foods and foodstuffs must be in a position to substantiate the fact that the dyes so used were of a properly certified character. "There is no guaranty on the part of the Department of Agriculture that because the tests described in any foundation certificate have once been accepted, the permanency of such acceptance is assured. "In those cases where a package of a straight dye or a mixture of such dyes, bearing proper labels to the effect that they are of a certified lot or lots, is broken and repacked in still smaller lots, or treated with solvents, mixed, etc., the person or company so treating these dyes must stand sponsor for their integrity. This may be accomplished by submitting a statement to the Secretary of Agriculture as follows: under oath that I have repacked.. .purchased from.. (Full address.) do hereby certify .lbs. of certified lot (or lots).... of...... This repacking has been accomplished in the following fashion: (Full description of what has been done with the lot or lots.) (Name.) CERTIFICATION. On presentation of this certified form, properly filled out, to the Secretary of Agriculture, a lot number will be assigned, which number should be used in labeling according to the methods already described. If, for example, a portion of lot number '127' is repacked in smaller packages, the lot number '127 A' will be assigned to this repacked dye, to enable the department to follow this into consumption if necessary and still trace it back to the person by whom the dye was originally certified."" 3 F. I. D. 76. 238. Certification of Straight Dyes and Mixtures Under Secondary Certificates. "In Food Inspection Decision 77 provision is made for the recertification of straight dyes (i. e., the seven accepted dyes of F. I. D. 76) and mixtures thereof, with or without other harmless ingredients. "Doubt has been expressed as to whether the requirements of F. I. D. 77, with respect to certification, are the same for those who are not manufacturers as they are for manufacturers. This amendment is issued relative to recertification in order to remove uncertainty and to indicate the scope of F. I. D. 77. "All persons, manufacturers or others, requesting certification of mixtures and recertification of straight dyes, or of mixtures or combinations thereof, shall submit the following form of secondary certificate to the Secretary of Agriculture: SECONDARY CERTIFICATE. I,...., residing at...... (Full address.) do hereby depose and state that I have repacked....lbs. of certified lot (or lots).... purchased from... This repacking has been accomplished in the following fashion: of...... (Full description of what has been done with the lot or lots.) Certified mixture No. J. D. & Co....., or certified straight dye No. J. D. & Co..... Trade name...... Subscribed and sworn to before me,. (Name.) in and for the......of ..at......, this....day of......, (Name of officer authorized to administer oaths.) "When the secondary certificate refers to mixtures, the term 'mixture' means 'not only such mixtures as consist wholly of certified coal-tar dyes but also those which contain one or more certified coal-tar dyes (and no other coaltar dye or dyes) in combination with other components, constituents, or ingredients not coal-tar dyes, which other components, constituents, or ingredients are in and of themselves or in the combination used harmless and not detrimental to health or are not prohibited for use in food products; the exact formula of such mixtures, including all of the components, constituents, or ingredients, or other parts of the mixture, together with a statement of the total weight of mixtures so made, must be deposited with the Secretary of Agriculture.' 1 "The term 'straight dye,' as used herein, refers to the seven dyes specified in F. I. D. 76. "In the case of mixtures one (1) pound samples, and in the case of straight dyes one-half (2) pound samples must be submitted with the secondary certificate. If larger samples are needed in individual cases the department will ask for them. "Only those mixtures will be certified which contain no other dyes than coal tar dyes previously certified. Mixtures containing animal or vegetable dyes are not subject to certification. "The above form for secondary certificates varies but slightly from that given in Food Inspection Decision No. 77. It contains the addition 'Certified mixture No. J. D. & Co. and 'Certified straight dye No. J. D. & Co. ... When the manufacturer or other person submits a secondary certificate, whichever legend is appropriate to the certificate is to be used. The initials are to be those of the person or firm filing the certificate; the blank space is to be filled with the number of the secondary certificate filed by that particular person or firm. For example, the firm of J. D. & Co. has already filed fourteen secondary certificates, the new one. to be filed under the form given above will then be labeled 'Certified mixture No. J. D. & Co. 15,' or 'Certified straight dye No. J. D. & Co. 15,' as the case may be. That is, the recertified straight dyes or certified mixtures are to be given a number in regular order, according to the number of such secondary certificates filed by any person or firm. The completed legend is the one to be used in marketing the prodnets thus submitted under the secondary certificate. Notification will be given of the acceptance or rejection of the 1 F. I. D. 106. PURE FOOD-20. certificate when investigation of the product has been completed. "Makers of secondary certificates must submit the trade name of mixtures produced, and no such trade name or keyed modification thereof should be used on any other mixture prepared by the same person or company. "Secondary certificates are to be sent in duplicate to the Department of Agriculture; the duplicate need not, however, be signed or sworn to. The samples should be submitted with the secondary certificates."2 § 239. Definition of the Terms "Batch" and "Mixtures." "The definition of the term 'batch' as given on page 4, lines 12 to 14 of Food Inspection Decision 77, is hereby extended to include also the contents of one package, cask, or other container holding 500 pounds or less of dye, even though the contents of such package, cask or container has not undergone the same treatment at the same time and the same place as a unit. "The word 'mixtures' as used on page 3, line 15 from the bottom, and following, of Food Inspection Decision 77, is hereby declared to mean not only such mixtures as consist wholly of certified coal tar dyes, but also those which contain one or more certified coal tar dyes (and no other coal tar dye or dyes) in combination with other components, constituents, or ingredients not coal tar dyes, which other components, constituents, or ingredients are in and of themselves or in the combination used harmless and not detrimental to health or are not prohibited for use in food products; the exact formula of such mixtures, including all of the components, constituents, or ingredients, or other parts of the mixture, together with a statement of the total weight of mixture so made, must be deposited with the Secretary of Agriculture and a one (1) pound sample thereof must be sent to the Secretary of Agriculture, but such formula need not appear on the label; in lieu of which may appear the 2 F. I. D. 129. legend, 'Made from certified lots Number .... and Num ber ... ......, etc.,' and no mention need be made of any constituent or constituents other than the certified coal tar dyes employed."" § 240. Use of Certified Colors. "Food Inspection Decision No. 76, published July 13, 1907, gives a list of seven coal tar dyes, which may, without objection from the Department of Agriculture, be used in foods until further notice. Food Inspection Decision No. 77, published September 25, 1907, provides for the certification of dyes. Food Inspection Decision No. 77 was amended March 25, 1909, by Food Inspection Decision No. 106. Some manufactures have succeeded in producing the seven colors, under the conditions outlined in Food Inspection Decision No. 77. Certified dyes are now on the market. Certified dyes may be used in foods without objection by the Department of Agriculture, provided the use of the dye in food does not conceal damage or inferiority. If damage or inferiority be concealed by the use of the dye, the food is adulterated. "Uncertified coal tar dyes are likely to contain arsenic and other poisonous material, which, when used in food, may render such food injurious to health and, therefore, adulterated under the law. "In all cases where foods subject to the provisions of the Food and Drugs Act of June 30, 1906, are found colored with dyes which contain either arsenic or other poisonous or deleterious ingredient which may render such foods injurious to health, the cases will be reported to the Department of Justice and prosecutions had. "The department is in possession of facts which show that there are so-called vegetable colors on the market which contain excessive quantities of arsenic, heavy metals and contaminations due to imperfect or incomplete manufacture. While the department has raised no objection to the use of 1 F. I. D. 106. |