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Regulation 10 also provides that "only harmless colors or flavors shall be added to confectionery."

§ 228. External Application of Preservatives.

"(a) Poisonous or deleterious preservatives shall only be applied externally, and they and the food products shall be of a character which shall not permit the permeation of any of the preservative to the interior, or any portion of the interior, of the product.

"(b) When these products are ready for consumption, if any portion of the added preservative shall have penetrated the food product, then the proviso of section 7, paragraph 5, under "Foods," shall not obtain, and such food products shall then be subject to the regulations for food products in general.

"(c) The preservative applied must be of such a character that, until removed, the food products are inedible.""1

§ 229. Wholesomeness of Colors and Preservatives. "(a) Respecting the wholesomeness of colors, preservatives, and other substances which are added to foods, the Secretary of Agriculture shall determine from chemical or other examination, under the authority of the agricultural appropriation Act, Public 382, approved June 30, 1906, the names of those substances which are permitted or inhibited in food products; and such findings, when approved by the Secretary of the Treasury and the Secretary of Commerce and Labor, shall become a part of these regulations.

"(b) The Secretary of Agriculture shall determine from time to time, in accordance with the authority conferred by the agricultural appropriation Act, Public 382, approved June 30, 1906, the principles which shall guide the use of colors, preservatives and other substances added to foods; and when concurred in by the Secretary of the Treasury and the Secretary of Commerce and Labor, the principles so established shall become a part of these regulations.

1 Regulation 14.

(c) It having been determined that benzoate of soda mixed with food is not deleterious or poisonous and is not injurious to health, no objection will be raised under the Food and Drugs Act to the use in food of benzoate of soda, provided that each container or package of such food is plainly labeled to show the presence and amount of benzoate of soda. Food Inspection Decisions 76 and 89 are amended accordingly."

§ 230. Dyes-Chemicals-Preservatives.

"It is provided in regulation 15 of the rules and regulations for the enforcement of the Food and Drugs Act, that the Secretary of Agriculture shall determine by chemical or other examination those substances which are permitted. or inhibited in food products; that he shall determine from time to time the principles which shall guide the use of colors, preservatives, and other substances added to foods; and that when these findings and determinations of the Secretary of Agriculture are approved by the Secretary of the Treasury and the Secretary of Commerce and Labor, the principles so established shall become a part of the rules and regulations for the enforcement of the Food and Drugs Act.

"The law provides that no food or food product intended for interstate commerce, nor any food or food product manufactured or sold in the District of Columbia or in any Territory of the United States, or for foreign commerce, except as thereinafter provided, shall contain substances which lessen the wholesomeness or which add any deleterious properties thereto. It has been determined that no drug, chemical, or harmful or deleterious dye or preservative may be used.

1 Regulation 15. The determination of the Secretary of Agriculture concerning the wholesomeness of colors, preservatives and other substances is not binding on the courts, though of great weight. Persons using colors and preservatives not authorized by the Secretary of Ag

riculture take their chance on being prosecuted by the government, while those using only those authorized are not prosecuted. Any one using unauthorized colors may show that their use is not in violation of the statute.

Common salt, sugar, wood smoke, potable distilled liquors, vinegar and condiments may be used. Pending further investigation, the use of saltpeter is allowed.

"Pending the investigation of the conditions attending processes of manufacture, and the effects upon health, of the combinations mentioned in this paragraph, the Department of Agriculture will institute no prosecution in the case of the application of fumes of burning sulphur (sulphur dioxid), as usually employed in the manufacture of those foods and food products which contain acetaldehyde, sugars, etc., with which sulphurous acid may combine, if the total amount of sulphur dioxid in the finished product does not exceed 350 milligrams per liter in wines, or 350 milligrams per kilogram in other food products, of which not over 70 milligrams is in a free state.

"No prosecutions will be based on the manufacture, sale, or transportation of foods and food products manufactured or packed during the season of 1907 which contain sodium benzoate in quantities not exceeding one-tenth of 1 percent, or benzoic acid equivalent thereto, provided sodium benzoate or benzoic acid has hitherto been generally used in such food and food products.

"The label of each package of sulphured foods, or of foods containing sodium benzoate or benzoic acid, shall bear a statement that the food is preserved with sulphur dioxid, or with sodium benzoate, or benzoic acid, as the case may be, and the label must not bear a serial number assigned to any guaranty filed with the Department of Agriculture nor any statement that the article is guaranteed to conform to the Food and Drugs Act.

"The use of any dye, harmless or otherwise, to color or stain a food in a manner whereby damage or inferiority is concealed is specifically prohibited by law. The use in food for any purpose of any mineral dye or any coal tar dye, except those coal tar dyes hereinafter listed, will be grounds. for prosecution. Pending further investigations now under way and the announcement thereof, the coal tar dyes hereinafter named, made specifically for use in foods, and which

bear a guaranty from the manufacturer that they are free from subsidiary products and represent the actual substance the name of which they bear, may be used in foods. In every case a certificate that the dye in question has been tested by competent experts and found to be free from harmful constituents must be filed with the Secretary of Agriculture and approved by him.

"The following coal tar dyes which may be used in this manner are given numbers, the numbers preceding the names referring to the number of the dye in question as listed in A. G. Green's edition of the Schultz-Julius Systematic Survey of the Organic Coloring Matters, published in 1904. "The list is as follows:

Red shades:

107. Amaranth.

56. Ponceau 3 R.

517. Erythrosin.

Orange shade:

85. Orange I.

Yellow shade:

4. Naphthol yellow S.

Green shade:

435. Light green S. F. yellowish.

Blue shade:

692. Indigo disulfoacid.

"Each of these colors shall be free from any coloring matter other than the one specified and shall not contain any contamination due to imperfect or incomplete manufacture.

"The question of the entry into the United States of vegetables greened with copper salts has not been finally determined. Pending the determination and decision of this matter by the Secretary of Agriculture, all vegetables greened with copper salts which do not contain an excessive amount of copper will be admitted to entry if the label bears a statement that sulphate of copper and other copper salts have been used.

"This food inspection decision is to be construed in connection with regulations 14 and 31 of the Rules and Regu

lations for the Enforcement of the Food and Drugs Act. Regulation 14 provides that poisonous and deleterious preservatives shall only be applied externally, and the preservatives in food products shall be of a character which shall not permit the permeation of any preservative to the interior, or any portion of the interior, of the product. It further provides that the preservative must be of such a character that, until removed, the food products are inedible, and that when these products are ready for consumption if any portion of the added preservative shall have penetrated the food product, the said food product shall then be subject to the regulations for food products in general.

"Regulation 31 provides that food products intended for export may contain added substances not permitted in foods intended for interstate commerce, when the addition of such substances does not conflict with the laws of the country to which the food products are to be exported, and when such substances are added in accordance with the direction of the foreign purchaser or his agent.

"No prosecution will be based on the sale of foods and food products manufactured or packed in the United States prior to the issuing of this decision, where the composition of such foods and food products is at variance with the requirements of this decision, if the nature of the variation be plainly stated on the label. In every case, however, the burden of proof will be on the manufacturer to show that the goods were manufactured or packed prior to the date of this decision.""

§ 231. Prohibition of Preservatives.

"Section 7 of the Food and Drugs Act, June 30, 1906, provides that, for the purposes of the Act, an article shall be deemed to be adulterated in the case of food if it contain any added poisonous or other deleterious ingredient which may render such article injurious to health. The decision states that it has been determined that no drug, chemical, or 1 F. I. D. 76.

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