Section 16: Seizure.
Section 17: Penalties.
Section 19: Injunction proceedings.
Section 20: Imports and exports.
Section 21: Publicity.
Section 23 : Court review of regulations.
Section 25: Effective date and repeals.
Respectfully submitted.

NATIONAL ASSOCIATION OF BAKERS' AND

CONFECTIONERS' SUPPLY HOUSES,

By John S. HALL, Attorney. The CHAIRMAN. The committee will now take an adjournment until tomorrow morning at 10 o'clock.

(Whereupon an adjournment was taken until Thursday, Mar. 1, 1934.)

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