Yemen is, with the exception of a narrow fringe of land along the Red Sea and the Gulf of Aden, rugged and mountainous, embracing innumerable small, elevated valleys of high fertility which are irrigated by waters from the melting snows. This is the coffee district of Arabia.

"The term 'Mocha' was bestowed upon 'Yemen' coffee early in the last century, when Mocha was the port from which all Arabian coffee was shipped. The formation of huge sandbars in the Red Sea off Mocha, practically barring out all shipping, caused the port to be abandoned, and its trade went to Hodeidah and Aden, the bulk of it going to the latter place. "All of the coffee raised in Yemen may properly be called 'Mocha' coffee, all coffee shipped from the port of Hodeidah comes within such classification. With regard to that exported from Aden, however, the case is somewhat different. There is a coffee grown in the upland regions of Abyssinia, in the vicinity of Harrar, which is known locally and to the coffee trade of the world as 'Longberry' or 'Harrar' in contrast with that of Mocha, which is sometimes called the 'Shortberry.' The colors of both coffees are practically the same, but the Abyssinian product has a raw, rank, leathery odor, while that of the berry grown in Arabia is delicate and agreeable. The Harrar berry is much longer than the Mocha one, besides being much less regular in form.

"While a considerable quantity of Abyssinian coffee is brought to Aden for shipment to Europe and to the United States, it is doubtful whether very little of it, if any, is exported as being Mocha coffee, the local merchants as a rule dealing in both grades of coffee and being very careful of the reputations of their houses. In Aden the only way in which a dishonest dealer might adulterate Mocha coffee would be by mixing it with the Abyssinian article. Such a proceeding would be at least but a clumsy fraud and would be readily and rapidly detected. It is safe to say that practically all of the coffee shipped directly from Hodeidah or Aden to the United States and labeled 'Mocha' are pure and unadulterated.

Consequently the term "Mocha" can be applied only to coffee grown in that part of Arabia to the north and west of Hodeidah, known as Yemen.13

A can was labeled "Mocha, Java and Mexican Coffee." On the label was the statement that "this can contains a combination of the three best coffees the world produces.' The product was composed of one-half Mexican, one quarter Dutch East India, probably Padang, and one-quarter Longberry Mocha. It was adjudged that the coffee was misbranded with respect to the statement that it contained Mocha coffee.14 A coffee labeled as "Climax Package Cof

13 F. I. D. 91.

14 N. J. 772; N. J. 841.

fee, a combination of high grade, old crop coffee of scientific blending," is mislabeled if it consist of inferior stock or ordinary stock.15

§ 305. Glazed Coffee.

"There have been frequent inquiries made regarding the application of the Food and Drugs Act to the practice of glazing coffee. The following is a type of the communications of this nature:

'It has been the custom with many roasters of coffee to use a finish, made out of supposedly harmless ingredients, on their coffees, especially the lower grades, the main object being to lessen the natural loss in weight during the process of roasting, and thus reduce the cost.

'We used a finish, ourselves, made up of lemon juice, flaxseed, gelatin, bicarbonate of soda, and lime water, until January 1, 1907, when we ceased, as we were uncertain as to its lawfulness under the pure food and drugs Act which went into effect that day. If it is against the law, we would ask that the pure food commission prepare a ruling on coffees, such as has been done on rice, and have this ruling take effect as soon as possible, as manufacturers who are adhering to this method of roasting are enabled to undersell those who are using the natural roast, thereby placing them at a decided disadvantage.'

"Coffee is coated for one or all of the following reasons: "1. To restore, at least in part, the loss of weight incident to roasting.

"2. To conceal damage or inferiority.

"3. To prevent the depreciation of the roasted coffee due to the escape of the aromatic constituents.

"4. To prevent the absorption of water which renders the roasted grains tough.

"It would appear that the questions involved in this practice are similar in many respects to those involved in the polishing and coating of rice, which is discussed in F. I. D. 67. As in the case of coating rice, it is the opinion of the department that no coating of any kind can be applied to the coffee if the product be mixed, colored, powdered, coated, or stained in any manner whereby damage or in15 N. J. 1017.

feriority is concealed.' In each case, whether or not such a result be secured is a question of fact to be decided by the evidence.

"It is held by the department that coffee treated in the manner indicated with lemon juice, flaxseed, gelatin, bicarbonate of soda, and lime water should be labeled in all cases with the name of the extraneous substances, as, 'coated with lemon juice, flaxseed, gelatin, bicarbonate of soda, and lime water.'

"In such declarations all of the substances used for coating should be mentioned. Any coloring matter or other substances that may be employed to change the tint of the coffee should be declared on the label.""

§ 306. Coffee, Imitation-Cereal Coffee.

"A manufacturer wrote as follows: 'We beg to ask your opinion as regards the hyphenated word "Cereal-Coffee," and whether or not we are entitled to its use for a cereal substitute for coffee. . . . In our opinion the term "CerealCoffee" would come under the so-called trade name and distinctive name.' It is held that since the product mentioned is not coffee it can not properly be called by the term mentioned. Regulation 20 (d) provides that a distinctive name. shall give no false indication of character. The use of the name 'Cereal-Coffee' might be taken to indicate that the product is coffee or has the properties of coffee, and hence the use of this term does not comply with the definition of distinctive name. Even if the product consist in part of coffee, the name would not be correct. It is suggested that products of this nature be designated as 'imitation coffee,' as provided in Regulation 21 (f). In such case the word 'imitation' should be in uniform type, or uniform background, and should be given equal prominence with the word 'coffee'.''

1 F. I. D. 80.

1 F. I. D. 50.

§ 307. Coffee, Importation-"Black Jack"-"Quakers”Coffee Screenings.

"The department has recently investigated the sale and shipment within the jurisdiction of the Food and Drugs Act of June 30, 1906, of decomposed, imperfect and damaged coffee. A public hearing on this subject was held by the Board of Food and Drug Inspection on December 15, 1908, at which an opportunity to be heard was given to the trade and to the public. As a result of the investigations and the evidence adduced at the hearing, it is announced that the product ordinarily known as 'Black Jack,' consisting of rotten and decomposed berries, is regarded by the department as injurious to health and the Food and Drugs Act forbids its shipment or sale within the jurisdiction of said Act. Coffee which is damaged by water during shipment, or which has acquired a permanently offensive odor because of its proximity to hides or other materials of objectionable odor, is considered by the department to come within the phrase 'filthy, decomposed, or putrid,' within the meaning of that phrase as used in the Food and Drugs Act, and its shipment or sale as hereinbefore stated is, therefore, held to be forbidden. Immature berries, ordinarily known as 'Quakers,' are dead beans without pronounced smell or taste. They have not the characteristics of coffee, and, in the opinion of the department, their shipment or sale as coffee within the jurisdiction of the Act is in violation thereof. It is recognized that the ordinary coffees of commerce usually contain small quantities of these inhibited products, and no action will be taken in regard to the shipment or sale of the recognized graded coffees of commerce because of the small amount of these substances which may be present. In determining the present action of the department on any particular lot as to whether it contains more than the ordinary small quantities of the inhibited products, coffee graded as No. 8, on the New York Coffee Exchange, will be taken as a standard. Screenings consisting of inferior or broken berries, of stones, sticks, dirt, etc., should not be sold as coffee

even in a ground condition. This product should be designated as 'coffee screenings'.""

§ 308. Copper Salts.

Vegetables may be greened with copper salts, but the salts must not contain an excessive amount of copper and be suitable for food, if the label bear the statement that sulphate of copper or other copper salts have been used to color them.1

§ 309. Cordials.

"The term 'cordial' is usually applied to a product, the alcohol content of which is some type of a distilled spirit, commonly neutral spirits or brandy. To this is added sugar and some type of flavor. The flavor is sometimes derived directly by the addition of essential oils, again by the use of synthetic flavors, and also by the treatment of some vegetable product with the alcoholic spirit to extract the flavoring ingredients. It is likewise the general custom to color cordials. When a cordial is colored in such a way as to simulate the color of the fruit, flavor plant, etc., the name of which it bears, the legend 'Artificially Colored' in appropriate size type shall appear immediately beneath the name of the cordial, as is required by Regulation 17. Where the color used is not one which simulates the color of a natural product, the name of which is borne by the liqueur, then the legend as to the presence of artificial color need not be used. For example, creme de menthe which is artificially colored green should be labeled 'Artificially Colored.' On the contrary, chartreuse, either green or yellow, need bear no such legend for color.

"When the flavoring material is not derived in whole directly from a flower, fruit, plant, etc., the name of any such flower, fruit, plant, etc., should not be given to any cordial or liqueur unless the name is preceded by the word 'Imitation.'

1 F. I. D. 108.

1 F. I. D. 102. See § 235.