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24, except alcohol, and the quantity of any derivative or preparation of any such substance, including derivatives of alcohol, shall be stated in terms of grains or minims per fluid ounce; in a solid, the quantity shall be stated in terms of grains or minims per avoirdupois ounce, provided that statements may be in terms of the metric system, if preferred.
(c) When two or more pills, wafers, tablets, powders, capsules, and the like are put up for sale or distribution in the same container, the quantity of the specified substance or derivative present in each pill, wafer, tablet, powder, capsule, or other unit, shall be stated.
(d) A statement of the maximum quantity or proportion of any substance specified in regulation 24 present will meet the requirements, provided the maximum stated does not vary materially from the average quantity or proportion.
(a) Except as otherwise provided by this regulation, a package of food shall be plainly and conspicuously marked with the quantity of the contents in terms of weight, measure, or numerical count on the outside of the container, or of the covering of the package usually delivered to the consumer.
(b) The quantity of the contents so marked shall be the quantity of food in the package.
(c) The statement of the quantity of the contents shall be plain and conspicuous, shall not be a part of or obscured by any legend or design, and shall be so placed and in such characters as to be readily seen and clearly legible when the size of the package and the circumstances under which it is ordinarily examined by purchasers or consumers are taken into consideration.
(d) The quantity of the contents when stated by weight or measure shall be marked in terms of the largest unit contained in the package, except that, in the case of an article with respect to which there exists a definite trade custom for marking the quantity of the article in terms of fractional parts of larger units, it may be so marked in accordance with the custom. Common fractions shall be reduced to their lowest terms; fractions expressed as decimals shall be preceded by zero and shall be carried out to not more than two places.
(e) Statement of weight shall be in terms of the avoirdupois pound and ounce; statement of liquid measure shall be in terms of the United States gallon of 231 cubic inches and its customary subdivisions, i. e., gallons, quarts, pints, or fluid ounces, and shall express the volume of liquid at 68° F. (20° C.); statement of dry measure shall be in terms of the Unites States standard bushel of 2,150.42 cubic inches and its customary subdivisions, i. e., bushels, pecks, quarts, or pints, or, in the case of articles in barrels, in terms of the United States standard barrel and its lawful subdivisions, i. e., third, half, or three-quarters barrel, as fixed by the act of March 4, 1915 (38 Stat. 1186): Provided, That statement of quantity may be in terms of metric weight or measure. Statement of metric weight shall be in terms of kilograms or grams. Statement of metric measure shall be in terms of liters or cubic centimeters. Other terms of metric weight or measure may be used if it
appears that a definite trade custom exists for marking articles with such other terms and the articles are marked in accordance with the custom.
(The quantity of solids shall be stated in terms of weight and the quantity of liquids in terms of measure, except that in case of an article in respect to which there exists a definite trade custom otherwise the statement may be in terms of weight or measure in accordance with such custom. The quantity of viscous or semisolid foods or of mixtures of solids and liquids may be stated either by weight or measure, but the statement shall be definite and shall indicate whether the quantity is expressed in terms of weight or measure, as, for example, "weight 12 oz." or "12 oz. avoirdupois," "volume 12 ounces" or "12 fluid ounces."
(g) The quantity of the contents shall be stated in terms of weight or measure unless the package is marked by numerical count and such numerical count gives accurate information as to the quantity of the food in the package.
(h) The quantity of the contents may be stated in terms of minimum. weight, minimum measure, or minimum count, for example, “minimum weight 10 oz.," "minimum volume 1 gallon," or "not less than 4 fl. oz." but in such case the statement must approximate the actual quantity and there shall be no tolerance below the stated minimum.
(i) The following tolerances and variations from the quantity of the contents marked on the package shall be allowed:
(1) Discrepancies due exclusively to errors in weighing, measuring, or counting which occur in packing conducted in compliance with good commercial practice.
(2) Discrepancies due exclusively to differences in the capacity of bottles and similar containers, resulting solely from unavoidable difficulties in manufacturing such bottles or containers so as to be of uniform capacity: Provided, That no greater tolerance shall be allowed in case of bottles or similar containers which, because of their design, can not be made of approximately uniform capacity than is allowed in case of bottles or similar containers which can be manufactured so as to be of approximately uniform capacity.
(3) Discrepancies in weight or measure due exclusively to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of the packages to evaporation or to the absorption of water.
Discrepancies under classes (1) and (2) of this paragraph shall be as often above as below the marked quantity. The reasonableness of discrepancies under class (3) of this paragraph will be determined on the facts in each case.
(1) A package containing one-half avoirdupois ounce of food or less is "small" and shall be exempt from marking in terms of weight.
(k) A package containing one fluid ounce of food or less is "small" and shall be exempt from marking in terms of measure.
(1) When a package is not required by paragraph (g) to be marked in terms of either weight or measure and the units of food therein are six or less, it shall, for the purpose of this regulation, be deemed "small" and shall be exempt from marking in terms of numerical count.
Regulation 27-Articles Intended for Export. (Section 2).
(a) An article of food or drugs intended for export is not adulterated or misbranded within the meaning of the act if it is established by the shipper or exporter that the article is prepared or packed according to the specifications or directions of the foreign purchaser and that no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which the article is intended to be shipped.
(b) An article intended for export prepared or packed in accordance with paragraph (a) of this regulation shall be labeled on the outside container or wrapper so as to show that the article is intended for export and is prepared or packed in accordance with the specifications or directions of the foreign purchaser. This marking is required only on an article which otherwise would be classed as adulterated or misbranded.
(c) An article prepared for export in accordance with paragraphs (a) and (b) of this regulation if sold or offered for sale for domestic consumption is subject to all the provisions of the act regarding domestic sale.
Federal Food and Drug Act
Information Regarding the Law and Regulations
Briefly stated, the law requires that canned foods be prepared in a clean and sanitary manner from materials which are sound and free from decomposition and that the labels be free from false, misleading or deceptive statements, designs or devices. Further, the cans or labels should bear a plain and conspicuous statement of the quantity of the contents as indicated by Regulation 29. The cans should be as full of food as practicable for packing and processing without injuring the quality and appearance of the contents. Foods packed with water, brine or sirup, should contain only sufficient liquid to fill the interstices and cover the product.
The Federal Food and Drugs Act applies only to food and drugs shipped or delivered for shipment in interstate or export commerce, or imported into the United States or manufactured, sold or offered for sale in the District of Columbia or the Territories. Regardless of whether or not products come within the jurisdiction of the federal law, they are subject to the laws of the States in which they are manufactured or sold. Information concerning State laws may be secured by communicating with the officials of the Department in the various States.
The complete law follows:
Food Inspection Decisions
U. S. Department of Agriculture
Food Inspection Decision No. 126-Salts of Tin in Food
The attention of the board has been directed to canned goods which contain salts of tin derived from the solvent action of the contents of the package upon the tin coating. Pending further investigations on this question all canned goods which are prepared prior to January 1,
1911, will be permitted to enter and pass into interstate commerce without detention or restriction in so far as their content of tin salts is concerned. All foods which are canned subsequently to January 1, 1911, will be permitted importation and interstate commerce if they do not contain more than 300 milligrams of tin per kilogram, or salts of tin equivalent thereto. When the amount of tin, or an equivalent amount of salts of tin, is greater than 300 milligrams per kilogram, entry of such canned goods packed subsequently to January 1, 1911, will be refused, and if found in interstate commerce proper action will be taken.
It is the opinion of the board that the trade will experience little hardship in adjusting itself to this condition, as the results of examinations made by the Bureau of Chemistry of various types of canned goods indicate that in a very large majority of cases inconsiderable quantities of tin are found, well within the limit herein set.
Food Inspection Decision 144-Canned Foods: Use of Water, Brine,
The can in canned food products serves not only as a container but also as an index of the quantity of food therein. It should be as full of food as is practicable for packing and processing without injuring the quality or appearance of the contents. Some food products may be canned without the addition of any other substances whatsoever-for example, tomatoes. The addition of water in such instances is deemed adulteration. Other foods may require the addition of water, brine, sugar, or sirup, either to combine with the food for its proper preparation or for the purpose of sterilization—for instance, peas. In this case the can should be packed as full as practicable with the peas and should contain only sufficient liquor to fill the interstices and cover the product.
Canned foods, therefore, will be deemed to be adulterated if they are found to contain water, brine, sirup, sauce or similar substances in excess of the amount necessary for their proper preparation and sterilization.
It has come to the notice of the department that pulp prepared for trimmings, cores, and other waste material is sometimes added to canned tomatoes. It is the opinion of the board that pulp is not a normal ingredient of canned tomatoes, and such addition is therefore adulteration. It is the further opinion of the board that the addition of tomato juice in excess of the amount present in the tomatoes used is adulteration—that is, if in the canning of a lot of tomatoes more juice be added than is present in that lot, the same will be considered an adulteration. Food Inspection Decision 149, December 26, 1912-Use of Copper Salts in the Greening of Foods
Paragraph 4 of Food Inspection Decision 148 is hereby modified to read as follows:
The Secretary of Agriculture, therefore, will regard as adulterated, under the food and drugs act, foods greened with copper salts which, on and after January 1, 1913, are offered for entry into the United States or are manufactured or offered for sale in the District of Columbia
or the Territories, or which, on and after May 1, 1913, are shipped in interstate commerce.
Food Inspection Decision No. 153-Amendment to Regulation 9,
Regulation 9 of the Rules and Regulations for the enforcement of the Food and Drugs Act, June 30, 1906 (34 Stat., 768), is hereby amended effective May 1, 1915, so as to read as follows:
Regulation 9-Guaranty. (Section 9.)
(a) It having been determined that the legends "Guaranteed under the Food and Drugs Act, June 30, 1906," and "Guaranteed by (name of guarantor), under the Food and Drugs Act, June 30, 1906," borne on the labels or packages of food and drugs, accompanied by serial numbers given by the Secretary of Agriculture, are each misleading and deceptive, in that the public is induced by such legends and serial numbers to believe that the articles to which they relate have been examined and approved by the Government and that the Government guarantees that they comply with the law, the use of either legend, or any similar legend, on labels or packages should be discontinued. Inasmuch as the acceptance by the Secretary of Agriculture for filing of the guaranties of manufacturers and dealers and the giving by him of serial numbers thereto contribute to the deceptive character of legends on labels and packages, no guaranty in any form shall hereafter be filed with and no serial number shall hereafter be given to any guaranty by the Secretary of Agriculture. All guaranties now on file with the Secretary of Agriculture shall be stricken from the files, and the serial numbers assigned to such guaranties shall be canceled.
(b) The use on the label or package of any food or drug of any serial number required to be canceled by paragraph (a) of this regulation is prohibited.
(c) Any wholesaler, manufacturer, jobber, or other party residing in the United States may furnish to any dealer to whom he sells any article of food or drug a guaranty that such article is not adulterated or misbranded within the meaning of the Food and Drugs Act, June 30, 1906, as amended.
(d) Each guaranty to afford protection shall be signed by, and shall contain the name and address of the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States making the sale of the article or articles covered by it to the dealer, and shall be to the effect that such article or articles are not adulterated or misbranded within the meaning of the Federal Food and Drugs Act.
(e) Each guaranty in respect to any article or articles should be incorporated in or attached to the bill of sale, invoice, bill of lading, or other schedule, giving the names and quantities of the article or articles sold, and should not appear on the labels or packages. Food Inspection Decision 172-Condiments Other Than Vinegars and Salt
The following definitions and standards for condiments other than vinegars and salt were adopted by the Joint Committee on Definitions