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retail dealers to the strictest accountability. This accountability must begin with the retail dealer, for it is in possession of the retail dealer and in his store or place of business we find the goods.

If the retail dealer uses the business sagacity, honesty and integrity that he should in the purchase of these foods and requires a guarantee from the party of whom he purchases his goods, he can protect himself against these fraudulent and misbranded foods.

The retail dealer should require of the manufacturer, packer or jobber of whom he purchases his goods, a guarantee that they are manufactured and prepared in conformity with the Illinois State Food Law and will meet its requirements, and the retail dealer should also use business acumen and sagacity in ascertaining whether the manufacturer, packer or jobber is financially responsible, is doing a legitimate business and preparing his foods in conformity with the State Food Law of Illinois.

I think a large percentage of the reputable dealers of foods in the state have already adopted this plan of first inquiring into the reputation and standing of the manufacturer, packer or jobber before he purchases his goods and ascertains, before he purchases the same, whether the party of whom he purchases is financially responsible, and then, after satisfying himself that he is to require a guarantee that the goods are prepared and sold in conformity with the Illinois State Food Laws, and in nearly ever case, where the retailer has followed this plan, and the goods did not comply with the guaranty, the manufacturer, packer or jobber, as the case may be, has come forward and paid the fine, costs and attorney's fees and thus relieved the retail dealer of any financial liability, and in this way putting the financial burdens, incurred for these fraudulent acts, where they rightly belong, upon the fraudulent manufacturer, packer or jobber.

Whenever the retail dealer has used this care and precaution in the purchase of his goods, inquiring into the financial standing and integrity of the manufacturer, packer or jobber, and requiring a guaranty, there has been a great improvement in the quality and character of the foods and very few prosecutions. This care on the part of the retailer has greatly improved the food markets of the state during the past year, and the honest manufacturers, packers and jobbers seem to be in sympathy with this feature of the enforcement of the law and its requirements.

This practice of requiring a guaranty has caused the manufacturer and packer to prepare the various food products with greater care as to labels as well as ingredients contained in the foods, and also caused them to submit to this department for inspection food labels when in doubt as to preparing labels for their goods, and not only is this true as to the manufacturers and packers of our own state but as to those of any other

states.

For seven years the state of Illinois has maintained the State Food Department, charged with the enforcement of food and dairy laws. There has been expended, for this purpose, in the way of salary and expenses, about $25,000 per annum during this period, and it may not be unwise to take into consideration what it is reasonable to expect may be necessary to maintain in the future, the demand for more favorable conditions concerning the manufacture and sale of food products, and the enforcement of the State Food Laws in Illinois, and to review the success and failures of the laws in their administration in the past.

So far as results already obtained are to be considered, it may be safely said the people of Illinois have been well repaid for their expenditure up to the present time in the reduced amount of goods manufactured within the state that are injurious, or fraudulent adulterations and in the largely restricted sale of commercial or deceitful adulterations harmless in character.

Every evidence goes to show that during the seventh year of its existence the Illinois State Food Department has accomplished more by far than in any former year, and at the date of this report finds a much better general condition than has ever existed before in the state.

No one can dispute that in the enactment and enforcement of dairy laws and regulations Illinois is sadly in the rear of her sister states. We have no laws compelling reports to be made by creameries, dairies and milk condensaries of the state.

The dairy interests of Illinois have sought to promote dairy industries as an aid to their agricultural pursuits and interests, and facts will show that the dairy section, not only of Illinois, but of the United States as well, are the most prosperous communities among those who depend upon the soil for a livelihood.

As stated in former reports, in this day and generation favorable legislation is secured only through the concerted action of influence and necessity.

The dairy and food interests of Illinois surely understand the necessity, though they have failed in the past to appreciate and exert the influence so easily within their power.

Illinois legislators are taken from the many different walks and callings of life. They cannot be expected to have acquired the necessary knowledge as to what each of her great industries or interests may need; hence, has the law creating the State Food Commission made it incumbent upon the commissioner to suggest in his annual report the existing needs of addition legislation, along the different lines required in order to make the work of the State Food Department more effective.

The foods and food stuffs of former times were few and simple as compared with ours. Formerly, the food markets were not filled with all manner of foods prepared and ready for consumption.

The food materials that were formerly bought and sold were mainly of a raw, crude nature. Formerly, they had neither potted meats nor canned vegetables; spices came to them unground and none of their vi tues extracted. Formerly, the list of family grocer s was a short one.

Food adulteration, as a great evil, follows manufacture and commerce, and flourishes in the train of a broadening civilization. Adulteration is largely a matter of lessening costs, in order that an extensive line of low-priced foods may be placed upon the market. We all recognize, as a marked and credible feature of the past quarter of a century, the efforts of modern civilization to regulate by law sanitary and other conditions affecting the physical welfare of the race, in order to add to the comfort of living and promote longevity. Included in this effort is the regulation of the food supply, commonly designated the "Pure Food Movement."

The entire question as to the pure food regulation. might be summed up in a few sentences, as the kernel of the entire matter is, that the consumer shall be

made acquainted with the true character of the food. and drink offered for sale.

The trade is a general proposition in favor of an honest label, one which defines, to the consumer, the true character of the article it covers. There is a minority that claims that when once a food product is admitted to be pure and wholesome, it should not come under the jurisdiction of a food law and should be sold as any other article of merchandise; and also, that when a food law undertakes to protect the people from fraud and deception it is going beyond the question of pure food. This position is untenable, as food affects the physical well being of individuals and the state, which is not the case with other sorts of merchandise.

It is also understood that legal protection or supervisions of the rights of manufacturers and distributors, is in no way prejudicial to or infringes the right of the

consumers.

The right of the manufacturers is by no means encroached upon by laws which prohibit the use of harmful or unsanitary ingredients in food products, or which provide for sanitary inspection of stores and manufactories or prescribe the form of label, the standard of the ingredients to be used in the preparation of the food.

The fundamental principle is that every consumer is entitled to choose as to the kind and quality of the food offered for sale. For example, whether they shall receive honey when desiring to purchase that article, or a mixture of honey and glucose; absolutely pure fruit jelly or an imitation, and this comparison is equally applicable and true and applies to all foods and food products.

As a safeguard, insuring the people against fraud in connection with the preparation, manufacture and sale of food products, publicity is an active factor and can be trusted in a large degree to protect the consumer. There is nothing the fraudulent manufacturer of adulterated food fears so much as publicity.

The manufacturers and dealers are a unit in favor of the adoption of uniformity in labels and standards. and are heartily in sympathy with the National Food Law, that will bring about co-operation between the national and state food authorities.

The outlook for "pure food" is brighter than ever before in the history of our state. The supreme courts of nearly every state in the Union have held that all 'persons who manufacture and sell adulterated foods do so at their peril, and the penalty will be enforced ven though the seller had no knowledge of the adulration.

The Supreme Court of Minnesota has held that no person has the constitutional right to keep secret the composition of a substance which he sells the public. for food.

To show the complete power of the state over the sale of food products it is only necessary to refer to the recent decision of the Supreme Court of the State of Missouri, Vol. 160, page 474, in which a statute, absolutely prohibiting the sale of baking powder containing alum, was upheld and enforced.

In order to prevent the sale of deleterious foods, and also to prevent commercial frauds, it is only necessary for the several states of the Union to pass adequate laws modeled after the National Food Law and enforce them.

During the past seven years as State Food Commissioner of Illinois, I have had a share in the work

of securing a National Food Law-not only did I act in my capacity as State Food Commissioner of Illinois, but during that time as representative of the National Association of State Dairy and Food Departments, an association consisting of the food officials of the various states of the Union, having served two years of that time as president of the National Association, and during all that time as a member of the committee appointed by the National Association to procure a national law, and as a member of this committee, along with Dr. H. W. Wiley, Chief of the Bureau of Chemistry in the Department of Agriculture, prepared a National Food Law and memoralized Congress to pass same, and with the other member of said committee and Dr. H. W. Wiley, each Congress appeared before committees of the House and Senate of the United States in the interest of this bill for a National Food Law until the national law was passed by Congress, and I now believe that, under the provisions of this National Food Law, we can check the great evil of misbranded and adulterated food and drink that are pouring over the border lines of our state, and too great credit cannot be given Dr. H. W. Wiley and Secretary Wilson of the Department of Agriculture in impressing upon Congress the necessity of a National Food Law, and also for the zeal shown by them in the work of preparing rulings and standards for food as well as for the active preparation of the prompt enforcement of the law.

For years the national, as well as the state government, has been passing laws protecting the animal and vegetable kingdom as well as in the interests of agriculture and horticulture and making liberal appropriations along these lines.

It is now high time that the human family should have some attention paid to it. If efficient food and sanitary laws can be secured and enforced, this will tend to produce a better condition of affairs in the state, life will be made more worth the living, longevity will be increased and accordingly there will be less demand for increased appropriations for our charitable and penal institutions, as well as less poverty and crime in our state.

If the state would have a strong intellectual and healthy citizenship it must give more attention to food and drink as well as the sanitary conditions of the state.

The law requires the commissioner to ascertain whether the various food products are adulterated or misbranded.

Upon the laboratory devolved the analytical work of determining what foods were adulterated or misbranded, also ascertaining the ingredients or substances, used in the adulteration of foods, and also to ascertain whether the ingredients or substances used were unwholesome or injurious to the health, or used merely as an inferior or cheaper substance or substances and substituted wholly or in part for the real or genuine article.

The work of the laboratory has been extensive along the various lines of adulteration especially, as to the use of preservatives and coloring matter used in food and dairy products.

The use of coloring matter and preservatives in food products has recently received much attention from food officials. It has been clearly demonstrated that the use of coloring matter and preservatives in food products have been carried to an extreme. The deleterious effects of their use upon the health of the

people of the state has been clearly set forth in bulletins issued from the department from time to time as these investigations have been made. In this manner we have attempted to keep the public informed as to their harmfulness, as well as by prosecutions instituted against manufacturers and dealers and on the first day of September, 1906, we issued a bulletin in which "Standards for Purity of Food products" were established and requirements were made for their manufacture and sale as standard of the articles, the standards being based on those adopted by the U. S. Department of Agriculture, and have been modified to accord with Illinois laws, and with local conditions. This bulletin has been revised and brought down to date in so far as food standards, not given in this bulletin, have been adopted.

The question of coloring matter is fraught with a great many complicated questions, and concede that all mineral coloring matters are injurious to the health.

There are vegetable coloring matters that are perfectly harmless as far as health is concerned, such as anatto and natural food colors, and there are caramels that are harmless as far as health is concerned, but even the most harmless can become harmful when used either to enhance the value of the inferior article, or when used to deceive the purchaser or consumer in making him believe that a certain food product is what it is not, or making him think it is something better than it is. It is harmful then and ought to be prohibited.

As to the question of preservatives, it has been conclusively demonstrated that when taken in large quantities many of them will produce death, and any substance, or ingredient which will produce death, when taken in large doses or quantities, it is dangerous to administer it continuously in small quantities, and an opinion cannot be based on whether coloring matter and antiseptics in foods are harmful or not by the immediate effects which they produce.

It has been demonstrated by Dr. H. W. Wiley, Chief of the Bureau of Chemistry in the U. S. Department of Agriculture, when making these tests, as to preservatives that when taken morning, noon and night, over and over again for seven days in the week and four weeks in the month, they are injurious to the health, it was found that the preservative destroyed the germs of fermentation.

To show the extent to which coal tar colors are now employed in foods for giving color effects, a partial list of the foods so treated by some manufacturers read like this: Jams, jellies, preserves of all kinds, canned goods, such as cherries, peaches, strawberries and tomatoes, candies, sausages, catsup, flavoring extracts, syrups for soda fountains, vinegars, marmalades, wines, butter, cheese, etc. Now when we come to consider the immense amount of these goods consumed in American dietaries, the question assumes startling significance.

In addition to the coloring matters already named, there have been employed to a large extent admittedly poisonous metallic salts of lead, copper, zinc, arsenic and iron.

In regard to antiseptics it may be truthfully said. that their use is coextensive (if not in excess) with that of coloring matter. Many kinds of foods are treated with antiseptics where no coloring matter is required or used, while a large number of products carry both. Antiseptics are used to prevent fermentation. Antiseptics may, like coloring matters, be divid

ed into two classes: First, those which are not only admittedly harmless, but they are also useful articles of food, such as common salt, sugar, spices, etc. These have been used since time immemorial, and their use must be considered legitimate. The second class embraces the so-called chemical preservatives, the principal ones of which are salicylic and benzoic acids and their salts, boracic acid and borax, sulphurous acid, and its salts, formaldehyde, saccharin, sucrol, abastol, betanaphthol and some of florine compounds. The application of these preservatives to food products is of comparatively recent date, and their use is a menace to public health and longevity.

Now if the antiseptic and coloring matter used will destroy the germs of fermentation, and strong enough to effectually resist natural decay, as many of these preservatives and coloring matters are, the logical conclusion is that when taken continuously in small amounts, they are injurious to the health and their use ought to be prohibited by law.

The difficulty in the past has been that there were no legal standards for foods for the human family. There has been a great demand for standards for foods; grocers have needed them in stocking their stores; manufacturers and manufacturing chemists have desired them in making trade preparation; law makers could have employed them to great advantage in formulating needed legislation.

During the past year considerable attention has been paid to the milk supply of the large cities, and especially in the city of Chicago. This work was started primarily because the milk depots and peddlers were using preservatives such as formaldehyde. The samples taken by our inspectors in numerous instances resulted in the finding of this preservative. The condition of some of the milk and cream was such as called for numerous prosecutions for violation of the law in regard to preservatives.

The enforcement of the butter laws enacted to regulate the manufacture and sale of substitutes for butter and to prevent fraud in the brand and sale of "process or renovated butter" have received considerable attention at the hands of the department during the past year and a great improvement has been discovered in respect to the manufacture and sale of oleomargarine and "process or renovated butter" as these investigations have shown that the label laws in regard to these substitutes for butter are pretty generally observed and that the oleomargarine that is sold in our state at the present time is generally uncolored or white, and "process butter" is labeled and sold as "renovated butter"; but there is great room for improvement along these lines.

The help rendered this department by the daily newspapers of Chicago and the press of the state generally, as well as the various journals and magazines of the state, and the friendly assistance so freely given has been at all times a great inspiration and incentive to this department to renewed efforts to enforce the food laws with greater zeal. Their assistance in giving to the public the work accomplished by this department as well as their sympathy and approval of the difficult duties performed, afforded genuine pleasure and much encouragement. The help received from these sources is incalculable and has done much to purify the food markets of the state and drive out adulterated food products; and thanks are due and are hereby freely acknowledged for their assistance and for courtesies extended.

ADDRESS OF DR. WILEY BEFORE THE AMERICAN CHEMICAL SOCIETY, NEW YORK, JAN. 11, 1907.

"The Pure Food and Drugs Act became effective Jan. 1, 1907. The phrase 'became effective' must, however, be taken with a grain of salt.' Under the peculiar conditions which existed, it is not possible for the Secretary of Agriculture to make any arrangements looking to the immediate enforcement of the act, because no appropriation had been made by Congress for this purpose. It was not until the day before Christmas that the act appropriating $250,000 for the enforcement of the law for the remaining portion of the fiscal year, that is, until July 1, 1907, made this sum available. It was necessary after this appropriation bill was signed to apply to the Civil Service Commission for examinations for inspectors and chemists. The Commission will

hold in the near future an examination for inspectors at salaries of $2,000, and lower grades in the service; for experienced chemists at salaries of $3,000 and lower grades in the serv ice, and for younger chemists at salaries of $2,000 and lower grades in the service. The first and second of these examinations will be assembled examinations, that is, the candidates will report at certain specified places and hold their examination under supervision. The second one for the high grade chemists. will be a non-assembled examination, that is, will be a statement on the part of the candidate under oath of his qualifications and experience. Those who take the high grade examination for chemists will be required to have secured a degree of Ph.D., or to have made studies equivalent to that degree. Inspectors will not be required to pass either

an

depend upon the development of the inspection service and chemical service and the amounts of the appropriations voted from time to time by Congress. The Secretary of Agriculture has asked for an appropriation of $750,000 for the fiscal year beginning July I, 1907, to be applied in the enforcement of the Food and Drugs Act.

Several new laboratories will be established, especially for the inspection of imported goods. Possible localities where the establishment of such laboratories is desirable are Buffalo, Charleston, Jacksonville, Galveston, St. Paul, St. Louis, Detroit, Denver, Seattle or Portland and perhaps other places. It is not meant by this to say that these places have

DR. H. W. WILEY.

examination in chemistry nor in law, but must be men under 40 years of age who have developed business ability and had experience in handling foods and drugs. Perhaps an ideal inspector of this kind would be a first-class traveling man for the sale of foods and drugs. Any one, though, who has had experience in any way in handling foods and drugs, commercially or otherwise, is eligible to examination.

"This examination is confined to men only. Examinations for chemists are open to both sexes. The number of inspectors and the number of chemists who are to be employed is not yet determined. It will

been selected already for the establishment of laboratories, because such is not the fact, but from a study of conditions it seems to me probable that they would be places suitable for the establishment of laboratories. These laboratories of course would also be active in the inspection of foods entering into interstate commerce, as well as those imported from foreign countries.

"The principal enlargement of the work at Washington will be in the clerical service which is necessary to take care of the tremendous correspondence and all the details of the work. Additional chemical assistance will also be required in order that greater certainty may be secured by reviewing the work of the chemists stationed in various portions of the country where it seems advisable, on the first analysis, to begin prosecutions.

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"Questions of very great importance in connection with this work are to be decided by the Secretary of Agriculture in order that the inspection service may become effective. Upon him rests the burden of deciding first of all as to the wholesomeness or unwholesomeness of added substances, his decisions, of course, being always subject to repeal by the courts. It is evident, however, that no action could be taken in any case unless the Secretary should come to some decision in that particular The decisions which the Secretary reaches in these matters will be made public and published as

food inspection decisions. Already nine of these decisions have been issued and others will follow from time to time. These decisions state simply the attitude of the Secretary in these matters and indicate to the manufacturers and dealers what he regards as infractions of the law, both as to adulteration and misbranding. When these decisions are officially published if they are neglected by the manufacturer and jobber it is a clear indication that it is not their intention to construe the law as it is construed by the Secretary.

"This, then, will bring before the courts a clear case which will be the subject of prosecution and decision. The Secretary has made it clear in his utterances that the law is to be executed in a spirit of fairness and toleration. . All manufacturers and dealers who are earnestly trying to obey the law will be encouraged in every possible way so that their efforts may be successful.

METHODS OF MANUFACTURE MUST BE CHANGED.

long established methods of manufacture and preparation be changed, but it is hoped that these changes may be made in such a way as not to interfere in anv unnecessary degree with trade.

"Perhaps the most important question which will be decided by the Secretary is that of preservatives and colors. In the case of preservatives under the meat law, which is practically the same as the food law, the Secretary has already made his decision, and you are familiar therewith. It is to the effect that no preservatives shall be used in meat except the ordinary condimental preservatives, such as salt, sugar, vinegar, wood smoke, condiments, and, pending further investigations, saltpeter. It is a question, however, whether saltpeter is really a preservative. The weight of the testimony which has been secured is to the effect that it is used as a coloring agent, or as a preserver of color, and not as a preservative. It does not seem logical to suppose that the decision under the food law can be radically different from that under the meat law, and therefore it is only reasonable to suppose that the ultimate purpose of the law, as construed by the Secretary of Agriculture, is to exclude from food products the preservatives which are excluded from meat products.

"Among the most important of these is sulphurous acid in the form of fumes of burning sulphur applied during the process of preparation of certain food products. Among these the most important are molasses. evaporated fruits and wines. In the case of molasses. it is a very general custom to sulphur the juices from the canes, and a portion of this sulphur enters the molasses. In the case of evaporated fruits it is quite a general custom to submit the freshly prepared fruits to the fumes of burning sulphur before evaporation. In the case of wines it is almost the universal custom to burn sulphur in the barrels or casks in which the wine is stored. These processes introduce into the food products greater or less quantities of sulphurous acid, free or combined.

"The investigations of the Derartment of Agriculture and these are supported by the investigations. of many other experts-show the injurious effects of sulphurous acid upon health. Hence, under the law sulphurous acid may finally be excluded from foods. It is only fair, however, to the trade and to the methods of manufacture, that due time be given to eliminate these iniurious bodies, and especially that some toleration of them should be permitted, as in the case

of wines where the manufacture has been begun three, four or five years before the law was passed.

TO SECURE COMPLETE ELIMINATION OF HARMFUL

PRESERVATIVES.

"Under the appropriation act the Secretary of Agriculture has authority to prescribe rules and regulations for the use of preservatives, and under this authority he may permit the use of some of these objectionable substances for a time which is deemed necessary to secure their complete elimination. In doing this, however, it is very probable that he will require that the name and the quantity of the preservative employed shall be plainly stated upon each of the labels. This is a concession which the manufacturer ought cheerfully to grant, when he considers that the Secretary is dealing so leniently with him in permitting the continued use of a substance which apparently is deleterious to health pending the investigations of methods to eliminate it completely.

"It is not to be inferred from the above outline that the action cited has been actually taken by the Secretary. I am only giving my own view of what will probably be recommended to the Secretary and which it is hoped may receive his favorable consideration. It is evident from the above outline that the chemists of this country will be vitally interested in the execution of the food and drugs act. I have said little in the above concerning drugs because the law is more simple respecting them. Those which are mentioned in the Pharmacopoeia or National Formulary are required to conform to the standards set up by those two standards. Here there is nothing to be determined except by chemical analysis. All the rest is arranged by the law and no discretion is given the executive officer respecting the matter.

"The activity of the chemists of the country in respect of the Food and Drugs Act will be divided into three great camps. First, those chemists who are employed by the national and state governments in the execution of the laws of the nation and of the state. Second, those chemists who are employed to combat the theories or processes or data established for foods and drugs by the national and state chemists before the courts and otherwise. And, third, the chemists who are making independent examinations either for themselves or their clients respecting the character of foods and drugs offered for sale. This third camp of chemists naturally would tend to separate by evolution and join the other two camps. It is evident, therefore. that the enactment of the Food and Drugs Act will be of great benefit to the chemical profession, considered solely from the activities which it will establish. Thus the profession should hail this law as an additional recognition of its standing in the community and the great services which it is called upon to render humanity. Let us hope that in the development of chemical science along these lines and in its application to the public welfare there may be excluded from consideration all personalities and recriminations and matters which reflect upon the character or upon the work of our professional brethren.

HOPES CHEMISTS WILL REGARD EACH OTHER IN ETHICAL SPIRIT.

"There is no reason why two chemists emploved in opposite camps should not regard each other in a truly ethical spirit. respect each other's personality and work, and enter into any contest which may be necessary in the most friendly and ethical spirit. I do not have much consideration for that professional man

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