66 Seventeenth Annual Report of the 



It "will be noted from the above statement that the distinction 

 between the two classes of oleomargarine is determined by the 

 presence of any artificial coloring matter. Taking this as a stan- 

 dard, the impression has been Lefl that oleomargarine can be sold 

 if it does not contain artificial coloring matter. The manufac- 

 turers of this commodity with an ingenuity which is worthy of 

 respect, when properly used, and one induced entirely by greed, 

 have succeeded in producing a commodity that resembles butter 

 in color, but receives that shade from the ingredients of which it 

 is made, which they are pleased to call its "natural ingredients." 

 Four attention at this point is respectfully called to the fact that 

 that claim puts its claimants in the phenomenal attitude of claim- 

 ing (lie existence of a natural ingredient in an artificial product, 

 that is, an ingredient that is natural to an artificially constructed 

 product. 



The above representations have induced many upright dealers 

 in the state of New York, who have no desire to violate statutes, 

 to enter into the traffic in this commodity in good faith. 



In enforcing this feature of the Agricultural Law, the agents 

 of this department have persistently taken samples wherever the 

 commodity was found manufactured in such form as to resemble 

 butter in color. The goods have been analyzed and when the 

 results determined that it was oleomargarine, the case has been 

 dnly referred to the Attorney-General. There have been during 

 the year 234 such cases so referred. They are now in different 

 stages of progress within the courts. None of them has come to 

 a final issue in the court of last resort. The defendant's theory 

 of his rights is based upon the claim that, so long as there is no 

 artificial coloring matter in the product, its sale is not prohibited 

 by statute, or if it is construed to so prohibit, that such prohibi- 

 I ion is unconsl itutional. 



As to the other kind of oleomargarine, the sale of which is 

 regulated as above set forth, its sale is mostly made in accord- 

 ance willi the provisions of (he statute, namely, in quantities 

 not to exceed 5 pounds and is wrapped and sealed as required. 

 There are :i few occasional instances in which this law is vio- 

 lated and in such instances, when discovered, cases have been 

 made and placed before the Attorney-General for his consideration. 



