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of the Woods, Lake Winnepeg, etc., coregonus clupeiformis; Rocky Mountain whitefish, coregonus williamsoni; broad whitefish or Alaska whitefish, coregonus kennicotti; Menominee whitefish or round whitefish, coregonus quadrilateralis; lake herring, or cisco, argyrosomus artedi; jumbo herring, or Erie cisco, argyrosomus eriensis; Huron cisco or herring, argyrosomus huronius; moon-eye, or chub, argyrosomus hoyi; longjaw whitefish, or bloater, argyrosomus prognathus; longjaw of Lake Superior, argyrosomus zenithicus; blackfin or bluefish whitefish, argyrosomus nigripinnis; tullibee whitefish, argyrosomus tullibee.

"To most of these species the name "whitefish," with a qualifying word, is strictly applicable; but there is a wide range in food value, and to permit the sale of most of them as plain "whitefish" would be unjust to the public. The Bureau does not know that this general question has come before your Board, or that you wish to consider it at this time, but sooner or later it will be necessary to render a decision, and at any time it may be brought to your attention because of cases arising in the Washington, D. C., market, where one of the commonest and best of the fish foods is "smoked whitefish"-consisting of any one of three or four species of coregonus and argyrosomus, none of them clupeiformis or albus. Under these circumstances it would appear to this Bureau to be proper and feasible to require the different kinds of preserved whitefish to be designated by their qualifying names. The most appropriate name for "family whitefish” is lake herring or cisco; but whitefish as here used would mean, or would be intended to mean, the common whitefish, the best of the tribe.'

"In harmony with the opinion of the Bureau of Fisheries, the board holds that the term 'whitefish' should be applied only to the common whitefishes, Coregonus albus and Coregonus clupeiformis, unless prefaced by the name of the particular species of whitefish employed. The fishes commonly known to the fishermen and the trade as 'lake herring' and 'cisco' should be so called, with or without qualifying names, but should not be designated 'whitefish'.""

§ 330. Flavoring Extracts.

"The percentage of alcohol is not required to be stated in the case of extracts sold for the preparation of foods only. It is held, however, that extracts which are sold or used for any medicinal purpose whatever, should have the percentage of alcohol stated on the label.

5 F. I. D. 105.

"Numerous inquiries are received regarding the proper designation of products made in imitation of flavoring extracts or in imitation of flavors. Such products include 'Imitation vanilla flavor,' which is made from such products as tonka extract, coumarin and vanillin, with or without vanilla extract. They may also include numerous preparations made from synthetic fruit ethers intended to imitate strawberry, banana, pineapple, etc. Such products should not be so designated as to convey the impression that they have any relation to the flavor prepared from the fruit. Even when it is not practicable to prepare the flavor directly from the fruit, 'imitation' is a better term than 'artificial.'

"These imitation products should not be designated by terms which indicate in any way by similarity of name that they are prepared from a natural fruit or from a standard flavor. The term 'venallos,' for instance, would not be a proper descriptive name for a preparation intended to imitate vanilla extract. Such products should either be designated by their true names, such as 'vanilla and vanillin flavor,' 'vanillin and coumarin flavor,' or by such terms as 'imitation vanilla flavor' or 'vanilla substitute.'

Articles in the preparation of which such substitutes are employed should not be labeled as if they were prepared from standard flavors or from the fruits themselves. For instance, ice cream flavored with imitation strawberry flavor should not be designated as 'strawberry ice cream.' If sold as strawberry ice cream without a label the product would appear to be a violation of Regulation 22.

"Artificial colors should be declared whenever present."

§ 331. Flour.

Flour made from durum wheat can not be branded as made from "hard spring wheat." Flour manufactured in Ohio can not be labeled "Paragon Minnesota Cream Roller Process. Flour containing less than 18.25 percent mini

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1 F. I. D. 47. See Extract of Lemon, etc.

1 F. I. D. 12.

2 F. I. D. 13; N. J. 439; N. J. 443.

mum crude protein can not be labeled as containing 18.25 percent, nor that containing less than 5.25 percent of fat as containing 5.25 percent.3

"The following communication has been received respecting the mixing of flours of different cereals:

'In conformity with the custom of a century or more, the manufacturers of rye flour, in order to produce a lighter and more easily worked flour, have added a proportion of wheat flour to their rye and branded it "rye flour."

'This custom simply conforms to the consumers' demand for a whiter loaf and from every standpoint is a perfectly legitimate operation.

'Under the interpretation of the food and drugs Act of June 30, 1906, apparent restrictions are placed upon their compounding, and I would therefore respectfully ask your ruling upon the following points:

1. Under this interpretation would it be necessary to add the word "compound" to the brands?

2. Will it be necessary in accordance with this interpretation to name in the brand the fact that a wheat admixture has been made, in addition to the use of the word "compound,” providing that word is necessary?

3. Referring to paragraph f, Regulation 17, which reads as follows:

"An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent," will it be permissible to still name the rye-wheat admixture "rye-flour?" ›

"The Food and Drugs Act of June 30, 1906, and the rules. and regulations made thereunder, provide for the proper marking of food products and penalties for misbranding.

"The Act also provides that a food product is not misbranded in the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word "compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale.'

"Keeping in view these provisions of the law, and rules and regulations made thereunder, it appears that the mixing of rye flour and wheat flour is not prohibited by the law provided the package is marked 'compound' or 'mixture,' the word standing alone and without qualification, and also if the label contain the information which shows that it is

3 N. J. 374.

properly branded. The mixture may also be denominated a 'blend' if rye flour and wheat flour be regarded as like substances. It is held that this information in the case mentioned would be a statement of the ingredients used in making the compound. It is further held that the use of an ingredient in small quantity simply for the purpose of naming it in the list of ingredients would be contrary to the intent of the law, and therefore that the ingredients must be used in quantities which would justify the appearance of their names upon the label. The statement made of the constituents used should be of a character to indicate plainly that the article is a compound, mixture, or blend.

"It is evident from the above explanation that the naming of a mixture of this kind 'rye flour' would be plainly a violation of the law and the regulations made thereunder.

"Attention is called also to the Act of Congress approved June 13, 1898, U. S. Revised Statutes, sections 36 to 49 inclusive, imposing special taxes under the supervision of the Commissioner of Internal Revenue on mixed flour.""

§ 332. Flour Bleaching.

To label a product "flour" that has been bleached by the Alsop process is to misbrand it.1

§ 333. Frou Frou Biscuits Boric Acid.

Labeling a case as containing "Frou Frou Biscuits" when the biscuit contains boric acid or compounds of it which render the article injurious to health, is a misbranding of the article.1

§ 334. Fruit Syrups.

Fruit syrups not made from the fruit their name indicates they are made from can not be labeled by the name of such fruit.

4 F. I. D. 42. Flour labeled as having been ground in Pennsylvania when it was ground in Kansas, is mislabeled. N. J. 940.

1 N. J. 799; N. J. 722.

This

Notice of Judgment contains the
evidence given at the trial in the
United States Court. See also F. I.
D. 100.

1 N. J. 696.

Thus a syrup not made from pineapple can not be labeled "Pineapple Syrup," nor one not made from cherries labeled "Cherry Syrup," nor one one not made from orange labeled "Orange Syrup.””

§ 335. Gelatin.

"The following letter was recently received at the Department of Agriculture:

'We import a preparation of gelatin preserved with sulphurous acid for the purpose of fining wine. This gelatin is not used as a food and does not remain in the wine, although a small amount of the sulphurous acid may be left in the wine. Please inform us if the sale of this product is a violation of the food law.'

"It is held that the products commonly added to foods in their preparation are properly classed as foods and come within the scope of the Food and Drugs Act. The department can not follow a food product into consumption in order to determine the use to which it is put. Pending a decision on the wholesomeness of sulphurous acid as provided in Regulation 15 (b), its presence should be declared."" Gelatin may be used in food products or confectionery if made from unobjectionable and good raw material in a sanitary way.

§ 336. Gin.

To use strychnine, brucine and salicylic acid in gin is to violate the statute; and a liquid, therefore, labeled 'Damiana Gin" having those poisons in it is mislabeled.1 A gin was labeled "Geneva Cross Gin. This superior liquor is specially recommended for medicinal purposes. Genuine Gin. Also

known as Geneva." It was a domestic product. It was held that it was misbranded.2

§ 337. Ginger Ale.

A product was labeled "Ginger Ale. Guaranteed under the

1 N. J. 328; N. J. 372; N. J. 549.

1 F. I. D. 48.

1 N. J. 245.

2 N. J. 770; N. J. 771.

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