Foods and Their Adulteration / Origin, Manufacture, and Composition of Food Products; Description of Common Adulterations, Food Standards, and National Food Laws and Regulations

by Harvey Washington Wiley

FOOD INSPECTION DECISIONS 27-30.

(F. I. D. 27.)
ADMISSION OF SARDINES BOILED IN PEANUT OIL AND PACKED IN OLIVE OIL.

As a result of the conference held between the Chief of the Bureau of Chemistry and the manufacturers and packers of sardines in Nantes, Bordeaux, and Paris, it appears that it is a practice somewhat common among the packers of sardines to boil the fish in peanut oil previous to packing. It is claimed by some manufacturers that this process improves the quality of the fish and also the color, and is a distinct advantage in the preparation of the fish in packing. Subsequent to the boiling in peanut oil the fish are so placed as to secure a perfect drainage, so that all oil which naturally would exude from the fish is separated therefrom. In this condition they are afterwards packed in pure olive oil. A small quantity of peanut oil remaining in the fish diffuses in this way with the olive oil to such an extent that the oil gives a distinct reaction for peanut oil.

Pending further investigations of this process and its necessity, inspectors at the different laboratories are permitted to admit sardines labeled “Packed in Olive Oil” in which a small quantity of peanut oil is found; provided the invoice be accompanied by a certificate, approved by the consul, to the effect that the oil used in packing the sardines was pure olive oil, and that previous to the packing the sardines had been treated in hot peanut oil as described above. The regulations, [F. I. D. 5] c and [F. I. D. 11], are therefore accordingly modified, permitting the importation of sardines labeled “Packed in Olive Oil” when the quantity of peanut oil therein is found not to exceed 5 percent, as nearly as can be determined with a reasonable toleration for difficulties of analysis, and variation in duplicates.

This amendment is of a provisional nature and will be in force until further investigations can be made and until further ordered.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., September 23, 1905.

(F. I. D. 28.)
MAXIMUM QUANTITY OF SULFUROUS ACID IN WINES.

As a result of a conference between the Chief of the Bureau of Chemistry and Professor Gayon and other members of the French committee of œnology and exporters of wines, held at Bordeaux, August 26, 1905, the following modifications of [F. I. D. 13], issued March 1, 1905, are made:

It was learned from the French expert, Professor Gayon, who is the principal advisor of the committee of œnology, that steps have already been taken to prevent the excessive use of sulfur, which, it is admitted, in years past has been practiced at times in the preparation of French white wines. The quantities of sulfur which are now permitted to be burned are prescribed for each kind of wine in order to avoid any excessive use. It is believed that by these new regulations the wines which are prepared subsequently to the issue of the regulations of March 1, referred to above, namely, the wines of the vintage of 1905 and of subsequent vintages, will not contain a quantity of sulfurous acid in excess of the amounts specified in the regulations of [F. I. D. 13]. Wines prepared previous to these regulations, however, may still contain, even in the absence of notable quantities of sugar, more sulfurous acid than would be permissible under the existing provisional standards.

With the desire to meet the wishes of the French makers and exporters who are endeavoring now to diminish the quantity of sulfurous acid in white wines hereafter made, it is deemed advisable to modify the provisional regulations slightly to avoid as much as possible any retroactive intent. It is therefore prescribed, provisionally, in modification of [F. I. D. 13], that wines imported into the United States from France or other countries, containing not to exceed 350 milligrams of sulfurous acid, may be admitted without respect to the quantity of sugar contained therein. There will also be permitted a tolerance of 20 milligrams per liter to cover the difference in different samples and the variations incident to duplicate analyses. This modification of [F. I. D. 13] will not apply to the wines of the vintage of 1905 nor to succeeding vintages. To wines of these vintages the provisional standards provided in [F. I. D. 13] will still apply until further orders.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., September 23, 1905.

(F. I. D. 29.)
COLORING MATTERS IN SYNTHETIC FOODS.

The term synthetic food as herein used is applied to a food product made of a mixture of various other food products and not of itself possessed of any of the characteristics of a natural or uncompounded food. Such food products should bear some special name not indicative of natural origin, character, or quality. A class of products typifying such synthetic foods is the product known as candy or confection. It has been customary to use harmless artificial colors in such foods in preparing them for consumption. Such colors are not calculated to deceive or mislead, because the foods themselves do not represent any natural food product. The regulations of this Department applying to imported food products require that such products, when artificially colored, should bear a legend on the label to that effect. This regulation should be construed to apply only to food products which of themselves have a natural color and in which the use of artificial colors would tend to mislead or deceive the purchaser.

Until further orders synthetic food products, as described above, not having of themselves any natural color nor bearing any name which would indicate an origin relating to a food product of a definite color, may contain harmless coloring matter without notice on the label. This permission is not to be construed, however, in any way which would permit the use of coloring matter if the product by its name indicates a special origin. For instance, candies which are sold under the name of chocolates should not be permitted to carry a color imitating the natural color of chocolate, and this principle should apply to other confections bearing names of definite origin. The Department will not undertake to specify by name the colors which may be used further than to say that they must be of a harmless character, not injurious to health, and must comply with the laws and regulations of the countries from which the food products are imported.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., September 27, 1905.

(F. I. D. 30.)
THE USE OF PACKAGES MADE OF TIN PLATE, ON WHICH LABELS HAVE BEEN PRINTED FOR PRESERVED VEGETABLES, ETC., ORDERED AND DELIVERED TO MANUFACTURERS PRIOR TO SEPTEMBER 1, 1905.

From the investigations lately made by the Chief of the Bureau of Chemistry, it appears that in a few instances European manufacturers of preserved vegetables, intended for export to the United States, had provided a large number of packages made of tin, on which the labels had been printed previous to the manufacture of the tin cans. The printed matter can not be erased from the cans, nor can it be conveniently covered without destroying the artistic appearance of the packages. These tin cans had been ordered and delivered to the manufacturers before the publication of [F. I. D. 26], requiring the presence of preservatives, coloring matters, etc., to be indicated upon the original label and not attached by means of pasters subsequent to September 1, 1905. In many cases considerable expense has been incurred by the manufacturers in the purchase of these tin cans with the labels printed thereon.

Inasmuch as these packages were purchased in good faith and were not intended to disregard the regulations of the law relating to imported food products, permission will be given to use them in packing preserved vegetables for the season of 1906 on the following conditions:

1. That the tin cans in the possession of manufacturers shall have been ordered and delivered previous to September 1, 1905.

2. That the manufacturer shall make a statement before the consul in each case of the number of such packages which he had on hand at the date mentioned.

3. That the manufacturer shall attach a special paster, in a conspicuous place on the label, in such a way as to make it practically irremovable, indicating the presence of the preservative, coloring matter, etc., which may have been used in the preparation of the contents of the package, by the use of type not smaller than long primer capitals, as shown in [F. I. D. 6], and submit samples thereof to this Department prior to shipment.

4. That these packages already on hand may be used for the crop of 1906, but not for a longer period.

5. That the importation of these packages into the United States under the regulations above mentioned shall not continue longer than May 1, 1907.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., September 29, 1905.

F. I. D. 31.

UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.

FOOD INSPECTION DECISION 31.
LABELS ON DETACHABLE WRAPPERS.

In the examination of certain imported goods to ascertain whether the requirements of [F. I. D. 17], of April 21, 1905, have been complied with, instances have been found where wrappers on which a part of the label only is printed are used with packages, and the declarations required in the principal label (in conformity with the decision referred to and other decisions) are omitted. Inspectors of imported food products will be instructed to regard a package as misbranded if a wrapper is placed over the label attached to the package and the statements on said wrapper omit any of the declarations required on the principal label.

An illustration of this ruling is found in the examination of a recent importation on the principal label of which it is stated that salicylic acid was used in the preparation of the sample. The package is inclosed in a wrapper on which is found a part of the label, namely, the name of the substance together with the name of the manufacturer, but no statement of the fact that salicylic acid was used in its preparation. Inasmuch as these packages may be sold without the removal of the wrapper, the wrappers would not in their present form convey the necessary information to the purchaser and consumer.

The provisions of this decision will be enforced on and after January 1, 1906.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., October 14, 1905.

F. I. D. 32.

UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.

FOOD INSPECTION DECISION 32.
FOODS ENTERED FOR THE PURPOSE OF SALE TO OUTGOING SHIPS.

An importer has made the following statement relating to the labeling of certain products, namely:

We should like, however, to point out to you that our trade is one by itself, and these goods, and mostly all the other goods that we import, are not for consumption in the United States, but are shipped by us on board foreign-going vessels. Our business is the ship-supply trade, and these importations are brought in to enable us to give the same supplies to the different vessels as we are in the habit of furnishing in Great Britain. Under the circumstances, therefore, we hope if we furnish bonds or give you a guarantee that any goods, such as marmalade, imported by us would not be consumed in the United States it would enable you to pass the goods as they have been of late.

This is a case similar to [F. I. D. 25], “Food Products Offered for Entry and Afterwards Declared to be for Technical Purposes.” The principle involved is that a declaration respecting the uses to which a food may be put does not in any way affect its inspection when offered for entry and delivered to the consignee. If a food product be regularly offered for importation into the United States the subsequent use to which it may be put is not a matter which can affect in any way the duties of the inspecting officers. It is not the duty of these officers to follow the food into consumption nor to see what becomes of it after it is delivered to the consignee. The duty of these officers is to see that the food at the time of inspection conforms to the provisions of the law, that it has had no injurious substance added to it, that it is in a state fit for consumption, that it is properly labeled, and that it is not of a character forbidden sale or restricted in sale in the country where it is made or from which it is exported. If the foods in question conform to these provisions of the law, they are permitted to be delivered to the consignee. The purpose of the consignee in securing the goods and the disposition which he makes of them after they are secured do not appear to have any bearing upon the subject of the inspection itself. In the present case it is declared that the goods are intended to be sold to outgoing steamships. At the time of sailing these steamships are subject to the laws of the United States. The provisioning of these ships is made under the laws of the United States with articles of food produced in or imported into the United States.

In the enforcement of the law it makes no difference whether the foods are intended for disposition in this way or for ordinary consumption. If it is desired to use such foods for transshipment, they could be entered in bond, never passed through the custom-house, and removed from bond and reshipped. If the foods are treated in this way, and thus never brought within the jurisdiction of the United States, this Department will have no control over them in any way whatever. They would remain solely under the control of the Treasury Department, and that Department would see to it that they were reshipped beyond the jurisdiction of the United States. Even in this case it does not seem, however, that it would be possible to sell such goods for consumption on ships carrying the American flag. The application of the importer for a special ruling, therefore, in such cases is denied.

Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., October 30, 1905.

F. I. D. 33-36.

UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.