ILLINOIS STATE DAIRYMEN'S ASSOCIATION. 293 



"If it (oleomargarine) possesses the merit claimed for it, and is in- 

 nocuous, those making and dealirg in it should be protected in the enjoy- 

 ment of liberty in those respects, but they may, legally be required to 

 sell it for what it actually is, and upon its own merits, and are not en- 

 title.! to die benefit of any additional market value which may be impart- 

 ed to it by resorting to 'artificial' means to make 11 resemble dairy butter 

 in appearance." 



The Supreme Court of New Jersey, in Waterbury vs. Newton, based 

 its support of the anti-color law of that state upon the ground that "an- 

 -nato*' was used, and said: 



"It is not pretended that 'annato' has any other function in the man- 

 ufacture of oleomargarine than to make it a counterfeit of butter." 



Thus it will be seen that up to this time the entire support of our state 

 anti-color laws were decisions striking at 'artificial" coloring, which in 

 the new law is taxed 10c per pound. Anything that can go out at %c tax 

 as uncolored oleomargarine can be sold in New York or any other state le- 

 gally so far as their laws have ever been upheld. And the oleomargarine 

 makers have never yet been able to produce anything yellow enough to 

 resemble yellow butter without the use of "artificial" coloring matter. 



Even annato was not strong enough for their purposes; the necessi- 

 ties of oleomargarine brought into use the stronger mineral of analine 

 color now generally employed in t utter as well as oleomargarine. 

 USE OF BUTTER OF YELLOW COLOR NEITHER PRACTICAL NOR 

 PERMISSIBLE. 



Grass butter is the only fat 'hat possesses the "butter yellow" color, 

 without the addition of artificial coloration. The use of this natural 

 colored butter in oleomargarine might not be held to be "artificial color- 

 ation; " but even if it were practical to secure natural colored yellow butter 

 in winter, when three-fourths of the oleomargarine made is consumed, 

 such a mixture is just as expensive under the new law as that ••artificially 

 colored." 



The new oleomargarine law makes mixtures of butter in which are 

 nssd substances other than salt, color and preservatives, "adulterated 

 "butter," upon which there is a tax of 10c per pound. The definition of 

 adulterated butter in Section 4 contains the following: 



"Adulterated butter is hereby defined tc mean * * * any butter 

 or butterfat with which there is mixed any substance foreign to butter as 

 herein defined, with intent or effect of cheapening in cost the product." 



Prior to the enactment of this law such a mixture would have been 



