plainly declared on the label. It is the opinion of the board that copper sulphate is injurious and should be prohibited eventually, but it would work a great injury to American importers to put this ruling into effect at once. It is believed that the use of copper sulphate or of other salts of copper in restricted quantities for greening vegetables should be permitted for the pack of the present year, but for no longer."" Vegetables greened with copper salts but which do not contain an excessive amount of copper and which are otherwise suitable for food are allowed entry into the United States, if the label bears the statement that sulphate of copper or other copper salts have been used to color the vegetables.2 § 236. Coloring Concealing Inferiority. To use coloring matter in a product, so as to change its natural color, is an offense; as the use of annatto in milk,1 or a coal tar dye in lemon extract so as to conceal its inferiority, or cherry syrup,3 or olive oil, or lemon flavoring.5 § 237. Certificate and Control of Dyes Permissible for Use in Coloring Foods and Foodstuffs. "The Department of Agriculture is in receipt of a large number of inquiries concerning the interpretation to be put on that portion of F. I. D. 76 which refers to coal tar dyes not inhibited for use in coloring foods and foodstuffs. "The term 'manufacturer,' as used in F. I. D. 76 and in the present decision, applies to a person or company responsible for the purification of the crude or raw dye for the purpose of placing it in a condition fit for use in foods and foodstuffs; or to the accredited selling agent in the United 1 Memorandum to F. I. D. 76. But see now F. I. D. 102, where this ruling as to the use of salts of copper is modified. 2 F. I. D. 102, amending F. I. D. 1 N. J. 586. 2 N. J. 585; F. I. D. 536. 8 N. J. 549. 4 N. J. 453. 5 N. J. 444. States of such person or company. Such accredited agent must file, on behalf of his foreign principal, if the latter does not file it, a manufacturer's certificate, and it will be considered that the responsibility of such certificate will rest upon the accredited agent and not upon the foreign principal. "For each permitted dye two certificates must be filed by the manufacturer, the first to be known as the 'Foundation certificate,' the second known as the 'Manufacturer's certifiIt is suggested that the foundation certificate be in the following form: hereby certify under oath that I have personally excounty amined and tested for.... of...... (Full name of concern.) (City.) of.. as. the material known which corresponds to the coloring material numbered......in A. G. Green's Edition [1964] of the Schultz-Julius "Systematic Survey of the Organic Coloring Matters," and of which a one (1) pound sample marked...... is herewith submitted. I have found the said material to consist of that coloring matter only, to be free from harmful constituents, and not to contain any contamination due to imperfect or incomplete manufacture. (Here insert a complete statement of all the tests applied to determine: A. Identity. B. Absence of a. Mineral or metallic poisons. b. Harmful organic constituents. c. Contamination due to improper or incomplete manufacture.) Special attention should be given to setting forth fully the quantities or volume of each material and reagent employed, its strength or concentration, temperature, duration of treatment, limits of delicacy of tests employed, and any other information that is necessary to enable others to repeat accurately and correctly all the work herein referred to and thus arrive at identical results. For each test performed, state what conclusions are drawn from it and why. (Signature of chemist making the examination.) CERTIFICATION. "For the manufacturer's certificate the following form is suggested: I, doing business at..... county of.. of.... MANUFACTURER'S CERTIFICATE. the undersigned, a resident of the United States, in the city of...... (Street address.) ...., State of... (Full name of concern.) under the style do hereby certify under oath that I am the manu facturer of the material known as.... which corresponds to the coloring matter numbered.....in the 1904 Green Editon of the SchultzJulius Tables, of which the accompanying foundation certificate, signed by the examining chemist, is the report of an analysis of a fair, average sample drawn from a total batch of.. .pounds. ....... (Signature of manufacturer.) CERTIFICATION. "The foundation certificate must be filed with the Secretary of Agriculture at the time the first request is made of the Secretary to use any or all of the permitted dyes for coloring foods and foodstuffs. "The following form of supplemental certificate is suggested in those cases where a manufacturer desires to apply for permission to place on the market a new batch of a coal tar dye, which dye has already had a foundation certificate and a manufacturer's certificate filed for it. which corresponds to the coloring matter numbered ..in A. G. Green's Edition [1904] of the Schultz-Julius "Systematic Survey of the Organic Coloring Matters," of which a one (1) pound sample marked......is herewith submitted, and I have found it to consist of that coloring matter only and to be free from harmful constituents and not to contain any contamination due to imperfect or incomplete manufacture. This examination was conducted in strict accordance with the detailed scheme of examination fully set forth in the foundation certificate filed (Date.) CERTIFICATION. (Signature of chemist.) "This supplemental certificate should likewise be accompanied by the same type of manufacturer's certificate as is described above. "When the certificates filed with the Department of Agriculture are found to be satisfactory, a 'lot number' will be assigned to each batch, which lot number shall apply to that batch alone and to no other batch of the same color. "According to F. I. D. 76, the seven permitted coal tar dyes therein named, made specifically for use in foods, may be used in foods provided they bear a guaranty from the manufacturer that they are free from subsidiary products and represent the actual substance the name of which they bear. The guaranty herein considered shall be applied as follows: "Each package sold by the manufacturer should bear the legend 'Part of Certified Lot Number ..... The foundation certificate, as well as the corresponding supplemental certificate, does not apply to any certified dye beyond the package originally prepared by the one establishing this certificate. If such a package be broken and the dye therein contained be repacked, the repacked dye, except as hereinafter provided, becomes an uncertified dye, and as such is inhibited. "There is no objection on the part of the Department of Agriculture to mixtures1 made from these permitted and certified dyes, by those who have filed certificates with the department, but one (1) pound samples of such mixtures, and the trade name under which each mixture is sold, must be 1 See Section 239 for definition. sent to the Secretary of Agriculture, and no such trade name or keyed modification thereof may be used for any other mixture. ... ...... "The exact formula-that is, the true names as well as the numbers assigned to the original package and the proportions of the ingredients used-should be deposited with the Secretary of Agriculture, but such formula need not appear on the label; in lieu of which may appear the legend, 'Made from Certified Lots Number and Number ,' etc. If the packages of these mixtures bearing this legend be broken and repacked, the mixture becomes, except as hereinafter provided, an uncertified one, and hence its use is inhibited; that is, the guaranty of the manufacturer shall extend only to the packages prepared by himself and only for so long as they remain in the unbroken form. Whenever new lots of previously established mixtures are made, making use of new certified straight dyes therein, thus necessitating a change in the label, one-pound samples of the new mixtures should be sent to the Secretary of Agriculture. "The term 'competent experts' as used in F. I. D. 76 applies to those who, by reason of their training and experience, are able to examine coal tar coloring matter to ascertain its identity and to determine the absence of foreign matter not properly belonging to the product, which, if present, renders the substance unfit for use in food products. "The term 'batch" as used above is such a quantity of the product as has undergone the same treatment at the same time and the same place as a unit and not otherwise— that is, the lot for one purification. "Those to whom certification is given with respect to their dyes and a lot number assigned should control the sale of such batches so that they may account to the Department of Agriculture by inspection of their books or otherwise for the destination and disposal of each batch. "Those using these certified dyes in the preparation of 2 See Section 299 for definition. |