Food Adulteration and Its Detection / With photomicrographic plates and a bibliographical appendix

by Jesse P. Battershall

The following is the text of the California Wine Adulteration Law, passed Feb. 17th, 1887:—

The People of the State of California, represented in Senate and Assembly, do enact as follows:—

Section 1. For the purposes of this Act, pure wine shall be defined as follows: The juice of grapes fermented, preserved, or fortified for use as a beverage, or as a medicine, by methods recognised as legitimate according to the provisions of this Act; unfermented grape juice, containing no addition of distilled spirits, may be denominated according to popular custom and demand as wine only when described as “unfermented wine,” and shall be deemed pure only when preserved for use as a beverage or medicine, in accordance with the provisions of this Act. Pure grape must shall be deemed to be the juice of grapes, only, in its natural condition, whether expressed or mingled with the pure skins, seeds, or stems of grapes. Pure condensed grape must shall be deemed to be pure grape must from which water has been extracted by evaporation for purposes of preservation or increase of saccharine strength. Dry wine is that produced by complete fermentation of saccharine contained in must. Sweet wine is that which contains more or less saccharine appreciable to the taste. Fortified wine is that wine to which distilled spirits have been added to increase alcoholic strength, for purposes of preservation only, and shall be held to be pure, when the spirits so used are the product of the grape only. Pure champagne or sparkling wine is that which contains carbonic acid gas or effervescence produced only by natural fermentation of saccharine matter of musts, or partially fermented wine in bottle.

2. In the fermentation, preservation, and fortification of pure wine, it shall be specifically understood that no materials shall be used intended as substitutes for grapes, or any part of grapes; no colouring matters shall be added which are not the pure products of grapes during fermentation, or by extraction from grapes with the aid of pure grape spirits; no foreign fruit juices, and no spirits imported from foreign countries, whether pure or compounded with fruit juices, or other material not the pure product of grapes, shall be used for any purpose; no aniline dyes, salicylic acid, glycerine, alum, or other chemical antiseptics, or ingredients recognised as deleterious to the health of consumers, or as injurious to the reputation of wine as pure, shall be permitted; and no distilled spirits shall be added except for the sole purpose of preservation, and without the intention of enabling trade to lengthen the volume of fortified dry wine by the addition of water, or other wine weaker in alcoholic strength.

3. In the fermentation and preservation of pure wine, and during the operations of fining or clarifying, removing defects, improving qualities, blending and maturing, no methods shall be employed which essentially conflict with the provisions of the preceding sections of this Act, and no materials shall be used for the promotion of fermentation, or the assistance of any of the operations of wine treatment which are injurious to the consumer or the reputation of wine as pure; provided, that it shall be expressly understood that the practices of using pure tannin in small quantities, leaven to excite fermentation only, and not to increase the material for the production of alcohol; water before or during, but not after fermentation, for the purpose of decreasing the saccharine strength of musts to enable perfect fermentation; and the natural products of grapes in the pure forms as they exist in pure grape musts, skins, and seeds; sulphur fumes, to disinfect cooperage and prevent disease in wine; and pure gelatinous and albuminous substances, for the sole purpose of assisting fining or clarification, shall be specifically permitted in the operations hereinbefore mentioned, in accordance with recognised legitimate custom.

4. It shall be unlawful to sell, or expose, or offer to sell under the name of wine, or grape musts, or condensed musts, or under any names designating pure wines, or pure musts as hereinbefore classified and defined, or branded, labelled, or designated in any way as wine or musts, or by any name popularly and commercially used as a designation of wine produced from grapes, such as claret, burgundy, hock, sauterne, port, sherry, madeira, and angelica, any substance, or compound, except pure wine, or pure grape must, or pure grape condensed must, as defined by this Act, and produced in accordance with and subject to restrictions herein set forth; provided, that this Act shall not apply to liquors imported from any foreign country, which are taxed upon entry by custom laws in accordance with a specific duty and contained in original packages or vessels and prominently branded, labelled, or marked so as to be known to all persons as foreign products, excepting, however, when such liquors shall contain adulterations of artificial colouring matters, antiseptic chemicals, or other ingredients known to be deleterious to the health of consumers; and provided further, that this Act shall not apply to currant wine, gooseberry wine, or wines made from other fruits than the grape, which are labelled or branded and designated and sold, or offered or exposed for sale under names, including the word wine, but also expressing distinctly the fruit from which they are made, as gooseberry wine, elderberry wine, or the like. Any violation of any of the provisions of any of the preceding sections shall be a misdemeanour.

5. Exceptions from the provisions of this Act shall be made in the case of pure champagne, or sparkling wine, so far as to permit the use of crystallised sugar in sweetening the same according to usual custom, but in no other respect.

6. In all sales and contracts for sale, production, or delivery of products defined in this Act, such products, in the absence of a written agreement to the contrary, shall be presumed to be pure as herein defined, and such sale or contracts shall, in the absence of such an agreement, be void, if it be established that the products so sold or contracted for were not pure as herein defined. And in such case the concealment of the true character of such products shall constitute actual fraud for which damages may be recovered, and in a judgment for damages, reasonable attorney fees to be fixed by the Court, shall be taxed as costs.

7. The Controller of the State shall cause to have engraved plates, from which shall be printed labels which shall set forth that the wine covered by such labels is pure California wine in accordance with this Act, and leaving blanks for the name of the particular kind of wine, and the name or names of the seller of the wine and place of business. These labels shall be of two forms or shapes, one a narrow strip to cap over the corks of bottles, the other, round or square, and sufficiently large, say three inches square, to cover the bungs of packages in which wine is sold. Such labels shall be furnished upon proper application to actual residents, and to be used in this State only, and only to those who are known to be growers, manufacturers, traders, or handlers, or bottlers of California wine, and such parties will be required to file a sworn statement with said Controller, setting forth that his or their written application for such labels is and will be for his or their sole use and benefit, and that he or they will not give, sell, or loan such label to any other person or persons whomsoever. Such labels shall be paid for at the same rate and price as shall be found to be the actual cost price to the State, and shall be supplied from time to time as needed upon the written application of such parties as are before mentioned. Such label when affixed to bottle or wine package shall be so affixed, that by drawing the cork from bottle or opening the bung of package, such label shall be destroyed by such opening; and before affixing such labels all blanks shall be filled out by stating the variety or kind of wine that is contained in such bottle or package, and also by the name or names and Post Office address of such grower, manufacturer, trader, handler, or bottler of such wine.

8. It is desired and required that all and every grower, manufacturer, trader, handler, or bottler of California wine, when selling or putting up for sale any California wine, or when shipping California wine to parties to whom sold, shall plainly stencil, brand, or have printed where it will be easily seen, first, “Pure California Wine,” and secondly his name, or the firm’s name, as the case may be, both on label of bottle or package in which wine is sold and sent, or he may, in lieu thereof, if he so prefers and elects, affix the label which has been provided for in section seven. It shall be unlawful to affix any such stamp or label as above provided to any vessel containing any substance other than pure wine, as herein defined, or to prepare or use on any vessel containing any liquid any imitation or counterfeit of such stamp, or any paper in the similitude or resemblance thereof, or any paper of such form and appearance as to be calculated to mislead or deceive any unwary person, or cause him to suppose the contents of such vessel to be pure wine. It shall be unlawful for any person or persons, other than the ones for whom such stamps were procured, to in any way use such stamps, or to have possession of the same. A violation of any of the provisions of this section shall be a misdemeanour, and punishable by fine of not less than fifty dollars and not more than five hundred dollars, or by imprisonment in the county jail for a term of not exceeding ninety days, or by both such fine and imprisonment. All moneys collected by virtue of prosecutions had against persons violating any provisions of this or any preceding sections shall go one half to the informer and one half to the District Attorney prosecuting the same.