FOOD INSPECTION DECISIONS 33-36.
(F. I. D. 33.)
THE IMPORTATION OF A BEVERAGE UNDER A MISLEADING NAME.
A shipment of food product has been offered for importation labeled Raspberry Vinegar. On notice that it was held for inspection, a representative of the importer appeared and stated that the substance was not a vinegar, but a drink, and intended to be used as a beverage. In this case the material is held to be misbranded, as a vinegar is never intended for a beverage, but only as a condiment.
Notice is given that after May 1, 1906, importations of this description, or similar thereto, will not be admitted if misbranded in the manner mentioned. The name of the article, if descriptive, must indicate its true character. It is suggested that the term Raspberry Beverage is a suitable designation. It will be held, however, that if so labeled it must be a beverage made solely from raspberries or raspberry juice, and not preserved with any substance unmentioned on the label, except sugar, vinegar, or spices. Any substance added to such a product must not be injurious to health nor in violation of the laws of the country whence it comes.
Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 16, 1906.
(F. I. D. 34.)
PRESERVATIVES IN SAUSAGES.
An importer has made the following request:
About two years ago we had some difficulty with the Department of Agriculture on account of an added preservative or acid being found in German Frankfurter sausages. Our manufacturer has discontinued using any preservative, and we find that the sausages do not keep very well without this added preservative. We would ask you to kindly let us know if there is any objection to our using salicylic acid, boracic acid, benzoic acid, or, in fact, any preservative, if it is plainly stated on the label.
Inasmuch as letters of this nature are occasionally received, it is deemed advisable to make a general statement concerning the attitude of this Department in matters of this kind. It is neither practicable nor advisable for the Department to act in the capacity of scientific adviser to any importer or manufacturer of food products. The Department should be left free in all cases to decide according to the existing law the fitness of any food product to be delivered to the consignee. It can not, therefore, advise in respect of the use of any preservative or any other added substance further than is done in the regular decisions published in this series. The addition of any preservative of any kind to a food product may be objected to for three reasons.
(1) It may be a case of misbranding when the added body is not mentioned on the label.
(2) The added substance itself may be deemed to be injurious to health either as the result of present knowledge or of subsequent investigations.
(3) The added substance may be forbidden by the laws of the country in which the foods are made or from which they are exported.
In the case of the German sausage referred to, both boric and salicylic acids are prohibited by the German laws. Boric acid has been declared by this Department to be injurious to health. It does not appear that there is any convincing reason for the use of any preservatives in sausages except the usual condimental ingredients—salt, vinegar, spices, and wood smoke.
Until the results of experiments conducted in the Bureau of Chemistry are declared, small quantities of benzoic acid and benzoates, salicylic acid and salicylates, sulfurous acid and sulfites and copper sulfate are permitted in food products when plainly declared upon the label and when not forbidden by the laws of the countries where the foods are produced or from which they are exported. With respect to sulfurous acid in wine, this decision is not intended to supplant the principles laid down in [F. I. D. 28]. This permission is given without prejudice to any future decision of the Department excluding such substances by reason of excessive quantity or as being prejudicial to health, or for other legal causes.
Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 16, 1906.
(F. I. D. 35.)
MODIFYING IN CERTAIN CASES PROVISIONS IN [F. I. D. 12] AND [F. I. D. 26].
Experience has shown that in some cases the literal execution of the provisions of F. I. D. 12, of March 1, 1905, relating to first notice to importer, and of [F. I. D. 26], relating to the date at which relabeling after arrival in the United States may be permitted, namely, September 1, 1905, may cause unnecessary annoyance and inconvenience. It is therefore ordered that these two decisions be modified to permit in certain cases the importation of an article not labeled strictly in harmony with the provisions of the food-inspection laws after it is relabeled in a manner satisfactory to the Department. Such action seems especially desirable at the smaller ports, where exact information respecting the requirements of the inspection of foods is not so easily obtainable.
[F. I. D. 26] is also amended so that in certain cases importation after relabeling will be permitted. It is difficult to state exactly in what cases these amendments to [F. I. D. 12] and [F. I. D. 26] will be applied. In general, it may be said that where a food product is misbranded, but no substance deleterious to health has been added, and where neither the importer nor the shipper has had notice of the existence of the law or of its requirements, permission to relabel may be given. A similar permission will be extended to all food products already afloat at the time of receiving the first notice, or which are so advanced in shipment that they can not be countermanded by cable or otherwise. Other miscellaneous requests for permission to relabel will be decided upon the merits of the case presented, and permission to relabel be granted when it is evident that neither negligence nor indifference is responsible for the failure to secure a proper branding of the product. A similar permission will also be granted when it is apparent that the purpose of the law may thereby be fully accomplished. This action is not to be taken in case of food products containing added substances injurious to health or forbidden by the laws of the country from which the substance comes.
In this connection it is suggested to importers that all orders for food products in the United States be given subject to the passing of the inspection at the ports of entry. It will not be considered a sufficient excuse for the importation of improperly branded or otherwise objectionable food products to show that they were paid for before the inspection took place. The law has now been in force long enough to acquaint foreign exporters with its existence and domestic importers with its provisions. It is therefore held that paying for food products before inspection is completed will not be deemed a sufficient excuse for asking for the relabeling, remarking, or admission thereof.
There are certain other cases in which relabeling of an importation of food products may be permitted, but in no case will such a courtesy be extended where it is evident that either importer or exporter has had ample opportunity and notice to comply with the provisions of the law. Such cases include those where evidently honest attempts have been made to comply with the conditions of the law and where failure has been due to ignorance of the exact nature of the conditions required, or some unavoidable cause. These amendments are made to prevent unnecessary annoyance and hardships, and will not be construed in any way to excuse a failure to comply with the conditions of the law where it is evident that these conditions have been fully understood and opportunity afforded for their application.
Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 16, 1906.
(F. I. D. 36.)
SUBSTANCES, ORDINARILY FOOD PRODUCTS, INTENDED FOR TECHNICAL PURPOSES.
The question has been raised on several occasions whether food products which are offered for importation for other purposes than to be used in foods are subject to the inspections of similar products when intended for consumption. It has been held ([F. I. D. 32]) that it is not the purpose of the law, nor is it possible, to follow the ordinary food product into consumption in order to determine to what use it is finally put. The law levying duty on olive oils specifically provides that when such oil is imported for mechanical purposes it is free from duty as an edible oil, provided it is in a condition of rancidity or other state which renders it unfit for consumption as human food. There is no statute covering a similar condition for other food products. It seems only reasonable, however, to apply this principle of law to other food products when it can be done without complicating the question of the ordinary inspection.
It is therefore held that a substance which ordinarily is considered a food product, when offered for importation for technical purposes may be admitted without inspection on the following conditions:
(1) That in the invoice and accompanying declaration it is specifically stated that the substance in question is to be devoted solely to technical use.
(2) That the substance be so denatured, either by natural or artificial means, as to render it unfit for consumption as human food.
This Department reserves the right to determine in any given case whether or not the denaturing process is of a character which would render it impracticable to recover the article in a form suitable for consumption as human food. When substances ordinarily food products are presented hereafter for import into this country with the invoice and declaration above mentioned and in the denatured condition specified, they will not be detained for inspection by this Department longer than is necessary to ascertain the above facts. A denaturing process will be held to be valid provided it so changes the taste of the food product as to make it impossible for it to be consumed for food purposes, as, for instance, by the addition of an excessive quantity of common salt or other denaturing agent which would impart a taste of such a character as to cause it to be rejected by any one attempting to consume it.
This decision shall not be considered in any way to change the opinion of this Department with reference to food products offered as such for importation and afterwards declared to be intended for technical purposes, as stated in [F. I. D. 25], of June 21, 1905.
Approved:
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 18, 1906.
F. I. D. 37-38.
UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.