and Drugs Act.1 To use chicory in coffee is to adulterate it.2 Filthy coffee can not be sold. Maracaibo coffee mixed with Java and Mocha adulterates them; and so if coated with lead chromate." Java coffee containing South American coffee is adulterated; or Dutch East India coffee, known as Padang." § 148. Copper Salts to Green Vegetables. "Until further notice, vegetables greened with copper salts, but which do not contain an excessive amount of copper and which are otherwise suitable for food, will be allowed entry into the United States, if the entry bears the statement that sulphate of copper or other copper salts have been used. to color the vegetables.1 "The attention of the Board of Food and Drug Inspection has been directed to the shipment in interstate commerce of green, immature citrus fruits, particularly oranges, which have been artificially colored by holding in a warm, moist atmosphere for a short period of time after removal from the tree. Evidence is adduced showing that such oranges do not change in sugar or acid content after removal from the tree. Evidence further shows that the same oranges remaining on the tree increase markedly in sugar content and decrease in acid content. Further, there is evidence to show that the consumption of such immature oranges, especially by children, is apt to be attended by serious disturbances of the digestive system. "Under the Food and Drugs Act of June 30, 1906, an article of food is adulterated 'if it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.' It is the opinion of the board that oranges treated as mentioned above are colored in a manner 1 N. J. 563; F. I. D. 80. 2 N. J. 530; N. J. 407; N. J. 714. 3 N. J. 383; N. J. 714. 4 N. J. 215, 951. 5 N. J. 50. 6 N. J. 841. 7 N. J. 841. Adulteration, Leach, Food Inspection 384. 1 F. I. D. 102, issued December 26, 1908. This decision practically supersedes F. I. D. 92. whereby inferiority is concealed and are, therefore, adulterated. "The board recognizes the fact that certain varieties of oranges attain maturity as to size, sweetness and acidity before the color changes from green to yellow, and this decision is not intended to interfere with the marketing of such oranges. ""2 § 149. Corn Cob. Five percent of corn cob used in a food is an adulterant.1 So is ten percent used in middlings.2 § 150. Corn Flour or Meal. To offer for sale corn flour or meal that is in filthy condition and infested with worms and other animal matter is an offense.1 § 151. Cottonseed Meal. Cottonseed hulls mixed with cottonseed meal adulterates it.1 § 152. Currants. The sale of currants which are filthy, decomposed and in a putrid condition is forbidden by the statute.1 § 153. Custard. Custard can not be made without eggs; and to substitute corn starch will result in an adulterated product.1 1 N. J. 396. Preparation of corn meal, Wiley, Food Adulteration 1 N. J. 109; N. J. 179; N. J. 759; N. J. 794. Nature and Com position, Leach, Food Adulteration 516. 1 N. J. 531; N. J. 188. 1 N. J. 166. Custard Powders, Leach, Food Inspection 269. § 154. Eggs. Filthy, decomposed, or putrid animal or vegetable substance used in desiccated eggs is an adulterant.1 Desiccated egg product which contains an excessive number of bacterial organisms, of which many are of a gas-producing type, and also containing streptococci, and is composed of filthy and decomposed matter, is unfit for food. Boric acid used in eggs is an adulterant.3 Formaldehyde put in canned liquid eggs is an adulterant.1 Where "egg noodles" were worm eaten, and contained cast skins of larvae, excreta, a few dead worms, and several large beetles, they were ordered destroyed. In a case where the information charged that the eggs contained formaldehyde, were adulterated, filthy, decomposed and frozen the court charged the jury as follows: "Gentlemen, the Act of Congress under which this information is brought, and about which so much is heard nowadays, not only in the court room but in the public print, is (in its application to this particular transaction) as follows: The introduction into any State from another State of any article of food which is adulterated is prohibited, and the person who ships such article of food from one State to another (and person means corporation also), shall be guilty of a misdemeanor. "Now the word 'adulterated' is of course one of very wide, or rather uncertain meaning, and therefore for the purpose of this Act is defined with great particularity as meaning in the case of food, two things, which are relevant to this trial: An article of food is adulterated if it contains any added poisonous or other added deleterious ingredient 1 N. J. 682; N. J. 686; N. J. 676; N. J. 618; N. J. 614; N. J. 537 (frozen); N. J. 486 (frozen); N. J. 462 (frozen); N. J. 377 (froz en); N. J. 362; N. J. 359; N. J. 305; N. J. 295; N. J. 292; N. J. 227; N. J. 46; N. J. 103; N. J. 782 (frozen); N. J. 736 (frozen); N. J. 1005; N. J. 878; N. J. 890; N. J. 938; N. J. 969; N. J. 970; 2 N. J. 665; N. J. 613; N. J. 747. 8 N. J. 657; N. J. 508. United States V. Buffalo Cold Storage Co., 179 Fed. 865; N. J. 482. 4 N. J. 224. which may render such article injurious to health. It is also for the purpose of this Act deemed adulterated (although the word can not be used in that sense ordinarily), if it consists in whole or in any part of a filthy, decomposed or putrid animal or vegetable substance. "The Act then continues, although the rest of this section. does not I think relate to this case, but it shows the general scope of the Act, 'or if it consists of any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that had died otherwise than by slaughter.' I have read that merely to show the general scope of legislation in this regard. "What is charged in this information and what is therefore on trial before you, is composed of two parts, that is, the charge is of two parts. The first is, that these eggs which are the subject of investigation contained formaldehyde, and it is said that formaldehyde is a deleterious ingredient which may render an article injurious to health; and it is also charged, irrespective of the formaldehyde, that the eggs themselves were filthy, decomposed or putrid. Now, probably there is nothing so difficult in the world as a definition; sometime when you have an opportunity, try to make an accurate full complete definition of anything, say a coat, and you will find it very hard; but from dictionaries and from the questions put to witnesses, and the study I have given the matter; I charge you that the meaning of the word 'putrid' is, that a putrid substance is in such a state of decay as to be fetid or stinking from rottenness; an article which is decomposed is an organic body (as are eggs), reduced or being reduced to a state of dissolution by the processes of a natural decay, and an article which is filthy or dirty, noisome or nasty. "Take up the last word first; after some consideration I have concluded and so instruct you that inasmuch as it is a matter of common knowledge that an egg is not of itself dirty, such an article, namely, an egg, may become putrid or decomposed by the simple process of decay and the resultant or natural causes, but it will not become filthy, unless some PURE FOOD16. thing be added thereto which renders it dirty, noisome or nasty. "There is no evidence in this case that the eggs which are the subject of this investigation, had become filthy in that sense; therefore you will divide your consideration of this case into two parts: The first inquiry is, was there formaldehyde added to these eggs, and if there was formaldehyde added to these eggs, what is the nature of formaldehyde, both of which are questions of fact. On the other hand, you have a statement of defendant's president, that he is the manager of the business, and that in that business, the defendant so far as he knew, never bought any formaldehyde since it was in operation. On the other hand, you have the statement of the chemist who testified that formaldehyde by well-known scientific tests was found to be present in the product when it was examined in Washington, and that, just like every other question of fact, is for your consideration alone. "If you find there was formaldehyde in this substance, then it appears to me you would be justified in inferring from the evidence on both sides that formaldehyde is what is known as an irritant; that is, it produces such a condition of irritation of the soft linings of the digestive tracts that if taken in sufficient quantity, it is injurious to human health. If, therefore, on the first branch of the case, you should be of the opinion that the eggs, no matter how bad they were, or how good they were, did contain formaldehyde, and you should be sure of the opinion that formaldehyde has a discoverable odor and was an ingredient so deleterious, that it might render the eggs injurious to health, then the government has maintained that branch of the proposition. "But entirely irrespective, as I have said, of the presence or absence of formaldehyde, the government's contention is that the eggs were putrid and decomposed. But there was no smell discernible, so you have come to the formaldehyde proposition, because it is said that formaldehyde disguises smell. But you have further to determine (irrespective of formaldehyde, and irrespective of putridity) whether the de |