moved from it, and is colored with "annatto," is adulterated.2 To add formaldehyde to cream is to adulterate it. Powdered milk, from which seventy-five percent of the butter fat has been abstracted, is adulterated. A milk product was labeled as follows: "Country Club Brand Condensed Milk, Scio Condensed Milk Co., Scio, Oregon. The Milk of Quality, 'Country Club.' Directions. Pure High Grade Milk. Evaporated and preserved by perfect sterilization. Country Club Brand. Used for every purpose that you would use natural milk from the cow. Give the same care and attention you would fresh milk or cream. Every precaution has been taken in the handling of this milk to produce a food product, absolutely pure. This product complies with the Pure Food Law." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to contain water 7.67 percent, fat 7.20 percent, protein 7.46 percent, lactose 10.46 percent, ash 1.55 percent, undetermined 0.66 percent, the percent of total solids being 27.33, and the proportion of fat in said solids being 26.3 percent. This was held to show that the product was adulterated, and it was confiscated. Where powdered milk was decomposed and putrid near the end of the barrels, it was held that the charge of adulteration was sustained, because the product consisted in part of a decomposed and putrid animal substance."

§ 178. Milk, Evaporated.

"For a considerable period of time the Dairy Division of the Bureau of Chemistry has been conducting an extended investigation in regard to the manufacture of evaporated milk (i. e., unsweetened condensed milk), and the character of the milk used by the manufacturers.

This investigation

Composition of buttermilk. Wiley, Food Adulteration 181. Coloring. Leach, Food Inspection 174. Forms of adulteration. Leach, Food Inspection 159, 161.

has been carried on through the various seasons of the year and in various parts of the country, so that knowledge has been obtained of the seasonal variations in milk from herds of different types, and the different manufacturing methods in use, as well as of the character of the finished product from many sources.

"The fault of the standards, as approved by the Committee. on Food Standards of the Association of Official Agricultural Chemists and the Interstate Food Commission, published as Circular No. 19 of the Office of the Secretary, lies in the low percentage of fat in the total solids, namely, 27.5 percent. This low figure the board believes has encouraged the use of a partially skimmed milk, which fact is amply borne out by the many analyses made in the department. Again, this standard of 28 percent total solids in Circular No. 19 is one not easily attained in all localities of the United States, during all seasons, by the usual methods of manufacture under ordinary working conditions, with the production of a satisfactory marketable article.

"Considering the natural variations in the richness of milk from different breeds of cows and at different times of the year, as well as the practical conditions of manufacture, the Department has decided upon the following requirements, which it considers reasonable and just, with respect to the manufacture and composition of evaporated milk (i. e., unsweetened condensed milk):

"(1) It should be prepared by evaporating the fresh, pure, whole milk of healthy cows, obtained by complete milking and excluding all milkings within fifteen days before calving and 7 days after calving, provided at the end of this 7-day period the animals are in a perfectly normal condition.

(2) It should contain such percentages of total solids and of fat that the sum of the two shall not be less than 34.3 and the percentage of fat shall not be less than 7.8 percent. This allows a small reduction in total solids with increasing richness of the milk in fat.

"(3) It should contain no added butter or butter oil in

corporated either with whole milk or skimmed milk or with. the evaporated milk at any stage of manufacture.

"In view of the well-known tendency of factory analysesoften of necessity made rapidly and by persons not skilled as analysts to give results above the truth with respect to fat, and especially with respect to total solids, manufacturers are advised always to allow a safe margin between their factory practice and the above-stated requirements as to percentage composition. This can be done without difficulty in all localities and at all reasons of the year.

§ 179. Mince-Meat.

Glucose used in mince-meat for sugar, which is one of the ancient and well-known and essential ingredients of mincemeat, is an adulterant.1 To put 0.06 or 0.08 of one percent of salicylic acid in meat is to violate the statute."

§ 180. Mineral Oil.

Mineral oil can not be used in food. If it is, the food is adulterated.1

§ 181. Mineral Water.

To sell contaminated mineral water which is unfit for consumption is a violation of the statute.1

§ 182. Molasses.

Water used in molasses1 adulterates it, and so to use glucose.3

§ 182a. Mustard, Charlock as a Substitute for.

"It has come to the attention of the Board of Food and Drug Inspection that the seed of charlock (Brassica arvensis L.) is being substituted by some manufacturers, in whole or in part, for that of the true mustards, viz., yellow or white mustard (Sinapis alba L., synonym Brassica alba [L.] Boiss.), brown mustard (B. juncea L.), and black mustard (B. nigra L.).

"It is the opinion of the board that when charlock is substituted in part for mustard the label should clearly indicate this fact. A condiment prepared from mustard or mustard flour and charlock with salt, spices, and vinegar is not 'Prepared Mustard,' but, provided a greater quantity of mustard than of charlock is used, it should be called 'Prepared Mustard and Charlock.""

§ 183. Oats.

A mixture of oats, wheat, barley and other seeds, sold as "white oats," is a violation of the statute.1 Barley substituted for oats is an adulteration of the oats.2 So if it contains weed seed.3

§ 184. Olives.

A sale of filthy, putrid and decaying olives is a violation of the statute.1 Olives of which 30.2 percent contains worms and pupae, 35.2 percent are worm-eaten, and 6.7 percent are partly decayed, may not be sold.2 Worm-eaten and decayed olives are adulterated.

1 F. I. D. 137..

1 N. J. 650; N. J. 582; N. J.

409; N. J. 650; N. J. 759.

2 N. J. 406; N. J. 385; N. J. 381; N. J. 379; N. J. 378; N. J. 58; N. J. 76; N. J. 101; N. J. 748; N. J. 749; N. J. 752.

3 N. J. 748; N. J. 749; N. J.

752. Analysis. Leach, Food Inspection 271.

1 N. J. 649; N. J. 648; N. J. 647; N. J. 578; N. J. 577; N. J. 869. 2 N. J. 560.

3 N. J. 817; N. J. 818. Composition, Wiley, Food Adulteration 234; Leach, Food Inspection 511.

§ 185. Olive Oil.

Mixing cotton-seed oil with olive oil is an adulteration of the latter oil.1

§ 186. Oysters-Shellfish.

To sell oysters containing so large an amount of bacteria as to be unfit for food is an offense.1 In the case of "shucked" oysters, to mix water with them so as to reduce, lower and injuriously affect their quality and strength, and also to substitute water for part of their bulk, is to violate the statute. Upon this question the following decisions have been rendered by the Agricultural Department:

"The Department has investigated the preparation and shipment of oysters, clams, and other shellfish. A public hearing on this subject was held by the Board of Food and Drug Inspection on May 20, 1909. At this hearing growers, packers, dealers and the public were afforded an opportunity to be heard.

"It is unlawful to ship or to sell in interstate commerce oysters or other shellfish taken from insanitary or polluted beds. The pollution of oysters with sewage can readily be detected by bacteriological examination, and such polluted oysters or other shellfish are adulterated under section 7 of the Food and Drugs Act of June 30, 1906, in that they contain an added 'poisonous or other added deleterious ingredient which may render such article injurious to health.'

"Such articles are likewise adulterated under section 7, in the case of foods, because they consist 'in whole or in part of a filthy, decomposed or putrid animal or vegetable substance.'

"It is unlawful to ship or to sell in interstate commerce oysters or other shellfish which have become polluted because of packing under unsanitary conditions or being placed

1 N. J. 617; N. J. 574; N. J. 535; N. J. 489; N. J. 453; N. J. 417; N. J. 386; N. J. 340; N. J. 247; N. J. 244; N. J. 133; N. J. 997; N. J. 953; N. J. 915; N. J. 916. PURE FOOD-17.

Adulteration, Wiley, Food Adulteration 402; Leach, Food Inspection 512, 515.

1 N. J. 475; N. J. 448; N. J. 447. 2 N. J. 789.