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Colors and Preservatives.

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ited period, but particular care will be required to be taken by the user of such permitted analine colors to be certain that such colors are free from deleterious matter and have been proved to be in fact harmless.

In case any of the preservatives which are permitted to be used, other than those permitted under the Meat Inspection Law, or any of the permitted analine colors, are used, the fact of their use and probably the proportion in which they are used will be required to be stated on the label.

Definite rulings on the matter of preservatives and colors have not yet been issued.

Under the exception in paragraph 553 permitting the use of external preservatives, rice may be finished by coating with one-thousandth part glucose and one three-thousandth part talc, provided each pocket of rice is provided with a tag stating the fact with direction to remove the coating by washing, together with the name of the manufacturer and his place of business. Paraffin, not being removable by washing, may not be used in milling rice. Boric acid, even if applied externally as a preservative, will not be permitted, it being considered that it cannot be so used without more or less permeation of the food article to which it is applied.

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ADULTERATION-FOODS-PROHIBITED COLORS AND

PRESERVATIVES.

Preservatives and colors other than those expressly permitted cannot be used in food products without rendering the products liable to be held adulterated. Among the preservatives or other substances deemed to be poisonous or deleterious and thus, in effect, forbidden to be added to food products, may be mentioned:

Benzoic Acid (except as above page 30).
Boric Acid.

Formaldehyde.

53 Page 77.

Glycogen.
Saccharine.

Salycilic Acid.

Sodium Sulphate.

Sulphate of Copper.

All mineral colors and all analine colors other than those expressly permitted are prohibited.

33. ADULTERATION-FOODS-EFFECT OF RULINGS.

It should be distinctly understood that the rulings of the Secretary of Agriculture in the matter of colors and preservatives are not made as absolutely decisive upon the questions ruled on. The final determination upon these questions rests with the courts. The Secretary of Agriculture, however, as regards the enforcement of the provisions of the Act occupies the double position of complainant and magistrate before whom the complaint is preliminarily heard with power to hold the accused for trial by a United States court. It obviously follows that with regard to the use of particular colors or preservatives as well as with regard to other matters provided for in the Act, if the Secretary of Agriculture holds that such colors or preservatives may be used there will be no complaint and no proceedings before the court. On the other hand, if the ruling of the Secretary of Agriculture does not permit the use of the color or preservative in question he may institute proceedings and hold the accused for trial by the courts. Unless a manufacturer is confident that the holdings of the courts will be contrary to the rulings of the Secretary of Agriculture, it will be advisable to accept his rulings.

34. ADULTERATION-FOODS-CHARACTER OF RAW MATE

RIALS.

Under the sixth paragraph,** under "food" in Section 7, a food product will be deemed to be adulterated if it con

Page 77; Page 143.

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sists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance or any portion of an animal unfit for food, or if it is the product of a diseased animal or one that has died other than by slaughter.

The language of the paragraph is clear and positive. There is no doubt that proceedings should be and will be brought against anyone violating its provisions. It is not, however, clear that proceedings can be brought even under this paragraph unless the sample or specimen collected in the regular way shows on examination or analysis that the provisions of the paragraph have been violated. It is, however, probable that any product made in violation of this paragraph will show upon examination or analysis that it is composed in whole or in part of prohibited material as such material can hardly be concealed unless by mixing, powdering, coating or staining, in which case the product will violate the fourth paragraph.55

This paragraph undoubtedly covers milk which is unfit for use because of filth or which is the product of diseased cows, and probably also covers mineral or other drinking water which is unfit for use because of the presence of filth or decomposed animal or vegetable substance, as well, of course, covering any other food product unfit for use because of filth.

35. ADULTERATION-FOODS-CONFECTIONERY.

All of the above considered provisions respecting foods apply also to confectionery. In addition, the presence in confectionery of certain substances, some of which may be used in other food products, will cause it to be deemed adulterated.

The term "confectionery" is not defined in the Act or in the Food Standard Bulletin of the Department of Agriculture, circular No. 19.56

In the bulletin referred to, "Candy" is defined as "A

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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 color or flavors or other ingredients deleterious or detrimental to health, or any vinous, malt or spirituous liquors or compounds or nacotic drug."

Probably chewing gum and ice cream will both be subject to the provisions regarding confectionery.

This section of the Act clearly prohibits the use in confectionery of any mineral substance whatever, including paraffin and all mineral colors. Whether coal tar or analine colors and flavors are mineral substances seems to be a controverted question, but the coal tar or analine colors held by the Secretary of Agriculture to be permissible may be used in confectionery under the conditions prescribed and for the period therein stated.

Vegetable colors and flavors may be used in confectionery provided they are harmless.

Saccharine may not be used in confectionery.

Gelatin if free from bisulphates or other deleterious ingredients may be used in confectionery.

Glucose containing bisulphates may not be used.

Bleachers or hardeners containing bisulphates may not be used in confectionery.

Shellac may be used in glossing candy provided the alcohol in which it is dissolved is so completely evaporated as to leave no trace on or in the candy.

Vaseline or other harmless fats and oils may be used in finishing confectionery.

In chewing gum paraffin or chicle may undoubtedly be used provided the soluble ingredients, sugar, color, flavor, etc., conform to the requirements of the Act.

No vinous, malt, or spirituous liquors or compound may be used in confectionery. This does not exclude the use of flavoring extracts or the use of vinous, malt or spirit

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uous liquors or compounds for flavoring merely, provided there is no trace of alcohol in the finished product.

No drug of a narcotic nature may be used in confectionery. This prohibits not only all of the drugs mentioned in Section 857 and their derivatives as stated in Regulation 28 (f) but all other drugs of a narcotic nature.

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