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Naturally, it is not possible, during the first few months of the Laboratory's existence, to correct all the evil influences arising from food and drug adulteration. The seemingly most important infringements are first taken up, and it appears to those in charge of the work that one of the most imperative needs is to remedy the evils of the adulteration of meats and meat products. This is not only important for the protection of the consumer, but it is of vital interest to the honest manufacturer, and particularly to those who are interested in meats and meat food products intended for interstate commerce. These people are under Federal inspection, and without the coöperation of the State would be forced to submit to competition of those within the State who are not under such inspection, because the latter do not send their goods outside of the State.
Notice is therefore given to all dealers and manufacturers, and those concerned in the manufacture or sale, of meats and meat food products in California, except those to whom the Federal meat inspection law applies, that, in accordance with Section 3 of the California law, reading: “The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture”; the State Board of Health will coöperate with the Federal authorities to the extent of collecting and analyzing samples of meats, and meat food products manufactured in this State. Any infringements of the Federal law with respect to the use of preservatives or coloring matter will be considered as violations of the California law.
For the guidance of those interested, the following excerpts from the Federal law may be of interest :
A meat food product, within the meaning of the meat-inspection act and of these regulations, is considered to be any article of food intended for human use which is derived or prepared in whole or in part from any edible portion of the carcass of cattle, sheep, swine, or goats, if the said edible portion so used is a considerable and definite portion of the finished food.
No meat or meat-food shall contain any substance which lessens its wholesomeness, or any drug, chemical, harmful dye, or preservative, other than the preservatives, common salt, sugar, wood smoke, vinegar, pure spices, and, pending further inquiry, saltpeter.
Regulation 39 provides that no dye, unless authorized by the Federal statute, shall be used in any meat food product until the use of such dye has been specifically authorized by the Secretary of Agriculture. It has been decided to allow the use of certain dyes on sausage and other casings when the character of the casings is such that the dye will not penetrate into the meat food product contained in the casing. Cloth casings which it is desired to color with these dyes shall first be dipped in uncolored paraffin. Permission has been granted for the use of annatto for this purpose. In addition, the dyes permitted under the Food and Drugs Act of June 30, 1906, as enumerated in Food Inspection Decision 76, may be used for dyeing casings but for no other purpose. These dyes are as follows: Red shades: 107. Amaranth.
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Blue shades : 692. Indigo disulfo acid.
False or deceptive names.—No picture, design, or device which gives any false indication of origin or quality shall be used upon any label. Any statement, design, or device regarding the virtues or properties of the materials contained in the package that is false in any particular is prohibited by law; for example, the picture of a pig appearing on a label which is placed upon beef product; the picture of a chicken appearing upon a label placed upon a product composed of veal or pork; the picture of a leaf or leaves appearing in connection with the word “Lard” is considered deceptive, except that, when used on packages containing leaf lard it may appear separately from the word "Lard” as a brand; e. g., “Maple Leaf Brand.” Such words as “Special,” “Superior,” “Fancy,” “Selected,” etc., placed upon products which are more inferior than implied by the term used are false and deceptive.
Geographical names.—Geographical names may be used only with the words “Cut,” “Type,” “Brand,” or “Style," as the case may be, except upon foods produced or manufactured in the place, State, Territory, or country named; for example, “Virginia Ham,” not produced in Virginia, must be marked “Virginia Style Ham”; “English Brawn” must be “English Style Brawn”; “English Sausage” should be “English Style Sausage”; “Bologna Sausage” should be “Bologna Style Sausage”;“Frankfurter Sausage”' should be “Frankfurter Style Sausage”; “Cumberland Middles” should be “Cumberland Cut Middles”; “Winchester Sausage” or “Winchester Ham,” should be “Winchester Brand Sausage” or “Winchester Brand Ham,” etc.
Names of breeds of live stock and names of persons.—Names indicative or imitative of distinctive types or breeds of live stock can not be used unless the product is actually made of the meat from animals of those breeds; for example, “Berkshire Pork” can not be used unless the product is from the Berkshire breed of hogs.
Names of persons, when used as brands or applied to cuts, will not be considered deceptive.
Products prepared for another establishment.— When an article is prepared by an establishment for another firm or individual, if the name of the said firm or individual is to appear upon the label, the statement must be made that the article was prepared for” or “manufactured for” the firm or individual. Names of the subsidiary companies which have legal entity may be used without the prefix “prepared for” or “manufactured for''; and such subsidiary companies must make application for inspection under the establishment number of the parent organization. The name of a firm or individual may appear as the distributor of the product.
Hams.—The word “Ham,” without a prefix indicating the species of the animal, is considered to be a pork ham. Trimmings removed from the ham and used in the preparation of potted or prepared meats or sausage, or when used alone, may be known as “Potted Ham” or “Ham Sausage.” The word “Ham” can not be used on any prepared ham product without some word clearly and truthfully indicating the method of preparation ; thus, “Potted Ham,"? “Deviled Ham,” “Minced Ham,"? “Ham Sausage.”
Tongue.—No species of animal need be indicated; but if the species is specified, the statement must be true. In connection with the preparation of tongue products, the ruling will be the same as those in connection with the preparation of ham products; •for example, “Potted Tongue’’ must be made of tongue or tongue trimmings.
Mixtures and compound.-Mixtures, when the name plainly indicates a mixture, such as “Sausage,” “Hash,” “Minced,”' etc., need not be marked. “Compounds”—other mixtures not so indicated by their names must be marked “Compound.” In the case of compounds containing lard, stearin, or other fats, or cottonseed oil, and in compounds containing stearin and cottonseed oil, the names of the ingredients must appear upon the label. If the compound has a distinctive name, such as “White Cloud,” “Cottolene,”: “Cottosuet,” etc., the word “compound”' need not appear, but the ingredients must be stated upon the label. When the word “compound” is used, it can not be qualified by any adjective either before or after, nor can the name of any product be attached to the word “compound” unless that product is the principal ingredient of the compound.
Unless mincemeat, or pork and beans, or soups contain a considerable proportion of meat, they will not be considered meat food products.
Sausages and chopped meats.—The word “sausage,” without a prefix indicating the species of animal, is considered to be a mixture of minced or chopped meats, with or without spices. If any species of animal is indicated, as “Pork sausage,” the sausage must be wholly made from the meat of that specie. If any flour or other cereal is used, the label must so state. If any other meat product is added, the label must so state; for example, “Pork and Beef Sausage”;“Pork, Beef, and Flour” (or other cereal) ; or “Pork and Beef Sausage, cereal added.”.
Meat loaves, without a prefix indicating any particular kind of meat, are held to be mixtures of meats, flour (or other cereal), milk, eggs, butter, or other ordinary loaf ingredient. If any particular kind of meat is indicated, that kind must be the only meat used; for example, “Veal Loaf” must be made from veal and loaf ingredients only. If any other meat is used, the label must so state; for example, “Veal and Pork Loaf”; “Veal, Beef, and Pork Loaf”; the word “Paté'' is synonymous with the word “Loaf.”
Flour or other cereals may be used in the preparation of loaves, gravies, or soups, without being stated on the label.
Canned products. If flour or other cereal is used in any canned product which is not labeled "Loaf,” “Paté," or "Soup,” or which is not prepared with gravy, the label must clearly show the presence of the flour or other cereal.
IN THE USE OF COLORING MATTERS IN SOFT DRINKS. Many requests for information as to the use of coloring matters and the proper labeling of colored products have been received. In the majority of cases the inquiries indicate that the questioners have not carefully read the act of March 11, 1907, or the regulations adopted by this Board in January, 1908. All persons interested are earnestly requested to make a careful study of the act and of the regulations. These regulations have not the force of law, but they indicate the views of the Board as to the proper construction of the act, and will answer many questions sent to the Secretary or the Director of the Laboratory,
It may be well, however, in more detail to set forth the views of the Board as to the use of dyes in and the proper labeling of soft drinks.
1. As to the use of coal tar dyes.
The use of any dye, harmless or otherwise, to color or stain a food in any manner whereby damage or inferiority is concealed, or whereby the purchaser is deceived or misled, 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, and which are, as a matter of fact, free from subsidiary products and represent the actual substance, the name of which they bear, may be used in foods.
The 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.
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Blue shade :. 692. Indigo disulfo acid. 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 use of coal tar dyes, as hereinabove permitted, is allowed at this time and temporarily only, for the reason that it appears that dyes tested, certified, and guaranteed, as required by Food Inspection Decision 77, issued by the Secretary of the United States Department of Agriculture, are not to be had in the market at the present time, and this ruling will be in effect only until the Board determines that dyes tested, certified and guaranteed, as required by Food Inspection Decision 77, can be had in the market.
In all cases, persons using coal tar dyes will be required to establish the fact that the dyes used are such as are permitted in this ruling, and until that fact is established, the use of any coal tar dye will be deemed to be in violation of the California Pure Foods Act, March 11, 1907.
Persons or firms using coal tar or aniline dyes should insist that those from whom they purchase coloring matter furnish them very satisfactory proof that the dyes purchased conform to the above requirements.
2. As to the labeling of colored drinks.
Whenever such drinks have been artificially colored or flavored, the fact should be stated on the principal label. Otherwise artificial coloring or flavoring will be regarded as a violation of Sections 4 and 6 of the act.
The use of the term “Artificial” alone is not regarded as sufficient in such cases. The words “Artificially Colored,' or “Artificially Flavored,” or “Artificially Colored and Flavored," as the case may be, should be used. For example, a soda water artificially colored and flavored to represent a product of the strawberry, may be labeled “Strawberry Soda, Artifically colored and flavored.” Or, if really flavored by the used of that fruit, and artificially colored, it may be labeled “Strawberry Soda, artificially colored. This rule obtains whether the coloring matter used be aniline dye or not.
In the case of soda water labels printed and on hand May 20, 1908, and reading substantially as follows: "Artificial Strawberry," the same may be used on artificially colored and flavored water; but the burden will be upon the persons using the same to prove that they were printed and on hand May 20, 1908.
It should be remembered in this connection that the absence of any label will not justify the sale of any article under a false or misleading
Pending further investigations and until further notice in this Bulletin, the use of saccharin, as a sweetener, in soda waters, will be permitted, providing it is so stated upon the label; but the quantity used shall be in no greater proportion than one sixth of one grain to eight ounces of the beverage.
WARNING TO FRUIT GROWERS, PACKERS, SHIPPERS, AND
Examples of mislabeling and misbranding of fruit have been brought to the notice of the State Laboratory. For instance, a box is labeled “Extra Fancy Black Tartarian Cherries." The contents of a box so labeled should consist entirely of Black Tartarian cherries, as far as possible; but a box so labeled and containing but one layer of Black Tartarian cherries, the rest of the contents consisting of extremely small red cherries, is in direct violation of the California Pure Foods and Drug Law, particularly of Section 6, Subdivision 2, which reads:
Food and liquor shall be deemed mislabeled or misbranded within the meaning of this act in any of the following cases :
If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tend to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.
The above statements with reference to cherries are used merely as an illustration; the principle involved applies to all fruits. In other words, the package must be honestly labeled. This warning is published for the guidance of those interested, because any violations in this respect will have to be dealt with according to the law.