These packages I hand you, Mr. Chairman, are examples of the proof of preparation in which there would be some question as to duplication of work and perhaps conflict of authority.

Mr. CHAPMAN. Thank you.

Dr. McCoy. Thank you, Mr. Chairman.

STATEMENT OF ROBERT C. HIBBEN, EXECUTIVE SECRETARY OF THE INTERNATIONAL ASSOCIATION OF ICE CREAM MANUFACTURERS, WASHINGTON, D. C.

Mr. CHAPMAN. The committee will be glad to hear from Mr. Robert C. Hibben, of the International Association of Ice Cream Manufacturers.

Mr. HIBBEN. My name is Robert C. Hibben, executive secretary of the International Association of Ice Cream Manufacturers, 1105 Barr Building, Washington, D. C.

Mr. CHAPMAN. That is the headquarters of that organization? Mr. HIBBEN. Yes, sir.

Mr. CHAPMAN. As it is of most of them?

Mr. HIBBEN. Yes, sir. This paper was supposed to have been presented in advance of Mr. Schmidt's paper yesterday, but due to the fact of the lateness of the hour and Mr. Schmidt wanted to get back to Cincinnati, he preceded me and went home.

This association is composed of 487 ice cream companies operating 1,200 icre cream plants in the United States.

Mr. CHAPMAN. What proportion of the commercial ice cream is produced by that organization?

Mr. HIBBEN. An analysis of our membership sales gallonage compared with the 1933 report of ice-cream production of the Bureau of Agricultural Economics, United States Department of Agriculture, shows that our members are manufacturing over 70 percent of the wholesale production of ice cream in the United States.

Mr. CHAPMAN. How much of it do you label correctly?

Mr. HIBBEN. It is all labeled correctly, under the present laws. Mr. CHAPMAN. But, if you use cloves instead of vanilla, do you put cloves on the label?

Mr. HIBBEN. We do not use cloves in ice cream, as I will explain later in this presentation.

Mr. CHAPMAN. Well, the gentleman who spoke yesterday said you did. Is he representing your organization?

Mr. HIBBEN. Yes, sir.

Mr. CHAPMAN. Was he correct in his statement that cloves, instead of vanilla, was being used?

Mr. HIBBEN. He was mistaken, vanillin is made from the oil of cloves.

Mr. CHAPMAN. I understood him to say that

Mr. HIBBEN. If you will let me explain that, I will go into that very shortly.

Mr. CHAPMAN. Well, I would like to have an explanation of that. Mr. HIBBEN. Yes, sir; I will give it to you.

An analysis of our membership by numbers shows that 70 percent are in the medium or small class, manufacturing less than 100,000

gallons per year, and 53 percent of our members manufacture less than 50,000 gallons per year.

The board of directors of the International Association have frequently gone on record endorsing fair and practical ingredient and sanitary standards for the manufacture and distribution of ice Some 10 years ago we were in negotiation with the Federal Food Administration in an endeavor to establish a national standard for ice cream.

Mr. CHAPMAN. Mr. Hibben, whose fault was it that it was unsuccessful?

Mr. HIBBEN. We came down to one point. The industry desired to have a minimum standard of 10 percent butter-fat content. The Department wanted 12 percent. The reason we wanted

Mr. CHAPMAN (interposing). Was it for the protection of the public that they wanted 12 percent?

Mr. HIBBEN. I would not say that.

Mr. CHAPMAN. Do you think ice cream is just as good with 10 percent as it is with 12?

Mr. HIBBEN. I believe so. Mr. Chairman, I have a brief which I would like to present. We had a brief prepared by the food authorities in this country which shows that 12 percent is a bit high for the consumption of the children. When you send your boy or girl out for a cone or dish of ice cream, if the butter-fat content is too high, it is detrimental rather than beneficial.

Mr. CHAPMAN. Is that borne out by medical and scientific data? Mr. HIBBEN. I will be glad to produce that brief of 10 years ago, in which the medical authorities were quoted, and present it to the committee, if you want it.

Mr. CHAPMAN. We will be glad to have you produce it.

Mr. HIBBEN. The reason why we wanted 10 percent instead of 12 was the fact that down in your own country, in Tennessee and Kentucky, at that time, the butter-fat content of their ice cream was only 6 to 8 percent. At the present time in Tennessee the butter-fat minimum content is 8. In Kentucky it is 10. And it would have worked a great hardship. It would be a great hardship on southern manufacturers to have to increase their butter-fat content, some of them doubled, and some of them 50 percent.

To go on with my presentation: While this was unsuccessful, the board of directors of this association are still in favor of a national standard for ice cream, which is heartily endorsed by the membership, and it is our hope that Senate 5, the bill now under consideration, will give us the opportunity of securing this standard.

At the time of the previous negotiations with the Food Administration here was a great lack of uniformity in State standards for ice cream. It was at the suggestion of Dr. Campbell that the association, through its committee on definitions and standards, sanitary control committee, and the research committee, prepared suggested State standards. This endeavor of the association resulted in a suggested sanitary law approved by the sanitary control committee of the International Association of Dairy and Milk Inspectors and this association, a suggested ice-cream standard and a

plant manual for use of members in carrying out the provisions of these standards and regulations. This endeavor on the part of the International Association has been used as a basis for 14 new State standards and several city ordinances.

The ice-cream industry offers an excellent market for American dairy and fruit farmers and the producers of sugar. The ice-cream industry is a very important market for the dairy farmer. In 1929, according to the United States Department of Agriculture figures, 4 billion pounds of milk were used in the manufacture of ice cream. When you consider that 75 percent of ice cream sales are in the five warm months, the ice cream industry offers a market for dairy products in the farmer's flush season. The ice-cream industry is commonly called the balance wheel of the dairy farm industry.

Mr. CHAPMAN. Mr. Hibben, what proportion of the ice cream does the farmers' milk constitute?

Mr. HIBBEN. What proportion of the farmers' milk?

Mr. CHAPMAN. Yes.

Mr. HIBBEN. You mean of the whole, the total amount of milk? Mr. CHAPMAN. Yes; what proportion of milk, and what proportion of eggs, and what proportion of other products.

Mr. HIBBEN. I bring that out later, if I may go ahead with my paper.

Mr. CHAPMAN. That is all right.

Mr. HIBBEN. Ice cream is principally a dairy product. Eighty percent of the weight of the constituents of ice cream is cream, milk, or their products. The remaining constituents are sugar, 15 percent, and flavor 5 percent. That is the general average for fruit and nut ice cream, while in the case of vanilla ice cream the dairy products and sugar content is over 99 percent. With strawberry, peach, or other fruit ice creams a portion of the milk products are displaced. This can only be so when true fruits are used. If anything artificial is used it does not displace the milk products. Hence the food property of the product is reasonably constant and cannot be substituted.

Therefore, the index to quality ice cream for the past 50 years has been its dairy products, especially butterfat content. The icecream industry is under very strict State and local regulations concerning the butterfat content of ice cream as shown by the accompanying exhibit (A) giving the butterfat requirements in the various States. It is our hope that should Senate 5 become a law we will have a suitable Federal standard for ice cream governing interstate shipments.

Mr. CHAPMAN. There is a standard in my State.

Mr. HIBBEN. Sir?

Mr. CHAPMAN. There is a standard in my State.

Mr. HIBBEN. There is in every State in the United States. I can file this tabulation showing State butterfat and milk solids standards for plain, fruit, and nut ice cream.

Mr. CHAPMAN. We will be glad to have it.

(The tabulation is as follows:)

State butterfat and milk solids standards for plain, fruit, and nut ice cream

While ice cream is chiefly a dairy product, to tempt the palate the industry has developed a large variety of ice creams, using flavors, fruits, nuts, and various confections; however, the principal flavors in the industry are vanilla, chocolate, and strawberry in the following percentages: Vanilla, 48.46 percent; chocolate, 16.78 percent; and strawberry, 8.27 percent.

Senate 5, in paragraph (d) of section 301 on page 6 permits the use of harmless flavoring and harmless coloring in ice cream; however, when you turn to paragraph (k) of section 302 on page 9, Senate 5 would require such harmless flavors and harmless colors, if artificial, to be so stated on the label. Without giving any protection whatever to the consumer, this upsets the precedence of the five decades

since the industry was founded. The industry agrees to regulation by the Food Administration in designating what flavors and colors are harmless and may be used. The industry desires regulations of the Administration which will establish a suitable standard that will protect the public against inferior products. There is no artificial color or flavor which can replace or substitute for or mislead the consumer as to the principal constituents, milk products and sugar, which comprise from 95 to 99 percent of our product, depending on the flavor.

Mr. CHAPMAN. Do you think it is proper that if you use vanilla in the name, and it says vanilla ice cream that you ought to be permitted to use oil of cloves in its manufacture?

Mr. HIBBEN. I am getting to those cloves, just as fast as I can. The industry petitions this committee that the ice-cream industry may be relieved from the labeling restrictions in paragraph (k) of section 302, on page 9. Therefore, we respectfully request this committee to amend paragraph (k) of section 302, page 9, and insert in line 9 after the comma following the word "color" the following: "except those permitted in paragraph (d) of section 301." We make this request for the following reasons:

(1) It is felt that a housewife with the various packages labeled as would be required will become suspicious and turn away from ice cream to the detriment of both the industry and the American farmer. She is not being harmed at the present time by the lack of such labeling, as I will endeavor to develop in this brief;

(2) It will increase the cost of packaging ice cream tremendously; in some cases as high as 100 to 300 percent. This was shown yesterday by Mr. J. J. Schmidt, a practical man of many years' experience in the industry, who is general manager of French-Bauer, Inc., Cincinnati, Ohio.

A survey made several years ago showed that the ice-cream industry was using true fruit flavors, and it is not the intent or purpose of this petition to open the way for the use of artificial flavors. to supplant the large quantities of fruits and nuts used by the industry throughout the country. For example, it is estimated that in 1934 the ice-cream industry used 5,731,441 quarts of strawberries which was only 2,000,000 quarts less than the peak year in 1929. Ice cream sales are again on the increase with the resultant benefits to both the dairy and fruit farmer.

At the present time the ice-cream industry is one of the larger outlets, outside of the canning industry, for fresh peaches. Peach ice cream has grown to be a remarkable flavor, much appreciated by the public, and our sales of this flavor are increasing yearly. Large volumes of peaches are used in the manufacture of ice cream, and I know everyone in this room has enjoyed a good dish of peach ice cream flavored by the fresh fruit.

Mr. KENNEY. I would like to say that the sooner you clear that point up the better, because I have not had any ice cream since these hearings started.

Mr. HIBBEN. Last winter buttered pecan ice cream became an outstanding flavor, due to the new process of preparing same. What happened to the pecan market? The price of pecans, due to the large quanities of nuts used by the industry, practically doubled in price.