The egg and offers no inducement to him to get his eggs to market while they are fresh. Every farmer who sells eggs that are "filthy, decomposed or putrid, infected, tainted or rotten," violates the law. retailer, collector or jobber who sells such eggs violates the law. The name "eggs" is applicable only to a wholesome product and if eggs are sold "case count" they must all be wholesome eggs. Section 8 of the State food law reads, "That for the purpose of this Act an article shall be deemed to be adulterated." * whether SIXTH-If it consists in whole or in part of a filthy, decomposed or putrid, infected, tainted or rotten animal or vegetable substance * manufactured or not. CONDITIONS OF SALE.* وو I would recommend that the use of the name "fresh eggs," "fresh laid eggs," "best eggs," "country eggs," and all other names conveying the idea that eggs are "fresh eggs,' as names for held eggs, or storage eggs of any description, be made the basis of court action against any so using those names. OYSTERS.** The paper presented by Dr. W. D. Bigelow at the 1908 convention of the A. O. A. C. on oysters, besides containing a general discussion of the practice of "drinking" oysters (placing oysters in fresh water), gave the following data as the result of a wide investigation. Oysters taken from water containing over 22 per cent of salt, contained in almost all cases: 70 per cent or more of solid meats. 20 per cent or more of total solids. In all cases: 20 per cent or more of total solids in the solid meats. 40 per cent or less loss of weight on boiling. Oysters from water containing 2 per cent or more of salt, with two exceptions, contained more than 15 per cent total solids in original sample and in every case more than 20 per cent of total solids in the solid meat and less than 45 per cent loss on boiling. Dr. Bigelow regards with suspicion oysters containing less than 60 per cent of solid meat, or less than 15 per cent of total solids, or less than 18 per cent of total solids in the solid meat, or which sustain a loss of weight greater than 45 per cent on boiling. Even including those oysters grown in brackish water, all were found to contain more than 50 per cent of solid meats and more than 10 per cent of solids, and the solid meats contained in all cases more than 13 per cent of total solids and lost less than 55 per cent of their weight on boiling. The above facts are of great interest to this department with reference to the following resolution adopted at Madison: WHEREAS, The addition of ice or water to shucked oysters has the effect of lowering and depreciating and injuriously affecting their strength, quality and purity; therefore, be it * See Bulletin No. 11. **See Bulletin No. 20. Resolved, That such addition constitutes an adulteration and the sale of oysters so adulterated will be contested. The can containing the oysters should be surrounded with ice instead of ice being placed among the oysters. THE VALUE OF THE LABEL. Every food law in the United States has two objects: First, to prevent the sale of foods containing injurious substances; second, to protect the consumer against fraud. The second object is attained by provisions requiring that the article be truthfully branded or labeled; that it be not misbranded and that the brand or label contain no misleading statement, design or device. But the consumer is only partially protected by these requirements of the law unless he reads the label himself and learns from it what he is buying. Even the retail grocer often fails to do this, and in consequence misrepresents the goods to the consumer, who accepts them without reading the label. Some retailers have sold to our inspectors cans labeled to contain "Maple and Cane Syrup," representing the goods to be pure maple syrup. It is evident that the grocer, if an honest man, had not read the whole of the label, but knowing the can to contain a syrup and seeing the word "maple," had read no more of the label. It is also evident that those of his customers who did not read the label were deceived and received an article that was cheaper and of a flavor inferior to maple syrup. They could have protected themselves by reading the label. This kind of an oversight in reading the label is also very common with reference to jellies composed of apple, and another fruit in sufficient quantity to flavor it. These are labeled "Apple and Currant Jelly," "Apple Jelly, Currant Flavor," etc. Now, apple jelly is the cheapest jelly on the market, and if these compound jellies are sold as currant jelly, plum jelly, etc., the consumer is being defrauded when he need not be if he would only read the label. The jellies and jams often contain glucose or corn sugar, which, though perfectly wholesome and nutritious, is much cheaper than the cane sugar used by the housewife in making jellies and jams. If the common practice of the purchaser of merely reading enough of the label to find out what fruit has been used is followed in this case, he will not know, as he ought to know, when he knows that glucose or corn syrup has been used, that he should get this jelly, jam or fruit butter much cheaper than a cane sugar jelly, jam or fruit butter. The most expensive goods have the simplest label, as "Currant Jelly," neither preceded nor followed by any qualifying word or words. If the consumer reads all the label he will sometimes find a statement that the jelly contains phosphoric, tartaric or citric acid. These acids cheapen the product in the manner explained under "Jellies, Jams and Preserves" in this report. They are not used in the best jellies. In purchasing extracts the purchaser will frequently save half his money if he reads the label. Extracts labeled "Lemon extract," "Vanilla extract," "Orange extract," etc., without qualifying words are all required to be of standard strength. But many extracts are made weaker than the standard requires. These must be labeled one-half standard strength, one-fourth standard strength, etc., as the case may be. An extract of one-half standard strength has only one-half the value of the standard extract; one of one-fourth standard strength, only one-fourth the value, etc. But what is the use of these statements on the label showing the value of the article if the purchaser does not read it? Statements on the label giving the name and amount of preservative used or announcing the presence of artificial color, alum or saccharine are usually in smaller type and will often be overlooked unless all of the label is read. The importance of knowing of the presence of these substances is shown in this report under Preservatives and Color and in Bulletin No. 9. If the housewife wants to know what she and her children are eating, she must read the label and read all of it. Respectfully submitted, State Analyst. REPORT OF CHARLES F. MCKINLEY, DEPARTMENT CHICAGO, Dec. 30, 1911. Hon. A. H. Jones, State Food Commissioner, Chicago, Ill.: DEAR SIR-Pursuant to the usual custom, I herewith submit a report concerning the work of the legal department during the past year. The work of this department has increased considerably during the year. During the early months I devoted considerable time to examining and revising amendments to the various laws which are under your jurisdiction, for the purpose of presenting them to the Legislature for adoption. I was also present with Mr. Newman and yourself before a number of the committees of the General Assembly when these amendments were up for consideration. AMENDMENTS. A brief reference to these laws and amendments may not be out of place here. As to the dairy and food law, the amendments, aside from those concerning the administration of the office, are as follows: SEC. 3. Making it a misdemeanor to refuse to assist an inspector in the performance of his duty, was strengthened. SEC. 9. Defining what articles of food are misbranded, was amended by curing some technical defects. SEC. 10. Providing for condemnation of adulterated or misbranded food, and which was patterned after the Federal law, was redrawn to comply with 'Illinois laws and procedure. SEC. 11. Concerning vinegar, was amended by providing that any vinegar made or branded contrary to its provisions should be deemed adulterated or misbranded. SEC. 12. Concerning extracts, was amended in similar manner. SEC. 20. Concerning instruments for measuring milk and cream, size of standard test tube amended. SEC. 20a. This is a new section, requiring licenses for all persons who operate milk and cream testing apparatus. SEC. 21. Concerning "Babcock Test," amended to include cream. SEC. 39a. This is a new section, specifically declaring it a misdemeanor to offer for sale or sell articles of food below standard, unless the variation is plainly indicated. SEC. 40. Extends the period of the Statute of Limitations from ninety (90) days to six (6) months. SANITARY LAW. The sanitary law is a new enactment, and is patterned after the laws in force in several other states. For constitutional reasons I deemed it necessary to change the form of the law as it exists in those states. I proceeded on the theory that the Legislature has the right to declare that insanitary conditions, as therein defined, would constitute a nuisance, and could be abated. This position, I believe, the courts will sustain. A mode of procedure is provided, by which the nuisance may be abated and the conditions remedied, without resorting to prosecution, though the latter remedy is given in case of obstinate violation of the law. This law will prove a most salutary one, and extremely welcome to the public; and under the efficient system of inspection which has been inaugurated, gratifying results are sure to follow. Matters of routine and policy in the work of the office which involved legal questions, have served to increase the work assigned to me. These problems are varied in character and their proper solution serves to increase the efficiency of the work of the commission. In the matter of taking samples of food, for example, I have prepared a set of special instructions to the inspectors, concerning the information they are to secure when obtaining samples, and the manner of making out their report cards. In this connection the periodic meetings of the inspectors which you have held, have resulted in much more accurate information being sent in by them. Where prosecutions follow, this is most important. I also coöperated with you in revising the "Rules for Labeling," which were promulgated July 1, 1911, and which are given elsewhere in the report. They have been arranged in a more logical order, several rules have been modified, and several new ones added. These rules are a useful guide to the manufacturers and packers of goods, as they are more explicit and in less technical language than the law. PROSECUTIONS. The greater part of the work has consisted in preparing and prosecuting cases brought for violations of the various laws. Through the courtesy of the state's attorney, I have personally conducted all the prosecutions brought in Cook county. In the other counties, informations and complaints have been prepared and forwarded with a summary of the evidence to the respective state's attorneys. I have also assisted in the trial of some of these cases. The various state's attorneys, with some exceptions, have extended their hearty coöperation in this matter, and the results have been gratifying. As shown elsewhere in the report, there are ninety-six cases pending and undisposed of in the various counties of the State. This number is accounted for by the fact that most of them were filed late in the year and have not been called for trial. The confusion and delay incident to -14 F C |