NINTH ANNUAL REPORT OF THE STATE FOOD

COMMISSION.

1619 MANHATTAN BUILDING,

CHICAGO, ILLINOIS.

To His Excellency, Charles S. Deneen, Governor of Illinois: DEAR SIR-I have the honor to herewith transmit this, my ninth annual report of the Illinois State Food Commission, for the year 1908, in compliance with that part of section one of the Act of the General Assembly, approved May 14, 1907, and in force July 1, 1907, known as the new Illinois State food law.

As stated in our last annual report the General Assembly has given evidence that it has considered the recommendations in your last annual message, and consequently, has determined to enter upon a broader and more comprehensive food and dairy policy, adequate in some sense to the needs of our great State, by an entire revision of all the laws pertaining to foods and codifying these laws into one code and modeled after the National food law, with the possible exception of the "Oleomargarine laws of 1897."

As an investigation of food legislation in Illinois will show that the laws, pertaining to foods had never been revised and consisted of some eighteen acts, extending back to 1845; and there was a contention that the law of 1899, creating the State Food Commission, and purporting to be a revision of the food laws, except as to dairy products, repealed all former laws, so that in prosecution for violations under prior statutes it made it hard to convict, but this contention is now done away with, for under the enactment of the new State food law by our present General Assembly, and the entire revision of all the laws into one code, except the law pertaining to "Oleomargarine," it leaves no contention that the law of 1907 is not a full and complete revision of all our food laws.

Now that we have an entire revision of our State food laws, modeled after the National food law, with authority to make rulings and standards and revised and brought down to date to meet the new conditions, it is conceded, by the food officials of the various states of the Union as well as food manufacturers and dealers that Illinois has the best food law of any State in the Union, and many of the states have already revised their food laws substantially along the same lines and used the new Illinois State food law as a model and the people of our State are to be congratulated upon securing such a splendid law.

Under our new State food law the powers of the commissioner and inspectors are greatly enlarged and the department is clothed with much greater authority as to taking and procuring samples and the right to examine all premises, carriages, cars, or other places where food is manufactured, transported, stored or served to patrons, as will more fully be shown by sections two, three and four of our new State food law.

Ten very important changes were made by our new State food law. First-The new food law requires that every manufactured food, and all food put up in packages be branded with the true name of the article. Prior to this act there was no requirement, except in the case of oleomargarine, renovated butter, vinegar and artificial or imitation extracts, jellies and marmalades.

Second-The old law of 1899 contained no provision against misbranding or mislabeling. The new law contains all the provisions of the National food law relative to misbranding or mislabeling, and many other provisions in regard to standards of various foods.

Third Sanitary inspection is authorized and the use of unsanitary utensils and containers for milk, cream or dairy products generally, is specifically forbidden.

Fourth-Under the old food law there was a standard for milk, but no penalty for sale of milk below standard. Under the new food law there is a standard for milk and there is a penalty for selling milk below standard. Fifth-Under the old law there was no provision for making standards for foods. Under the new food law there are adequate provisions.

Sixth-It was necessary under the old law in each case to prove that a preservative was unwholesome or injurious to health; under the new law a preservative, such as formaldehyde, hydrofluoric acid, boric acid, salicylic acid and all compounds and derivatives thereof are declared unwholesome and injurious. This section, written into the law, has added great strength to the law and makes it easy to convict.

Seventh-There is now, for the first time, a guarantee clause in the new State food law. This protects the innocent retailer from prosecution, and fixes the responsibility on the truly guilty party where in good faith he purchases the goods of the manufacturer, packer, or jobber within the State and receives a guarantee-as provided by law for same. This provision of the law seems to be suited to the public needs, as it not only protects the retailer, if he is careful and prudent, as he should be in making his purchases only of a reputable manufacturer or jobber, but brings responsibility home to the manufacturer, packer, or jobber, if a false guarantee is made; and the responsibility is placed where it belongs, on the manufacturer, packer or jobber, who prepared the goods for sale, or of whom he purchases same.

Eighth-Under section six of the new food law the possession of misbranded or adulterated articles of food are prohibited by law-it makes the possession of same prima facie evidence of guilt, and the possession thereof a violation of the law. This section is of great assistance to the department as it does away with the fraud found in the possession of the retailer. Now all the department has to do is to prove that the goods are adulterated or mislabeled, in order to convict.

Ninth-Under section ten of the new food law the department is given the right to enforce the confiscation and condemnation of misbranded or adulterated foods. This section is of great assistance to the department in the enforcement of the law as in many cases the goods have been found to be "contraband goods," or shipped into the State under the interstate commerce law in violation of the National food law, and when coming within the jurisdiction of the State food department, were found to be illegal-could be seized and condemned as provided in said section.

Tenth-Section forty of the new State food law, authorizing the department to grant preliminary hearings to the accused violators of the law, is a new section. It provides that the commissioner may cause notice of the violation to be given to the accused, with a copy of the findings, and a hearing had on the same-the accused may appear in person, or by attorneys, and after such hearing the commissioner shall, in his discretion, either prosecute the accused or discharge him. This is one of the most important provisions of the new State food law, as under this section the accused can come in and make defense and show cause why he should not be prosecuted.

In many of the preliminary hearings that have been held under section forty, it has been found that the adulteration, or misbranding, was on account of ignorance of the legal requirements, and in a number of other cases, it was found that the goods had been manufactured, or packed, prior to the enactment of the new law, and that the retailer, who had the article in his possession, was not advised as to the change of the law in these respects as soon as the attention of the accused was called to the violation of the law, he immediately shipped the goods back, or had them labeled, in conformity with the requirements of the new law. Prior to the passage of the new food law of Illinois there had been no law on the statute books of our State requiring spiritous and vinous liquors to be properly labeled, or preventing their adulteration.

Under section fourteen of the new law the adulteration of liquors is especially prohibited and under paragraph second of section nine where it is an imitation or blend, it should be plainly stated on the label in which it is contained.

I regard these sections as very important additions to the law as now we can punish the manufacturer, packer or dealer for selling liquors containing substances or ingredients not healthful or that are not properly labeled so as to show just what the article of liquor is and what it is composed of.

The national association of state dairy and food departments was organized for the purpose of securing a national food law, and to secure the coöperation of the various food officials--state and national-also for securing legislation in the different states of the Union and State food laws-modeled after the national food law-and to obtain unity of action as to rulings, labels and standards among the various states as well as with those made by the national food authorities.

As soon as I was appointed State Food Commissioner, I became a member of the national association of state dairy and food departments, and served two years as its president and have been a member of the executive committee of said association since-as a member of the executive committee of said association helped prepare a national food law and the same was introduced in Congress-for seven years our committee memoralized Congress to pass this national food law and the coöperation of the various food officials-state and national-as well as the various food journals, and the press of the country, and the work of education thus carried on, created a sentiment so strong that Congress finally, in 1906, passed the national pure food and drug law.

The condition of the food markets of the country had become fearful to contemplate-food adulteration had become so entrenched, owing to the interstate commerce laws, that permitted these adulterated and mis

branded foods to cross the border lines of the states-and the states had no jurisdiction beyond their border lines that there was no way of preventing their shipment into our State until this national law was passed -now through the coöperation with the national food authorities, under the national food law, we can prevent these adulterated and misbranded foods from being sold in our State.

Immediately after the national law was passed, I went to Washington and took up the question of coöperation in the national food work, and enforcing the national and state laws with Dr. Wiley, Chief of the Bureau of Chemistry-who had charge of the enforcement of the national food law and with Secretary Wilson of the Department of Agriculture in whose department the enforcement of the national food law was placed-made the necessary arrangements with them for mutual coöperation in all matters pertaining to interstate commerce in foods that might arise in Illinois.

Under this arrangement the national food authorities located their offices and laboratory on the north half of the 16th floor of the Manhattan building-and the Illinois State Food Department has, for the past nine years, occupied the south half of the 16th floor of the Manhattan building in Chicago, and, for the past year, these arrangements for coöperation and harmony of action, have been carried out-and the work of enforcing our State food laws, under this new arrangement, has been much more complete and effective than ever before-as now when adulterated foods are discovered that have come across the border line of our State the same is handed over to the national food authorities to prosecute as provided by the national food laws; and when it is discovered as adulterated or mislabeled, contrary to the provisions of our State food law, it is handed over to our State food authorities to prosecute as provided in our State food laws.

Dr. A. L. Winton, who has charge of the headquarters of the middle division of the United States food and drug law, as located in the north half of the 16th floor of the Manhattan building, has, for the past twenty years, been engaged in national food work in connection with the agricultural experiment station and otherwise and owing to his long experience in the work of enforcing these various food laws, has become very proficient, and is regarded as an expert on all questions pertaining to food and dairy products.

More attention is being given to these matters than ever before, as under these laws-State and National-rulings have been made for nearly every food product and a committee of State and National Food Chemists has been appointed to formulate these rulings, so that the food officials of the various states, as well as the National government may adopt and follow same; already there is established rulings for the various food products and coöperation, and the work of enforcing the food laws will, in the future, be comparatively easy as now we can reach the manufacturers or venders of these adulterated and misbranded foods outside of the State. Heretofore, as stated, there was no way of reaching these adulterators, and false labelers of foods, doing business outside of the State and whose foods came across the border line of the State.

Now that we will have standards for the various articles of food and every food product properly labeled so as to show the, composition or ingredients entering into same-the discovery of fraud in foods and the evidence of the same will be narrowed down until it will simply mean a question of analysis by the chemist and a comparison of the sample with the label and standard as fixed.

Hereafter manufacturers, dealers and food officials under the provision of our new National and State food laws, and the rulings and standards, will be equally and fully informed as to the precise requirements in the composition of all articles of food, the proper labeling of same, and much unnecessary and costly litigation will thereby be avoided.

In comparing the provisions of our State food law with those of the National food law, it will be found that there is substantially no difference between our State food law and the National food law, except our State law is extended sufficiently to embrace local conditions and take in the police powers of the State, and it further seems that the National food law meets every reasonable requirement, so far as national supervision of foods, is concerned, and that the incorporation of these national provisions, as is done substantially in our State food law, by the several states of the Union, and the embodying so much therein of the local conditions, each state will have the best food law they can possibly hope for.

This will seem more apparent when we consider that the National government can only legislate in so far as Interstate Commerce is concerned, except in the District of Columbia, the territories, our insular possessions, and also as to foreign commerce they each being matters delegated to the National government and all other matters being reserved by the states.

In comparing the provisions of our State food law with those of the National, we find, in the following seventeen provisions wherein they. are similar, or the reasons set forth why they are not substantially the same thus showing that in all the essential particulars, they are, in substance the same:

First-Sections 1, 2, 3 and 4 of the Illinois food law, provide for the appointment of a commissioner, assistant commissioner, analysts and inspectors, and prescribe the duties of each, the powers of each, and the method of taking and delivering samples by the inspectors.

Second-Section 5 of the State food law is the same as section 1 of the National food law, save in the territory embraced within the provisions— the State law being limited in its application to the State of Illinois, and also that section 5 contains the provision that an article which is intended for shipment to a foreign country may be prepared or packed according to specifications, or direction, of the foreign country to which it is intended to be shipped. This proviso will be found in section 2 of the National food law. Third-Section 3 of the National food law makes provision that the Secretary of the Treasury, the Secretary of Agriculture and the Secretary of Commerce and Labor shall make uniform rules and regulations for the purpose of carrying out the act. This is substantially enacted in section 38 of the Illinois food law, except that the Illinois food law in sections 2, 3 and 4 makes provision for the method of taking samples, and also except in that the National food law limits the samples to be taken from unbroken packages, while the Illinois food law contains no such restriction.