in unclean receptacles. In order to prevent pollution during the packing or shipment of oysters, it is necessary to give proper attention to the sanitary condition of the establishment in which they are packed and to use only receptacles which have been thoroughly cleansed as soon as emptied. In order to prevent the possibility of contamination, it is desirable that such containers be sterilized before using.

"It is unlawful to ship or to sell in interstate commerce oysters or other shellfish which have been subjected to 'floating' or 'drinking' in brackish water, or water containing less salt than that in which they are grown. Such food is adulterated under section 7 of the law because a substance 'has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.' There can be no objection to 'drinking' shellfish in unpolluted water of the same salt content as that from which they have been removed. Attention is called, however, to the dangers resulting from 'drinking' shellfish near polluted fresh-water streams and near other sources of pollution.

"It is unlawful to ship or to sell in interstate commerce shucked oysters to which water has been added, either directly or in the form of melted ice. Such food is adulterated under section 7 of the Act because a 'substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength,' and also because a 'substance has been substituted wholly or in part for the article.'

"The packing of shellfish with ice in contact may lead to the absorption by the oyster of a portion of the water formed by the melting ice, thus leading to the adulteration of the oysters with water.

"Only unpolluted cold or iced water should be employed in washing shucked shellfish, and the washing, including chilling, should not continue longer than the minimum time necessary for cleaning and chilling.

"In view of the fact that the shipping season has begun and shippers will require several months to provide themselves with suitable containers for the shipment of shellfish out of contact with ice, no prosecutions will be recommended

prior to May 1, 1910, for the shipment or sale in interstate commerce of oysters or other shellfish because of the addition of water caused solely by shipment in contact with ice." This decision was amended by the following one:

"Considerable evidence has been submitted to the Department since the issuance of Food Inspection Decision 110 on the practice of floating or drinking oysters in water of less saline content than that in which they were grown to maturity.

"Full consideration has been given to all the hearings and to the briefs and other information submitted subsequent to the hearings, and the board is of the opinion that it is not improper to drink oysters in water of a saline content equal to that in which oysters will grow to maturity. If, however, oysters are floated in water of a less saline content than that in which oysters will properly mature, the packages containing such oysters must be very clearly and legibly labeled 'Floated Oysters,' otherwise they will be considered adulterated under section 7 of the law.

"Particular attention should be paid by the growers and handlers of oysters to the character of the water in which the oysters are brought to maturity or floated. Where such waters are polluted it will invariably follow that the oysters will also partake of this pollution and subsequent washing of the oysters, or even floating in water which is not polluted is likely not to cleanse them of this pollution.

"Oysters found in interstate commerce in a polluted condition because of the character of the water in which they are grown or floated are adulterated under the Food and Drugs Act."4

§ 186a. Peaches.

Evaporated peaches that are filthy, containing worms, beetles, worm excreta, sugar mites, yeast, and worm-eaten peaches, are adulterated.1

3 F. 1. D. 110.

4 F. I. D. 121. Average composi

tion, Wiley. Food Adulteration 164; Leach, Food Inspection 257.

1 N. J. 946.

§ 187. Peach Butter.

To substitute in part, in peach butter, glucose, is an adulteration of the butter.1

§ 188. Peach Extract.

To sell an imitation of peach extract for peach extract is a violation of the statute.1

§ 189. Peanuts.

Peanuts in a filthy condition, and infected with worms and other animal matter, and so contaminated with the presence of such worms and other animal matter as to be absolutely unfit for human consumption, can not be kept for sale.1

§ 190. Pepper.

Sand and ash used in pepper adulterate it.1 A wheat product, capsicum and fruit shells used in black pepper, adulterate it.2 Ground fruit stones and pepper shells put into pepper adulterate it. Leguminous seed substituted in part for pepper is an adulteration of the latter. So where 35 percent in the product was ground cereal it was held that the pepper was adulterated." A product labeled "pepper" containing ash 6.68 percent, ash insoluble in hydrochloric acid 1.10 percent, and crude fibre 22.42 percent, is adulterated, the percentage of ash insoluble in hydrochloric acid representing the amount of sand present in it."

§ 191. Phosphate, Apple.

A substance labeled "Apple Phosphate" showed the following results on analysis: Alcohol by volume 7.41 percent,

1 N. J. 592.

1 N. J. 520.

1 N. J. 368; N. J. 253; N. J. 944; N. J. 945. Composition, Wiley, Food Adulteration 420.

1 N. J. 297; N. J. 28.

2 N. J. 288; N. J. 159.

3 N. J. 210; N. J. 75; N. J. 122.

4 N. J. 158.

5 N. J. 835.

6 N. J. 1013. Adulteration, Leach, Food Inspection 435.

solids 3.22 percent, reducing sugars (after inversion) 1.70 percent, direct polarization +4.4°, invert polarization +4.4°, ash 0.125, alk. of sol. ash 10.9 cc, alk. insol. ash 4.0 cc, insol. ash 0.025, soluble ash by difference 0.00, P2O, in sol. ash 3.3 mg, P2O, in insol. ash 5.2 mg, total acidity (as malic) 0.412, volatile acid 0.022, fixed acids 0.362, reducing sugars direct 1.64. The product was condemned by the court.1

§ 192. Phosphoric Acid.

5

Preserves in which phosphoric acid is used in 0.16 percent are adulterated. So where 0.24 percent is used.2

§ 193. Pineapple Extract.

Coloring matter added to pineapple extract so as to conceal its inferiority is in violation of the statute.1

§ 194. Poison.

Any poison used in food is a violation of the statute. The courts will not indulge "in hairsplitting speculation as to whether the amount of poison used may possibly have been so nicely calculated as not to kill or be of immediate serious injury." Such is formaldehyde in cream or milk or other food.2

§ 195. Prunes.

Prunes of which 75 percent are infested with worms crawling in the crevices, and the remainder containing both excreta and sugar mites are adulterated.1

§ 196. Raisins.

To adulterate raisins so that they consist in part of a

1 N. J. 796.

1 N. J. 703 (preserves).

2 N. J. 702 (apple butter). In beer. Leach, Food Inspection 725; in baking chemicals, Leach, Food Inspection 346.

1 N. J. 152. Adulteration, Wiley, Food Adulteration 361. Imitation. Leach, Food Inspection 884, 885. 1 N. J. 658.

2 N. J. 513.

1 N. J. 833; N. J. 948.

filthy and decomposed vegetable substance is an offense under the Food and Drugs Act.1

§197. Rice.

Rice coated with glucose and talc is in violation of the statute if its inferiority is thereby concealed.1 In this instance the Secretary of Agriculture has said:

"It has been represented to the department that it is a very common practice in this country in the preparation of rice for commerce to treat it in the following manner:

1. The rough rice is passed through a set of stones, or shellers, which removes the hull.

2. The product is subjected to a series of scouring machines by which the bran and cuticle are removed.

3. The rice is passed through a machine that is known as the brush, which removes a portion of the flour, or more commonly known as polish.

'4. The rice is introduced into a warm revolving drum or cylinder holding often as much as 4,000 pounds, and glucose and talc are added in the following manner and in about the following proportion: As the rice is fed into the drums a small proportion of glucose and talc are applied, namely, glucose one one-thousandth and talc one three-thousandth part of the whole. The object of the glucose is to form a coating by means of which a part of the talc is held on the surface of the rice.'

"It is stated that the rice is coated for the following rea

sons:

'1. The coating makes the rice less susceptible to dust and other foreign matter during transportation and storage.

2. It is, in a measure, a preventive against the attack of the weevils and worms which are so destructive in warm climates.'

"It has also been represented that in some instances paraffin is used instead of glucose and that rice starch is sometimes used in place of tale for the purpose of finishing rice according to the method described above.

"In submitting these representations it has been asked if the process above described is permitted under the Food and Drugs Act of June 30, 1906. It is not clear to the de

1 N. J. 596; N. J. 531; N. J. 145; N. J. 146; N. J. 162.

1 F. I. D. 67; N. J. 1030.