94 English is extensively used. Under paragraph (c) of Regulation 17 a foreign label appears to be expressly permitted in the language of the country where the drug or food is produced or manufactured. The first part of the second paragraph under "food" also prohibits the refilling of packages the original contents of which have been removed in whole or in part. This applies only to the refilling of packages which still retain their original labels or brands, for the purpose of passing off the refilled packages as original packages. It would be a violation of the provisions of this paragraph, in the District of Columbia or in the Territories, for a retail dealer in liquors or a bartender to refill, in whole or in part, a whiskey bottle bearing a distinctive label or brand. 57. MISBRANDING-FOODS-SUBSTANCES REQUired to Be NAMED. 95 Alcohol, if present in any food product, need not be named on the label. If present in a drug or medicinal preparation, it must be named." With the exception of alcohol all of the substances required to be named if present in drugs or medicinal preparations, are required to be named if present in food products." The Regulations with respect to the statement of these substances and their quantities or properties are the same in case of foods as in case of drugs. (See pages 50 and 51). It would not seem that morphine, opium, etc., have any legitimate place in food products, and that any product containing any of these substances should be treated as a drug, not a food. 58. MISERANDING-FOODS-WEIGHTS AND MEASURES. The third paragraph under "food," in Section 898 is not to be understood as requiring weight or measure to be stated on a package, but it does require that if stated the weight or 94 Page 91. 96 Sec. 8, Page 78. 25F. I. D. 47, Page 113; F. I. D. 52, Page 116. measure must be stated correctly. Under Regulation 2999 reasonable variation from the stated weight for individual packages is permitted both as regards variations due to filling and weighing, and as regards charges due to evaporation or absorption of moisture. 59. MISBRANDING-FOODS-MIXTURES UNDER DISTINCTIVE NAMES. OF COMPOUNDS The first part of the fourth paragraph of Section 8100 covers the same ground that is already covered by the introductory paragraph of this Section. The prohibition seems to be here repeated in order to lead up to the exceptions which follow it. 102 "Mixture" or "Compound," the two words being substantially identical in meaning,101 is construed to mean the result of putting together two or more food products. A mixture of mineral or inert substances having no food value is not a mixture which is permitted under the Act. In fact such a mixture is expressly prohibited by Section 7. Mixtures or compounds of two or more food products are not required to be marked with the names of the ingredients, or even to be labeled with the word "mixture" or "compound" if the mixture or compound is now or may be hereafter known as an article of food under a distinctive name, "distinctive name" meaning either a trade description commonly employed, or the name applied to a proprietary food, but in such case it is required that the label bear a statement of the place where the article was manufactured or produced. 103 A mixture or compound not known under a distinctive name must be labeled, branded or tagged with the word "mixture" or "compound." Under the rulings of the Secretary of Agriculture it appears that in such cases the word. "mixture" or "compound" must stand alone and without qualification. 104 90 Page 98. 102 Page 76. 100 Page 78. 101 F. I. D. 42, Page 106. 60. MISBRANDING FOODS - PERMISSIBLE IMITATIONS. The second proviso under the fourth paragraph under "food" of Section 8,104 seems to permit the sale of an "imitation" of an article of food, provided it is labeled, branded or tagged with the word "imitation." Paragraph (f) of Regulation 21105 defines "imitation" as "a counterfeit or fraudulent simulation of any article or food or drug." Doubtless this definition is correct if applied to the imitation which is intended to be prohibited by the first paragraph under "drugs," or the first paragraph under "food" of this Section, and it does not appear that the Act anywhere countenances or permits the sale of anything which is a counterfeit or fraudulent simulation of any article of food or drug. The "imitation" which is permitted by the second proviso under the fourth paragraph under "food" if labeled, branded or tagged to plainly indicate that it is an imitation, with the word "imitation" plainly stated on the package, must necessarily be an article which is wholesome as food and free from deleterious ingredients, capable of or intended for use in the same way as the substance of which it is an imitation and as a substitute for such substance. In Decision of the Secretary of Agriculture No. 50,100 January 18, 1907, it is suggested that what has sometimes been termed "Cereal Coffee" should be designated "Imitation Coffee." If by adopting this suggestion the manufacturer is to be understood by the public as admitting that his product is a counterfeit or fraudulent simulation of coffee as defined in paragraph (f) of Regulation 21,107 it can hardly be expected that he will label, brand or tag his product as "imitation." Unless the definition of imitation in paragraph (f) of Regulation 21108 is materially modified, it is probable that the manufacturers of "Cereal Coffee" and other food products designed to be used in place of recognized articles, will prefer to retain the names now used on their goods rather than mark them imitations. 105 Page 94. 106 Page 115. 107 Page 94. 106 Page 94. 104 Page 79. Compounds. 61. MISBRANDING-FOODS-COMPOUNDS-MIXTURES. 59' The second paragraph of the proviso of Section 8100 is clearly intended to permit the sale of food products which are compounds or mixtures, provided they are labeled, branded or tagged so as to plainly indicate what they are. It would seem to be clear that the permission extends to the admixture with a substance of a second substance which reduces or lowers the strength or quality of the first. For instance, the addition to pure mustard of flour or meal to reduce its strength to the ordinary prepared mustard. This would be adulteration under the first paragraph under "food" in Section 7,110 if the prepared mustard were offered for sale as pure mustard, but it is not to be treated as adulterated if plainly labeled as a mixture or compound. The permission does not extend to mixtures under the fourth paragraph of Section 7110 made for the purpose of concealing damage or inferiority or to a mixture containing any added poisonous or deleterious ingredients. 111 "Mixture" and "compound" appear to mean the same thing. and are so construed by the Department of Agriculture." They differ from "blends" in that they are not necessarily limited to the product resulting from the mingling together of like substances, while "blend" is expressly so limited by the language of the Act. 112 A mixture of rye and wheat flour is a mixture or compound and should be so labeled, branded or tagged.112 It should not be labeled "rye flour" alone. The use of an ingredient in small quantity simply for the sake of naming it in the list of ingredients does not justify so naming it. The ingredients must be present in substantial quantities. 62. MISBRANDING-FOODS-BLENDS. Under the second paragraph of the proviso of Section 8 the term "blend" is to be construed as meaning a mixture of "like substances" not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and 100 Page 79. 111F. I. D. 42, Page 106; F. I. D. 65, Page 129. flavoring only. Under paragraphs (c) and (d) of Regulation 21113 coloring and flavoring cannot be used for increasing the weight or bulk of the mixture and are not to be used in quantities to exceed I to 800. In paragraph (e) of Regulation 21114 it is stated that a color or flavor cannot be employed to imitate any natural product or any other product of recognized name and quality. This evidently to be read with the definition of "imitation" in paragraph (f) of the same Regulation115 and with the proviso under "food" in Section 8116 which expressly provides that imitations, if properly labeled, branded or tagged, shall not be deemed to be misbranded. It would seem to be practically impossible to produce even the "imitation" permissible by the Act without the use of color or flavor, and it does not appear that the Act prohibits the use of color or flavor for the production of “imitations" which are offered for sale for what they are and not under any misrepresentation. For those engaged in the production, manufacture or sale of liquors, particularly whiskey, the question of what are "like substances" under the Act is of great importance, since upon the meaning given these words as used in the final paragraph of Section 8117 depends the question of the branding or labeling of the liquors made up in part of straight whiskey and in part of ethyl alcohol or spirits. The ruling of the Secretary of Agriculture118 on this question based on an opinion of the Attorney-General, approved by the President, is that straight whiskey shall be labeled as such, that a mixture of two or more straight whiskeys shall be labeled "blended whiskey" or "blended whiskeys; that a mixture of straight whiskey and ethyl alcohol, provided there is enough whiskey in it to make it a real compound or mixture, shall be labeled "compound whiskey," "compounded whiskey" or "compound of pure grain distillates"; and that ethyl alcohol flavored and colored so as to taste, 115 Page 94. 114 Page 94. 113 Page 94. |