PREFACE

This pamphlet was originally issued by the National Wholesale Grocers' Association of the United States in 1907. Since that date many changes have been made in the food laws, both state and national, and it has been found desirable to issue a second edition based substantially on the same plan and including amendments of the statutes to date.

The primary purpose of this brief pamphlet is to point out the provisions of the statutes both state and national. It does not include, therefore, the rules and regulations issued by the food control officers under the various state statutes; the statutes only are given. All of the general provisions of the national regulations and rulings of interest, however, are fully indicated.

All the provisions of the national statute that are of material interest to the trade are given in full.

In the interest of brevity only those provisions of the state statutes that materially differ from or are in addition to the provisions of the national statute are mentioned; for example, in Connecticut, under "Adulteration", the pamphlet reads: "Provisions follow the national statute but omit the clause as to external preservatives." This indicates that the Connecticut law as to adulteration is practically the same as the national statute with the exception of the omission of the clause as to external preservatives. To facilitate comparison, the provisions of the national statute relating to adulteration, misbranding and guaranty are quoted in full and in black type. Where the state statute contains provisions that are in addition to those of the national statute it should be observed that such provisions conform, in many cases, to the rules and regulations issued under the national statute and, therefore, in such cases, there is no actual difference between the state and national requirements. Under the heading "Special Food Statutes" provisions relating to particular food products are given; most of these provisions mentioned are found in special statutes but some are contained in the general food laws.

In many of the states there are so-called dairy laws regulating the sale of milk, butter and cheese and imitations thereof, including renovated butter, process butter and oleomargarine. The existence of such laws is indicated in this pamphlet by the general term "dairy products."

In addition to those mentioned in this pamphlet there are statutes in many of the states that relate to subjects of more or less interest to members of the Association, such as feeding stuffs, commercial fertilizers, poultry tonics, meat, meat products, wines, liquors, agricultural seed, agricultural lime, fungicides, insecticides, trading stamps,

406591

coupons and premiums, etc. The national statutes and rulings relating to meat, meat products, wines and liquor were not deemed of sufficient interest to members of the Association to include in this brief synopsis.

Attention should also be called to a statute which appears in a large majority of states prohibiting the use of the United States flag or the state flag for advertising or commercial purposes. Practically all of the statutes on this subject are so worded that they would prohibit the use of such flags or any representation thereof on labels. The statutes of the following states relate to the use of the United States flag only: Arizona, California, Delaware, Indiana, Kansas, Maryland, Missouri, Montana, New Jersey, New Mexico, North Dakota, Oregon, Rhode Island, Utah, Vermont, Washington and Wisconsin.

The statutes of the following states relate to both the United States and the state flags: Alabama, Colorado, Connecticut, Idaho, Illinois, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New York, Ohio, Pennsylvania, West Virginia and Wyoming.

The Texas statute relates to the state flag only.

The annual pamphlets of the Association, entitled "New Laws," give details of many of the statutes covered by this pamphlet. Further particulars will be furnished to any member of the National Wholesale Grocers' Association, by counsel, upon request.

It has been a long and laborious occupation to read, digest and summarize, not only the federal food laws and rulings, but also the food statutes of forty-eight states with their numerous and frequent amendatory acts. Counsel desire to acknowledge that the credit for this painstaking work of compilation is largely due to A. S. Rockwood, A. C. Spencer and E. L. McCalmont, of counsel's staff.

This synopsis of food laws was prepared for the use of members of the National Wholesale Grocers' Association of the United States in the hope that a work of this character for quick reference would be valuable in ascertaining the many and various legal requirements on food subjects in the several states.

BREED, ABBOTT & MORGAN,
32 Liberty Street,

New York, January 1st, 1916.

New York City.

National Food Law

Act of Congress, June 30, 1906, as amended, generally known as the Food and Drugs Act, is enforced by the Department of Agriculture, Washington, D. C.

GENERAL PROVISIONS OF STATUTE, REGULATIONS,
AND RULINGS.

Adulteration.-Preservatives-colors.-The following in black type, indicates the general provisions of the national statute. Food is deemed adulterated in the following cases:

"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 constitutent 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."

Colors.

Preservatives.

External
Preservatives.

Substances Mixed With Foods.-The regulations provide that, "No substance may be mixed or packed with a food product which will reduce or lower its quality or strength." It is intended to prohibit the sale of a food product whose quality or strength has been lowered by the admixture of another substance where the label bears the name of

such food product, but does not disclose the presence of the substance mixed or packed therewith.

For example: Coffee that has chicory added to it, could not be sold under the name "coffee" without qualification. The presence of the chicory must appear on the label. Pepper, to which has been added some article such as ground cereal, could not be sold under the name "pepper," but could be sold under the name “Pepper and Cereal.” Substitution of Ingredients.-When a substance of a recognized quality commonly used in the preparation of a food is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label. For example: Where sugar is a recognized ingredient of a certain food product and glucose is substituted therefor, the product would be deemed adulterated unless the label indicated the use of glucose.

Abstracting Ingredients.—If any valuable constitutent of a food product has been abstracted the label must so indicate. For example: Cloves, from which the oil has been abstracted, cannot be sold under the name "cloves" but must be named so as to indicate the facts, as "Cloves with oil abstracted."

Canned Foods-Water, Brine, etc.-Canned foods are deemed adulterated, if found to contain water, brine, syrup, sauce or similar substances in excess of the amount necessary for their proper preparation and sterilization.

External Preservatives.-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. When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of paragraph "Fifth" quoted above shall not obtain, and such food products shall then be subject to the regulations for food products in general. The preservative applied must be of such a character that, until removed, the food products are inedible.

Common Preservatives.-Common salt, sugar, wood smoke, potable distilled liquors, vinegar and condiments may be used. Pending further investigation, saltpetre is allowed. Sugar cannot be used in canned goods if used for a fraudulent purpose. Thus, Indian corn which is not sweet and to which sugar has been added, cannot be sold as sweet corn unless the label indicates the addition of sugar.

Agar-agar.-May be used in food if properly purified.

Alum.-The Referee Board of Consulting Scientific Experts rendered an opinion that when aluminum compounds are mixed or packed with a food, the quality or strength of the food is not thereby reduced, lowered, or injuriously affected. Such compounds when added to foods in the form of baking powders in small quantities, i. e., where the ordinary consumption of aluminum baking powders furnishes up to 150 milligrams (2.31 grains) of aluminum daily, do not contribute any poisonous or other delterious effect which may render the food injurious to health. The Board further held that alum baking powders are no more harmful than any other baking powders.

Arsenic and Lead.-Prohibited, whether added intentionally or introduced through the use of impure raw materials or from apparatus or utensils employed in the process of manufacture.

Benzoate of soda.-May be used provided container is plainly labeled to show its presence and amount.

Ergot.-Flour and cereal food products containing more than 1-10 of 1 per cent are deemed adulterated.

Saccharin.-Use of, in food products prohibited.

Sulphur Dioxid.-Ordinary quantities may be used in foods if plainly stated on label. An abnormal quantity used in food for the purpose of marketing an excessive moisture content is prohibited.

Tartaric Acid.-May be used in jelly if not used to conceal inferiority and its presence is declared on the label in type not smaller than 8-point (brevier) caps. If the acid contain lead which is sometimes introduced in the course of manufacture, its use would not be proper.

Tin-Salts of.-Unlawful to sell canned foods which contain salts of tin derived from the solvent action of the contents on the tin coating except where there is less than 300 milligrams of tin per kilogram or salts of tin equivalent thereto.

Turmeric.-May be used in prepared mustard if its presence is declared on the label and provided it does not conceal damage or inferiority which might arise from the use of cheap filler or other cause.

Colors and Flavors.-Coloring and flavoring cannot be used for increasing the weight or bulk of a food mixture, nor in a manner whereby damage or inferiority is concealed.

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 one pound to 800 pounds of the mixture.

A color or flavor cannot be employed to imitate any natural product or any other product of recognized name and quality.

All mineral and coal tar dyes except the following certified coal tar dyes are prohibited: Red shades: 107 Amaranth, 56 Ponceau 3 R, 517 Erythrosin. Orange shade: 85 Orange I. Yellow shade: 4 Naphthol yellow S. Green shade: 435 light green S. F. Yellowish. Blue shade: 692 Indigo disulfoacid. These colors shall not contain any contamination due to imperfect or incomplete manufacture.

If vegetable colors contain excessive quantities of arsenic, heavy metals and contaminations due to imperfect or incomplete manufacture, they should not be used.

Copper Salts.-Prohibited in the greening of foods.

Denaturing. Shipments of substances ordinarily used as food products intended for technical purposes should be accompanied by a declaration stating that fact. Such products should be denatured before entry, and in the case of domestic products, before shipment interstate. Denaturing of imported products may be allowed under customs supervision with the consent of the Secretary of the Treasury, or the Secretary of the Treasury may release the products without denaturing, under such conditions as may preclude the possibility of their use as food products.