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The general answer to the question relating to coal-tar dyes may be summarized as follows:
1. No coal-tar dyes may be used in foods except those specifically enumerated in U. S. Food Inspection Decisions 76 and 77.
2. Although a coal-tar dye may be one there enumerated, it may not be used in foods unless it has been tested and certified, given a lot number and labeled as required by said decisions.
3. Dealers using or selling dyes which do not conform to U. S. Food Inspection Decisions 76 and 77 are not protected by the guaranties mentioned in the California acts and regulations. These dyes are not in themselves a food product, and the provisions as to guaranty do not apply to them, although in the case of food colored by the use of forhidden dyes and sold under guaranty, the purchasing dealer would be protected.
4. Although complying in every respect with the requirements of said decisions, a coloring matter may not be used to color a food so as to deceive or mislead the purchaser, or to conceal inferiority.
B. The labeling of drugs with particular reference to the percentage of
alcohol contained therein. This matter, it would seem, is covered by Section 6, subdivision second, of the Drug act, which, in part, states that a drug shall be deemed mistabeled if the package, as offered for sale at retail or wholesale, fail to bear a statement on the label of the per cent of volume of alcohol, etc. The words “about 20 per cent alcohol" would not be in conformity to the law.
Section 6 of the drug act also answers another question submitted to the Board concerning the labeling of a mixture of drugs, some of which contain alcohol, with the percentage of alcohol contained in said mixture.
C. The labeling of drugs as to the contents of packers, etc., of certain
ingredients. The questions under this head are fully answered by Sections 5 and 6 of the drug act. The former is explicit with reference to false or misleading statements, and the latter, in connection with Regulation 27, “Substances named in Drugs and Foods,” contains sufficient data for the guidance of those desiring such information.
D. The labeling of “Soda Water” artificially colored with coal-tar
dyes. All such beverages are in violation of the law, unless the dye used is one permitted by U. S. Food Inspection Decisions 76 and 77, and has been properly tested, certified, guaranteed and labeled as required by said decisions.
It must be remembered, however, that a coloring matter may not be used to color a food so as to deceive or mislead the purchaser, even though the dye complies in every respect with the requirements of the law.
E. The relabeling of Foods and Drugs on hand previous to January
1, 1908. The use of stickers, etc. This point is covered by an extract from U. S. Food Inspection Decision No. 78, reading :-“Any person has a right to use a label which is not false or deceptive in any particular, even though this result is arrived at through the use of stickers, erasures, or other suitable means. Attention is directed, however, to the fact that misleading and deceptive statements must be obliterated. In other words, it is not sufficient, in the opinion of the Board, that a deceptive statement should be allowed to remain in one portion of the label with a corrective statement in another portion of the label.”?
See also Regulation No. 16, adopted by the State Board of Health.
In this connection, it might be well to state that Regulation 17 of the California laws, "Name and Address of Manufacturer," and U. S. Food Inspection Decision 46, “Fictitious Firm Names,” contain the following statements which answer other questions received along this line:
When a proper name, other than that of the manufacturer, is placed upon a label, it must not be used in the possessive. For instance,
BORDEAUX can only be properly used on an oil manufactured by Charles Gaston at Bordeaux. The same is true if the designation
BORDEAUX be employed.
On the other hand, the word "Gaston” might be used in an adjective sense, and not in the possessive case as qualifying the words “Olive Oil, in a manner that would indicate that it represented a brand and not a manufacturer, as
GASTON OLIVE OIL.
OLIVE OIL, GASTON BRAND. In such case, however, neither the given name nor initial should be employed. The word “Gaston” should be in the same type as “Olive Oil” and in equal prominence, thus forming a part of the label.
The phrase “Olive Oil, Charles Gaston Brand,” may be used, in which case the name of the actual manufacturer should appear, in order that no false indication of the name of the person or firm manufacturing the product may be given. F. The labeling of compounds, or mixtures of one food product with
another. This matter is partly covered by California Regulation 19, “Distinctive Name," and by Regulation 26, "Mixtures or Compounds with Distinctive Names.”
U. S. Food Inspection Decision 75, “The Labeling of Mixtures of cane and maple syrup, fully illustrates and answers many of the questions included under this head. This is referring to mixtures of oats and wheat, lard and beef suet, etc.
When both maple and cane sugars are used in the production of sirup the label should be varied according to the relative proportion of the different ingredients. The same of the sugar present in excess of 50 per cent of the total sugar content should be given the greater prominence, on the label; that is, it should be given first. For example, a sirup of the sugars of which consist of 51 per cent cane sugar and 49 per cent maple sugar, would be properly branded as “Sirup made from Cane and Maple Sugar," or as "Cane and Maple Sirup. The terms, "Maple Sugar” and “Maple Sirup” may only be used on the label as part of the name when those substances are present in substantial quantities as ingredients. They should not appear on the label as part of the name when only a small quantity of these substances is used to give a maple flavor to the product. A cane sirup containing only enough maple sirup or maple sugar to give a maple flavor is properly labeled as “Cane Sirup, Maple Flavor," "Cane Syrup Flavored with Maple.'
Whenever it is necessary to declare cane sugar (sucrose) on a label it should be declared as cane sugar and not as white sugar.
With reference to the matter of the use of cereals in the manufacture of sausage, it may be said that the fact must be so stated on the label, although the kind of cereal used need not be so designated.
MARTIN REGENSBURGER, M.D., President,
F. K. AINSWORTH, M.D.
San Francisco San Francisco A HART, M.D.
Sa amento WALLACE A. BRIGGS, M.D., Vice-President,
0. STANSBURY, M.D.
N. K. FOSTER, M.D., Secretary .. Sacramento
STATE BUREAU OF VITAL STATISTICS.
STATE HYGIENIC LABORATORY. ARCHIBALD R. WARD, D.V.M., Director...
University of California, Berkeley
STATE FOOD AND DRUG LABORATORY. M. E. JAFFA, M. S., Director .
..University of California, Berkeley
CALIFORNIA PUBLIC HEALTH ASSOCIATION. The California Public Health Association will hold its annual meeting at Coronado Monday, April 20th, at 10 A. M. ,There will be no papers, but the following subjects will be presented for discussion, which will be opened by the gentlemen designated. After the opening a full and free discussion of the question is desired, and all are requested to come prepared to take part.
PURE FOODS AND DRUGS.—Discussion opened by Prof. M. E. Jaffa, Director of State Pure Food and Drug Laboratory.
GENERAL SANITATION OF CITIES AND TOWNS.—Discussion opened by
A DEPARTMENT OF EPIDEMIOLOGY IN THE STATE BOARD OF HEALTH.-
The meeting will be the day before the first session of the State Medical Society, and a full attendance is expected.
Arrangements have been made with the railroads to give a rate of a fare and one third for the round trip to any one attending the State Medical Society, and these rates will be granted to the members attending the Public Health Association. Buy a first-class single-trip ticket to San Diego at tariff rates, requesting of the agent a receipt certificate therefor, which, when certified to by the Secretary of the Medical Society, will be authority for the agent at San Diego to sell a return ticket for one third full rate. Tickets for the going trip may be purchased April 10th to 23d, inclusive, and certificates will be honored