106 ANNUAL REPORT OF THE Off. Doc. 



TESTING THE NEW PURE FOOD LAW. 



With the advent of new pure food laws, there is an inevitable tendency on 

 the part of those adversely affected to contest and delay any prosecution that 

 may be brought under its provisions. The work of the past few months merely 

 confirms past experiences, and in consequence several important test cases are 

 now pending in the courts to ascertain the true status and constitutionality of 

 the new act. 



As has already been stated under the new pure food act all prosecutions con- 

 sist of a civil action to recover the nominal fine of $60 and costs, while under the 

 former act, which was repealed, the defendants were arrested upon a criminal 

 charge. 



ADDITIONAL LEGISLATION NEEDED. 



The past year's experience demonstrates the absolute necessity of securing ad- 

 ditional legislation relating to the pure food laws of Pennsylvania. These pro- 

 posed laws and such other changes as may be deemed necessary in order to 

 make food legislation still more effective, will be formulated and presented for 

 the legislative action at the proper time. 



The Executive Committee of the Ice Cream Manufacturers' Association of 

 Pennsylvania 'will co-operate with the Dairy and Food Division in preparing 

 a suitable act of Assembly regulating the sanitary condition of ice cream fac- 

 tories, as well as all appliances, including cans, materials, etc., connected 

 with the production of ice cream. The leading manufacturers are already pro- 

 ducing their product under greatly improved sanitary conditions, and these 

 parties are anxious that all factories and dealers shall be placed upon the same 

 high level and thus assist in not only protecting the public health, but in up- 

 building this growing and important industry tlirough the medium of better 

 goods. 



The same comm.ittee will prepare an act fixing a certain standard for ice 

 cream and plainly designating what it shall consist of. This step is also regard- 

 ed with favor. While the right to manufacture imitation ice cream m.ay be 

 conceded, the right to sell it as a substitute for the genuine article is not 

 conceded by the Department, and should be everywhere denied. 



The extensive traffic in cold storage eggs has also led to trade evils and 

 abuses that should not \)s tolerated. An act will be presented intended to reg- 

 ulate the sale of both storage eggs and poultry. The complaints received at 

 the Department make this step a necessary one. 



While the officials have no desire to interfere with any legitimate business, 

 the public are entitled to protection against the impositions practiced by the 

 less scrupulous dealers. 



It is an alisolute necessity that an act regulating tlie manufacture and sale 

 of all kinds of non-alcoholic drinks should be introduced and passed during the 

 coming session of the Legislature. The analytical examinations and reports 

 made during the past year revealed more fully than words the harmfulness 

 and worthlessness of many of the so-called "soft drinks" that are being sold 

 so freely and generally throughout the State. It is a matter of special regret 

 that innocent children are among the largest and best patrons of such harmful 

 articles of drink. 



That an act to regulate the manufacture and sale of all kinds of alcoholic 

 drinks is needed needs no special comments. The experience of the Depart- 

 ment several years ago forms its own commentary. The wholesale drugging 

 of liquor has no doubt been resumed since the courts decreed that the Dairy 

 and Food Commissioner had no special authority over the sale of adulterated 

 articles of drinls. 



The Dairy and Food Commissioner has presented a formidable array of facts 

 in connection >\ Uh tli" dangerous ingredients and qualities of many of the so- 

 called "soft drinks" to 5-feow the need for a law that would provide prompt and 

 severe punishment for those who w^ould poison the human system or assist in 

 shortening life. Many of the samples secured and analyzed contained harmful 

 acids that were positively inexcusable and a menace to the consumer. 



It is also an indisputable fact that a large pi'oportion of the alcoholic liquor 

 that is being sold by dealers or dispensed over the bar is badly adulterated. 

 While the Federal law mny have acted as a retardant in a limited degree, the 

 need for State supervision is none the less rigid. The legitimate liquor dealer 

 will heartily sanction conservative and proper legislation that will aid in driv- 

 ing fr.inV the market adulterated and unwholesome articles of drink of whatso- 

 ever kinds or brands. 



An act to regulate the sale of milk and cream, as has been repeatedly proven, 

 is also needed and recommended. The Commissioner believes that a standard 

 for butter-fat in cream should be established by law. and that this standard 

 Fh'^u-d h(> fiypd nt fi.^'hteen ns) per cent. The act should prohibit the sale f'f 

 any milk containing any added water or milk from which any portion of the 

 butter-fat has been abstracted. 



