§ 204. Sugar in Canned Fruits and Vegetables. Sugar used in canned fruits and vegetables so as to conceal their inferiority is a violation of the statute.1 In this decision the Secretary of Agriculture has said: "Numerous inquiries have been addressed to the department respecting the proper labeling of canned fruits and vegetables to which sugar has been added. Sugar is a wholesome food product, and is also condimental. It reveals its own presence by its taste. Its addition to a food product can not be objected to on the ground of injury to health. "It is held by this department that sugar can be used in the preparation of all food products where it is not used for fraudulent purposes. If sugar be added without notice to Indian corn which is not sweet, for the purpose of making it appear a sweet corn, to be sold as such, it is used for a fraudulent purpose, and for this reason is prohibited by the law. "In section 7 of the law it is provided that a food is adulterated if it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.’ It is evident, therefore, that a food product can not be mixed with any other substance for the purpose of concealing damage or inferiority. A vegetable which is not naturally sweet could not be sold as one which is naturally sweet by mixing with sugar without violation of the law, unless the addition of sugar is plainly indicated on the label. "The addition of sugar to canned vegetables is not for preservative purposes. Added sugar increases the tendency to fermentation. It is added wholly as a condimental ingredient. "It is held, therefore, that the addition of sugar to a substance not naturally sweet, converting it into a substance which might seem naturally sweet, is justified if the label plainly indicates that this sweetening material is added. In other cases, where no deception is practiced, the mention of the presence of sugar is not required. 1 F. I. D. 66. "The term 'sugar,' as used herein, is confined to sucrose (saccharose), either in a solid form or in solution." § 205. Tea. Tea that is filthy, extremely musty and moldy is adulterated.1 § 206. Tomato Catsup, Paste and Pulp. An examination of tomato catsup showed the product contained 180,000,000 bacteria per cubic centimeter, 107 yeast spores per one-sixtieth cubic millimeter, and mold filaments in 75 percent of the microscopic fields examined. The entire product was confiscated and destroyed.1 The product was also artificially colored so as to conceal its inferiority.2 The same ruling was made with reference to tomato paste,3 tomato pulp and "Brace Up Tomato Tonic." § 206a. Turmeric. A food called turmeric which contains wheat starch or wheat flour and 10.74 percent calcium sulphate is adulterated, the calcium sulphate being substituted in part for the article turmeric.1 § 207. Vanilla and Caramel. Vanillin and caramel used in vanilla is an adulterant.1 To 1 N. J. 829. Adulteration. Leach, Food Inspection 374. 1 N. J. 760; N. J. 761; N. J. 762; N. J. 763; N. J. 732; N. J. 781; N. J. 838; N. J. 827; N. J. 821; N. J. 805; N. J. 887; N. J. 875; N. J. 904; N. J. 921; N. J. 922; N. J. 925; N. J. 937; N. J. 943; N. J. 947; N. J. 950. 2 See also N. J. 79; N. J. 111; N. J. 156; N. J. 388; N. J. 474; N. J. 599; N. J. 604; N. J. 622; N. J. 670; N. J. 732; N. J. 992; N. J. 1003; N. J. 1004; N. J. 1006; N. J. N. J. 1034. 3 N. J. 762; N. J. 767; N. J. 801; N. J. 803; N. J. 1001; N. J. 1008; N. J. 893; N. J. 894; N. J. 973 N. J. 984. 4 N. J. 717; N. J. 744; N. J. 800; N. J. 900. 5 N. J. 999. Preservatives in, Leach, Food Inspection 907, 908. 1 N. J. 996. Leach, Food Inspection 452. 1 N. J. 663; N. J. 659 (vanillin color a dilute extract of vanilla so as to conceal its inferiority is an offense." A court can not say that "vanilla extract" and "vanilla flavor," as known to the trade, is one and the same thing; and that "extract" and "flavor” are synonymous in meaning. The substitution of synthetic vanillin for the extract of vanilla bean is an adulteration.* 3 § 207a. Vani-Kola. A liquid labeled "Vani-Kola Compound Syrup," which contained caffein and coca leaf alkaloids, including cocaine, has been condemned.1 § 208. Vinegar. A mixture of distilled vinegar and a product high in reducing sugars used in alleged cider vinegar is an adulterant.1 Dilute acetic acid mixed with a product high in reducing sugars used in alleged cider vinegar is an adulterant.2 Mixing water with vinegar so as to render the latter deficient in acid strength is an adulteration. The following analysis shows the vinegar analyzed as adulterated: "Solids Reducing sugar invert... Per cent sugar in solids.. 1.91 1.16 60.8 -2.6 -2.6 653; N. J. 645; N. J. 642; N. J. 3 N. J. 616; N. J. 597. Vinegar, cider vinegar, apple vinegar, as recognized by reliable manufacturers and dealers, is the product made by the alcoholic and subsequent acetous fermentations of the juice of apples. The analysis of the aforesaid sample disclosed that it contained dilute acetic acid, or distilled vinegar, and a foreign material high in reducing sugars. Hence the article was adulterated within the meaning of section 7 of the act in that a mixture of dilute acetic acid, or distilled vinegar, and a foreign material high in reducing sugars had been substituted wholly or in part for the vinegar which it purported to be, and was misbranded within the meaning of section 8 of the Act in that it was labeled 'Apple Cider Vinegar,' which statement was false, misleading, and deceptive because it was not an apple cider vinegar, but a mixture of dilute acetic acid, or distilled vinegar, and a foreign substance high in reducing sugars."' 8209. Waffles. A product was labeled "Non plus ultra I. J. S. Waffles. An analysis showed that it contained boric acid or its salts; and it was held that it was adulterated.1 N. J. 189; N. J. 815; N. J. 844. Adulteration. Leach, Food Inspection 770, 776. 1 N. J. 808. § 210. Whisky. To use coloring matter in whisky so as to conceal its inferiority is a violation of the statute. The following analy sis of whisky shows that it is unlawfully colored: 0.0 73.0 Color soluble in ether (percent). Color insoluble in amyl alcohol (percent) Such whisky can not be sold or offered for sale without a violation of the statute.2 § 211. Wine. To use artificial coloring matter in wine is to adulterate it; so to use glucose and benzoate of soda.2 1 F. I. D. 45. 2 F. I. D. 15. Adulteration, Leach, Food Inspection 738. 1 N. J. 737. 2 N. J. 824. Adulteration, Leach, Food Inspection 691. |