(F. I. D. 37.)
LABELING OF CHOCOLATES.
The question of the proper marking of plain or bitter chocolates and sweet chocolates has arisen on several occasions in the inspection of imported food products, and, after full investigation of all the facts of the case and the relations of previous decisions thereto, it appears that the following points are established:
1. Chocolate, plain or bitter, is imported for cooking and not for directly edible purposes.
2. Sweet chocolates are imported practically as a candy or confection.
This question is covered to a certain extent in [F. I. D. 26], section 8, which reads as follows:
8. The addition of the ordinary condimental substances to a food product, such as sugar, vinegar, salt, spices, and wood smoke, may be practiced without any notice to this effect appearing upon the label.
Section 9 limits the application of section 8. It reads as follows:
9. Food products of any given name are to correspond in quality to the standards established by authority of Congress for such products, and if they vary from this standard a notice to that effect is to appear upon the label.
It appears from the standards adopted by authority of Congress (Circular No. 13, Office of the Secretary) that chocolate, plain or bitter, can not have any substances added to it not noted in the standard and remain a standard product. If, therefore, chocolate, plain or bitter, have any starch or other substance added thereto for any purpose whatever, or sugar in insufficient quantities to make it a sweet chocolate, the addition of these bodies should be indicated by an appropriate statement on the label.
On the other hand, sweet chocolate, being intended for and plainly being a confection, would not require a statement to the effect that sugar had been added or a statement in regard to any of the other substances mentioned in the standard. If, however, any foreign substance other than that mentioned in the standard should be added to a sweet chocolate, a proper statement indicating that fact would be required upon the label.