BULLETIN No. 151 FOOD AND DRUG INSPECTION. CHAS. D. WOODS, Director. J. M. BARTLETT, Chemist in charge of inspection analysis. The present bulletin, intended primarily for dealers, contains reports upon the food inspection as it has been conducted during the last six months of 1907 and the results of analyses of samples collected, together with a discussion of these results. This discussion is made as simple and as free from technical language as possible. The attempt is made to clearly point out some of the more common violations of the law which are made unwittingly, and to call attention to some violations that have been passed over during this, the first year of the present law, that cannot be allowed to continue. SELLING GOODS THAT HAVE BEEN REMOVED FROM THE PACKAGE. Some cases have come to our attention of unwitting violations of the law on the part of dealers by removing the contents of a package into some other receptacle before selling. This is perfectly proper in the case of goods that are exactly what they appear to be, but goods that require branding cannot be lawfully removed from original package before being sold unless they are still corerctly labeled. For example-adulterated maple sugar may be sent out in boxes that are properly labeled; it is unlawful for the dealer to remove it from the package in which it was received and expose it for sale unless it shall be plainly marked adulterated maple sugar or maple sugar and cane sugar or whatever is necessary to accord with the fact. Pork sausage as put up by many of the manufacturers contains some cereal and is properly labeled "Pork sausage, cereal added." The removal of such sausage from the original package and expo 244236 sure for sale without proper labeling is unlawful. An imitation cream of tartar sold in bulk, may be properly labeled in its original package but it is unlawful to remove it from that package and expose it for sale unless it shall be properly labeled. SUBSTITUTION. One of the most difficult things to meet in the enforcement of the law is in connection with goods sold from opened packages. When these goods come from the wholesaler to the retailer they may be properly labeled so as to show their exact nature, but when they are given by the retailer to the consumer, it does not follow that the consumer knows what he receives. For instance a retailer may buy a barrel of distilled vinegar, artificially colored and below the standard strength of acid. The barrel may be branded correctly "Distilled vinegar, colored, 31 per cent acetic acid," but in taking orders from house to house, the grocer's clerk may find a customer who asks for a gallon of vinegar. Under the law the customer has the right to expect that cider vinegar of legal strength will be given him. The order may, however, be filled from this imitation vinegar. One sends to the market for pork sausage; the order may be filled from a package labeled "Pork Sausage, cereal added." Cream of tartar may be ordered and the grocer may deliver an imitation cream of tartar although he may take it from a correctly labeled opened package. The lesson from this is obvious. Unless the customer knows that his grocer is thoroughly reliable and will deliver him exactly what he orders, there is only one thing to do and that is to follow up the purchases to make sure they are taken from properly labeled packages. No possible food inspection can protect the customer that does not use his eyes for his own protection. The great mass of bulk goods at present being sold in Maine. are properly labeled. The dealer violates the law who substitutes an inferior article even though it be from a properly labeled package. The inspector will do all in his power to look after these cases but it is necessary that the consumer be on the watch for his own protection. THE GUARANTY. Section 9 of the Maine Food and Drug Law reads as follows: "No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amendable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act.” By Maine Food and Drug Regulation 6, Regulation 9 of the U. S. Secretary of Agriculture which has to do with the form of guaranty, was adopted for Maine. In M. F. D. R. 11, "A Written Guaranty the Dealers Safeguard," the folowing statement is made. While the law cited applies only to the sale of food and drugs, discretion is given to the Director regarding prosecutions under other laws. No prosecutions will be made against any handler of feeding stuffs, fertilizers, or agricultural seeds within the State provided he obtain at the time of purchase a written guaranty that the goods are in conformity with the law regulating their sale. Failure to obtain such a guaranty on the part of the dealer will be presumptive evidence that he is not sufficiently interested in the purity of the goods which he handles, and unless there are especially extenuating circumstances, the Director will feel it his duty to begin prosecution for violations of either of the laws regulating the sale of food and drugs, feeding stuffs, fertilizers, or agricultural seeds. There seems to be some misunderstanding relative to the guaranty on the part of the dealers and the attempt is here made to state this matter clearly. Any form of guaranty covering the facts may be used. Forms are suggested below. The guaranty must be signed in ink. The signature of a corporation should be made in the following form. First the legal corporate title of the company; second the autograph of a duly authorized officer of the company; third the title or designation of his office. For example -The Smith-Jones Company, Chas. R. Doe, Member of firm. |