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Henderson Bourbon

and

Maryland Reserve Rye

Analysis Proves them to be

PURE FOOD

HENDERSON WHISKIES

to Standard and True to Label

For Sale by

BREEN & KENNEDY

187-189 Washington Street

CHICAGO

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REPORT OF JAMES WILSON, SECRETARY OF
AGRICULTURE, ON THE ENFORCEMENT

OF THE FOOD AND DRUGS ACT.

The Food and Drugs Act locates in the Bureau of Chemistry the examination of specimens of foods and drugs for the purpose of determining whether such articles are mis

HON. JAMES WILSON.

branded or adulterated. In all other respects the law speaks to the Secretary of Agriculture, who under the act is charged with its enforcement. The advisory work is intrusted by the

Monthly, $1 Per Year. 10c Per Copy.

Secretary to the Board of Food and Drug Inspection and the Referee Board of Consulting Scientific Experts. The legal work is in the hands of the Solicitor of the Department of Agriculture.

CHEMICAL WORK.

Samples of suspected foods and drugs are collected in the course of interstate commerce by a force of inspectors connected with the Bureau of Chemistry, who also make sanitary inspections of factories. Samples of imported products are obtained through the agents of the Treasury Department.

The samples collected are first examined in the branch chemical laboratories, of which there are 21, situated at important ports of entry and commercial centers throughout the country, as follows: Boston, Buffalo, Chicago, Cincinnati, Denver, Detroit, Galveston, Honolulu, Kansas City, Nashville, New Orleans, New York, Omaha, Philadelphia, Pittsburg, Portland, Oreg., St. Louis, St. Paul, San Francisco, Savannah, and Seattle. At these laboratories, also, preliminary hearings are accorded the manufacturers and dealers concerned. When these examinations indicate that the product in question fails to comply with the law, the samples are forwarded to Washington, where another analysis is made in the Bureau of Chemistry, and opportunity for a full hearing before the Board of Food and Drug Inspection is accorded. When in any case the Board is satisfied that the law has been violated, the facts are reported to the Solicitor, who prepares the papers in the case for transmission to the Department of Justice, by whose officers the prosecution is conducted before the proper United States Court.

Following this procedure about 1,300 factories were inspected during the year. About 15,000 samples of foods and drugs passing in interstate traffic were taken, of which 9,631 were submitted to examination in the branch laboratories, with the result that more than 2,000 were forwarded to Washington and re-examined in the Bureau of Chemistry. Of imported products the branch laboratories examined 8,476 samples, about 2,500 of which were sent to Washington for re-examination. In addition, more than 79,000 samples of imported goods were submitted to floor inspection at ports of entry, without examination in the laboratory. Preliminary hearings to the number of 6,291 were conducted at the branch laboratories.

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ADVISORY WORK.

In the enforcement of the Food and Drugs Act this Department has to do with two classes of foods and drugs; first, those which enter interstate commerce or are sold or

manufactured within the District of Columbia or the Territories, and, second, those offered for import into the United States at the various ports of entry.

After an examination of samples of suspected foods and drugs has been made by the Bureau of Chemistry the report of that Bureau is given to the Board of Food and Drug Inspection. If it appears to the Board that there has been a violation of the provisions of the food law, citations are issued to the person from whom the samples were purchased in order that he may appear and give evidence as to the facts in the case. As a matter of courtesy hearings are always granted every person who may have an interest in the Such hearings are always private.

case.

The Board can not personally attend every hearing, except such as are held in the city of Washington. Hearings are granted at points where the branch laboratories of the Bureau of Chemistry are situated and are always held at such laboratories nearest and most convenient to the person cited.

After the evidence has all been collected the cases are again considered by the Board, with the result that they are either dismissed, placed in permanent abeyance, or submitted to the Solicitor of the Department for the preparation of the cases in legal form. These cases then come to me for my final consideration as to whether or not they should be referred to the Department of Justice for prosecution.

Many of the questions which have come before the Board for consideration are exceedingly perplexing, and it has often been necessary to hold public hearings, at which anyone interested in the subject under discussion has an opportunity to appear and present such evidence as is deemed pertinent to the question. This plan has always been pursued by the Board in the consideration of large questions, and in nearly every case, as the result of the hearings, formal decisions have been issued. Since the law was passed more than seventy food-inspection decisions have been issued for the guidance of those interested in the food law and the rulings under it. These decisions have no judicial force; they are merely statements of the Department's views and policy, and after their issuance it is customary to allow sufficient time to elapse before they are put into effect.

Under section 3 of the law the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor are empowered to make uniform rules and regulations for its enforcement. On October 16, 1906, what is known as Circular 21 of the Office of the Secretary was published. This contains the "rules and regulations" for the enforcement of the Food and Drugs Act. As experience has been gained in the enforcement of this law, necessity has arisen for adding to and amending the rules and regulations, and since the issuance of the first edition of Circular 21 ten rules and regulations have been promulgated by the three secretaries above mentioned. Some of these regulations are modifications of those already existing, while others deal with new subject-matter.

As a

Attention might be called here to the public hearings which have been held, because they are important as showing the method of getting in touch with the manufacturers so as to have full information prior to the rendering of decisions. For example, the bleached flour hearing took five days for its completion, and the evidence given was very full. result of this hearing a decision on the subject was rendered by the Department. At the present time the matter is in the courts because of manufacturers who have not been willing to accept the views of the Department. It is expected that before long the question will be settled by the courts. Attention should be drawn also to the public hearing which was given on the labeling of mineral waters. This was very largely attended and after mature consideration of the evidence submitted a decision was given expressing the opinion

of the Department as to the proper labeling to be placed on beverages of this type. General hearings were given also on the subjects of the labeling of yeast, weights and measures, labeling of chocolate and cocoa, oysters, New Orleans molasses, alum, etc.

It has been my observation that the manufacturers and jobbers have appreciated the efforts of the Department to obtain full information before the issuance of decisions, and in general it may be said that practically no complaint has been received after the decisions have been issued, and they have been quite generally complied with. In this way the law has been administered without undue harshness, and yet the results which it is the object of the law to attain have been and are being obtained. It is not the desire of the Department to make this law an instrument of oppression, but rather to get good results by the means indicated. In no case, so far as known, has the Department reported for prosecution cases against others than the persons who were originally responsible for the adulteration or misbranding; that is, it has been my desire to put the responsibility nowhere else. It is only by going to the fountain-head that the results can be obtained. No good can be obtained by prosecuting the middleman.

"ADULTERATION"

is an ugly word in the popular mind. It carries with it the idea that there is grave danger to the public health when adulterated foods are consumed. This may or may not be true. Under section 7 of the Food and Drugs Act, adulterants are of two kinds, namely, (1) those which may be injurious to health, and (2) those which are not unwholesome but which debase the character or value of the food. Adulteration of the latter type wholly disappears when the foods are properly branded so that the consumer knows exactly what is being purchased. The question of the

effect on health of "preservatives" in foods is in many instances very delicate. There is apparently but one way in which questions of this kind can be properly decided, and that is by means of experimental work. In some cases there appears to be a very marked difference of opinion among men who might be presumed to have the right to speak with authority on questions of this kind. The Department has therefore pursued the policy of submitting these large matters to what is called the "Referee Board of Consulting Scientific Experts," the personnel of which is such that the results obtained by them must of necessity carry conviction.. This Board was first organized shortly after the pure-food law went into effect, and the members were chosen by ex-President Roosevelt after correspondence with the heads of a large number of the most prominent universities of the United States, and on his suggestion the men were appointed by me. The board at present consists of the following members: Ira Remsen, president of Johns Hopkins University; Russell H. Chittenden, director of the Sheffield Scientific School, Yale University; Alonzo E. Taylor, University of California; C. A. Herter, College of Physicians and Surgeons, New York; and John H. Long, Northwestern University, Chicago. Several of the larger questions have been referred to this Board, but as yet only one has been reported upon, namely, the effect upon health of sodium benzoate. This report is published by the Department as Report 88 and comprises 784 pages, in which all the details of three separate sets of feeding experiments are given. Clinical details are given and in fact all such data as were used in reaching the conclusions. This report describes probably the most extended experiment of its kind ever undertaken in any country. Based upon this report, the Secretary of the Treasury, the Secretary of Commerce and Labor, and myself, who are empowered by the act to make rules and regulations for its en

forcement, promulgated Food Inspection Decision 104, which states that benzoate of soda may be used in foods, provided the amount used is clearly stated upon the container or package of food containing this substance. To the Referee Board there has also been referred the effect of sulphur dioxid, of saccharin, and of sulphate of copper on health, the latter being the substance ordinarily used in the greening of vegetables, many of which are being offered for entry into the United States. This Board is now engaged in the work submitted to it, and it is expected that reports will be received shortly on some of the questions which are now in its hands for experimentation and investigation.

In accordance with the rules and regulations for the enforcement of the act, where cases have been sent to the courts and judicial opinions have been rendered, such opinions are published by the Department not less than thirty days after being given. Considerably more than one hundred of these court decisions under the name of "Notices of Judgment” have been issued by the Board of Food and Drug Inspection, and there are a number in the course of preparation. These notices of judgment appear to be carefully considered by the manufacturinig interests. They contain the views of the courts on important points, and thus may serve as a guide, as in the case of the food inspection decisions.

The Department has carefully scrutinized the foods and drugs offered for entry at the various ports of the United States, with marked results. New York is the port at which perhaps 75 per cent of the foods and drugs are entered, and next in line comes Boston. There has been little difficulty in the enforcement of the law at the various ports on the whole. It may be said, however, that in some lines the entire character of products offered for entry has been changed, and products of a much higher grade are now imported. For example, it has been customary in the past for all case goods of edible oils, wines, liqueurs, distilled spirits, etc., to have marked on the outside not only the number of bottles or cans contained in the case, but also their contents. Examination has shown that such marking of contents has been very largely incorrect, but at the present time, through the work of the Department, very few, if any, fraudulent and misbranded cases are offered for entry. Olive oils are now offered at the ports of such a character that it is rare that one containing other oil is found.

Recently, importations of figs have been investigated. Information secured by the Department indicates that many of the packing houses in which figs have been packed in foreign countries are very insanitary and unhygienic, and that the products of these establishments constitute a distinct menace to the public health. In order to rectify these conditions no figs are now allowed entry into the United States unless accompanied by a certificate properly viséed by one of our American consuls, indicating the character of the conditions under which the packing has taken place. This does not of itself, however, secure immunity against inspection; on the contrary, figs which had been packed under sanitary conditions have been refused entry by the Secretary of the Treasury because of their wormy and moldy condition. As a result, the people of the United States are now receiving a clean and wholesome product, packed under proper conditions.

With the American people the term "cheese" has come to mean a product which is made from whole milk. A general inspection has been made at the various ports of the character of the cheeses offered for entry, and it has been found that a large number of the so-called cheeses have been made from milk from which a greater or less amount of the butter fat has been removed. The product made from such skim milk is properly called "skim-milk cheese," and all such cheeses offered for entry are now branded as "skim-milk

cheeses," or in some way so as to indicate that skim milk has been used in their preparation.

It should not be understood, however, that cheese made from skim milk is unwholesome or lacking in food value. In fact, in the preparation of certain types of cheese, the removal of more or less of the fat from the milk is essential. It is, however, desirable for the consumer to know whether the cheese is made from whole milk, and this is accomplished by proper labeling.

The Federal food law has proved of value to some of our large cities in raising the quality of milk furnished. Watering and skimminig of milk has been found altogether too common, nor is it unusual to encounter milk obtained under unsanitary conditions and then improperly cared for. A number of milk crusades have been held and the results have been gratifyinig. These will be continued from time to time as conditions seem to warrant. Too much care can not be given to improving the standard of this most important of foodstuffs.

One of the most flagrant violations of the Food and Drugs Act was the shipment of coffee coated with a mineral poison -lead chromate. Eighty-four sacks of this coffee were seized and destroyed by order of the court. Criminal proceedings were brought against the shipper of this poisonous coffee and a fine was imposed.

Under section 7 of the law, confectionery containing mineral matter is considered adulterated. Action has been taken against the use of metallic silver as a coating for dragées, which are largely used as a confection. The courts have sustained the Department and the case has been appealed by the defendants. Confectionery is a class of foodstuff which must at all hazards be kept wholesome and pure. Very few cases of the use of questionable preservatives are now encountered at the ports. Salicylic acid, boric acid, fluorides, and similar substances have practically disappeared from foodstuffs offered for entry, as well as foodstuffs manufactured within our borders and offered for interstate commerce. This result is especially gratifying because accomplished without recourse to the courts. It is true, however, that with respect to boric acid there are a few firms who have held out against the decision of the Department, but cases affecting them are now pending in the courts and it is expected that a judicial decision for our guidance will soon be given.

The correspondence of the Department relative to vexatious questions still indicates that the public are not yet fully informed concerning the law and its requirements. Wherever it is possible in the answering of the inquiries, information is given for the guidance of those making inquiry. It is not within the authority of the Department to point out exact methods of labeling, although as much information is given as can properly be extended.

Too great importance can not be attached to the character of the work done at the ports in controlling the drugs coming to this country. Very often the drugs are such that the Secretary of the Treasury, with whom I co-operate in the Board work for detentions, orders re-exportation, as he has authority to do under section 11 of the Food and Drugs Act. where the products detained may be of such character as to prove dangerous to the health of the people of the United States. To illustrate: Certain Chinese pills are offered for entry as being remedial in cases of persons afflicted with the opium habit. Examination of these pills has shown that they contain material quantities of opium or morphine, and without doubt such products are of a fraudulent character and as remedial agents for the opium habit are absolutely dangerous. Crude drugs from which remedial agents are to be prepared have been rejected where the remedial agent prepared therefrom was not of a character capable of being standardized, and when the crude drugs are weaker than prescribed by the

United States Pharmacopæia. As a result of this drastic but absolutely necessary action the character of the crude drugs offered for importation has been very materially improved, and exportation is not resorted to as frequently as formerly. The character of the shipments of drugs is scrutinized, and when false or misleading statements are found the circulars are removed or destroyed.

At the beginning of the inspection at the ports it was found that too much time was consumed in the handling of import cases. This difficulty has been overcome by the establishment of "precedents." It was found that there were many recurring cases of a similar type which the Department had to consider, and as soon as the line of action had become sufficiently settled I suggested to the Secretary of the Treasury that a similar line of action would be pursued by this Department when dealing with like cases. The Secretary of the Treasury has co-operated in such cases, and instead of the final action being taken in Washington they are now expedited by direct communication between the representatives of the Department of Agriculture and the Treasury at the ports of entry. This has very greatly minimized the time necessary to deal with certain classes of imports, and as conditions seem to warrant these precedents are increased in number so as to further expedite the work. This change has proved most satisfactory to the importers, but has in no way lessened the efficiency of the work.

LEGAL WORK.

There were reported through the Solicitor to the AttorneyGeneral and United States attorneys 494 cases of violations of the Food and Drugs Act, 359 more than were so reported during the previous year. Eighty-five cases resulted in conviction and fines of $2,002, with costs of about equal amount; 98 cases resulted in decrees of condemnation and forfeiture of many tons of goods, both foods and drugs; only 2 cases were lost by the Government; 2 seizure cases are pending on appeal to the circuit court of appeals; 135 cases were dismissed; 53 civil, 71 criminal, and 42 seizure cases were pending in the courts at the close of the year. Many of the 135 cases dismissed were accompanied by mitigating or palliating circumstances which caused the Department to recommend their discontinuance.

Among the cases reported and successfully prosecuted during the year were upward of 75 cases involving the adulteration of milk and cream, shipped from outlying districts to St. Louis, Kansas City, Cincinnati, and Chicago. This crusade has resulted in the material purification of the milk supply of these cities. A number of the more pernicious nostrums, extensively advertised and sold as cures for cancer, diphtheria, skin diseases, headaches, etc., have been excluded by successful prosecutions from interstate commerce, and substantial progress has been made in the improvement of the quality of flavoring extracts.

The question of the constitutionality of the act was decided in the western district of Missouri, the court sustaining the validity of the act.

A writ of mandamus to compel the Secretary of Agriculture to withhold the recommendation of prosecution against manufacturers and shippers of flour bleached by a certain process using nitrogen peroxid was denied by the court, and the decision was approved by the court of appeals of the District of Columbia.

There were published during the year 66 notices of judgment, provided for by section 4 of the Food and Drugs Act. The demand for these notices is great, and it is apparent that manufacturers and dealers are closely watching the operation of the law.

The pure food inspector of Tennessee has appointed three of the leading women of Nashville assistant food inspectors.

MAC VEAGH'S ATTACK ON THE PURE FOOD POLICY.

Under the foregoing title the St. Paul Pioneer Press indulges in some rather warm remarks concerning a subject in which the butter makers of Pennsylvania are very much interested. It declares that the oleomargarine men have found in Secretary MacVeagh, of the Treasury Department, a leader who, as they hope, is to go forth conquering and to conquer the makers of honest butter. He has already recommended to Congress a reduction of the tax to a pitiful two cents a pound on colored oleomargarine-a figure which would put no restraint whatever on the fraudulent manufacture or sale of this commodity as and for butter.

"It took long years of strenuous endeavor, organization and outlay for the butter makers to win from Congress the enactment of the law which compelled cleo men either to sell it honestly as oleo, or to pay a tax of ten cents a pound for the privilege of coloring it in imitation of yellow butter. A further long, anxious period intervened while the law was being tested in the courts. It stood the test; and the first victory was won for legislation favoring absolute honesty in the manufacture and vending of foods as opposed to the commercial honesty' which looked upon tricks as an admissible factor in all trades.

"The pure food and meat inspection laws of the Roosevelt era could never have been passed but for the campaign of education' carried on in behalf of pure butter. For the present administration to connive at the substantial restoration to oleo men of the privilege of selling their product as butter, will be to open the way to an utter abandonment of another of the Roosevelt policies and for the surrender of our markets again to the venders of all sorts of spurious and poisonous foods.

"Here is a consideration which outweighs even the loss and wrong which will be inflicted on the butter-making industry of Minnesota and other states by the readmission of a fraudulent article in competition with the golden product of our dairies. President Taft may well pause before he sanctions the advocacy, by a member of his cabinet, of a backward step in pure food legislation. Such a step would mark, not only the beginning of disaster to a great industrial interest, but of an early decay in the regenerative processes that, under Roosevelt's leadership, promised so much for the business world of America."

Our northwestern contemporary is quite right about the mischievous results that would flow from the adoption of the plan suggested by Secretary MacVeagh. It must also be conceded that the president is responsible for the actions of his constitutional advisers so long as he does not let the country understand that he is on the other side. It may be, however, that President Taft has had his mind occupied with other things since his induction into office and that when the matter is brought directly to his attention he will settle down on the side of the butter makers. At all events it is too soon to get excited and to apprehend such legislation as will overturn the dairy interests and place oleomargarine in the homes of the land as a substitute for butter, the consumer believing it to be butter.

In any event this Bulletin has not the slightest fear concerning the ultimate result. Even if the president were to join his Secretary of the Treasury in urging Congress to amend the Grout act so as to reduce the federal tax on colored oleomargarine from ten to two cents per pound-a most unlikely supposition-we do not believe a majority of the Congress could be persuaded to vote for the proposed reduction. There are too many farmers in this country, too many dairymen to make it probable that such obnoxious legislation could receive the assent of a majority in either house, let alone both.

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