jointly with the Secretary ot the Treasury and the Secretary of Commerce and 

 Labor, to promulgate rules and regulations for carrying out the provisions of 

 the Act. It was further provided : 



"Sec. 7. That for the purpose of this Act an article shall be deemed to be 

 adulterated * * In the case of food : 



"If it contain any added poisonous or other added deleterious ingredient 

 which may render such article injurious to health : Provided, That when in the 

 preparation of food products for shipment they are preserved by any external 

 application applied in such manner that the preservative is necessarily removed 

 mechanically, or by maceration in water, or otherwise, and directions for the 

 removal of said preservative shall be printed on the covering or the package, 

 the provisions of this Act shall be construed as applying only when said prod- 

 ucts are ready for consumption." 



The Regulations. No special concern on the part of those interested in 

 fruit was felt, as to the effect of the law as expressed 'in the Act. It was not 

 until the "Board of Food and Drug Inspection" suggested, and the Secretary 

 of Agriculture promulgated, on July 13, 1907, "Food Inspection Decision 76. " 

 This decision was deemed drastic in its terms and made a large portion of the 

 fruit dried in, and marketed from this State, contraband under the law. 

 It says: 



"It is provided in Regulation 15 of the rules and regulations for the 

 enforcement of the Food and Drugs. Act, that the Secretary of Agriculture 

 shall determine by chemical or other examinations those substances which are 

 permitted or inhibited in food products ; that he shall determine from time to 

 time the principles which shall guide the use of colors, preservatives, and other 

 substances added to foods; and that when these findings and determinations 

 of the Secretary of Agriculture are approved by the Secretary of the Treasury 

 and the Secretary of Commerce and Labor, the principles so established shall 

 become a part of the rules and regulations for the enforcement of the Food and 

 Drugs Act. 



"The law provides that no food or food product intended for interstate 

 commerce, nor any food or food product manufactured or sold in the District 

 of Columbia or in any Territory of the United States, or for foreign commerce, 

 except as hereinafter provided, shall contain substances which lessen the whole- 

 someness or which add any deleterious properties thereto. It has been deter- 

 mined that no drug, chemical, or harmful or deleterious dye or preservative 

 may be used. Common salt, sugar, wood smoke, potable distilled liquors, 

 vinegar, and condiments may be used. Pending further investigation, the use 

 of saltpeter is allowed. ' ' 



"Pending the investigation of the conditions attending processes of manu- 

 facture, and the effect upon health, of the combinations mentioned in this 

 paragraph, the Department of Agriculture will institute no prosecution in the 

 case of the application of fumes of burning sulphur (sulphur dioxid), as 

 usually employed in the manufacture of those foods and food products which 

 contain acetaldehyde, sugars, etc., with which sulphurous acid may combine, if 

 the total amount of sulphur dioxid in the finished product does not exceed 350 

 milligrams per liter in wines, or 350 milligrams per kilogram in other food 

 products, of which not over 70 milligrams is in a free state." 



The label of each package of sulphurated foods, or of foods containing 

 sodium benzoate or benzoic acid, shall bear a statement that the food is pre- 

 served with sulphur dioxid, or with sodium benzoate, or benzoic acid, as the 

 case may be, and the label must not bear a serial number assigned to any guar- 



