298 
Third. The bacteriological examination of cream and ice cream in 
the District of Columbia shows that much of it contains a number of 
bacteria which is far in excess of that which should be found in pure 
uncontaminated fresh materials. This enormous bacterial flora is 
due to two causes, namely, insanitary conditions of the dairy and 
factory, and long keeping of the product. From this point of view, 
therefore, a very large percentage of both cream and ice cream sold 
in the District of Columbia is highly objectionable. 
In regard to its content of butter fat the ice cream sold in the 
District of Columbia over the period of time mentioned is fairly 
satisfactory. A very large percentage of all the samples contained 
more than the 14 per cent of butter fat required for the vanilla type 
of ice cream and more than 12 per cent of the butter fat required for 
the fruit type. The establishment of these standards is not sub- 
versive to commercial conditions as they existed at the time examina- 
tions were made. These standards will, therefore, be regarded not 
only as reasonable, but as commercially practicable. 
Fourth. The use of thickeners in the production of ice cream in 
the District of Columbia does not appear to be generally practiced. 
There are many objections to the use of thickeners, the chief of 
which is that it enables an ice cream to be kept a longer period than 
it should be. A confection of the character of ice cream is intended 
for immediate consumption and not for cold storage or long keeping. 
The ice cream industry is essentially a local industry throughout the 
country and there is no commercial necessity of transporting ice 
cream for long distances nor of storing it on board ship, or in other 
localities for a great length of time. The sooner ice cream can be 
consumed after it is made the better. Another objection to the 
thickener is that it aids in the expansion of the volume of cream 
to proportions entirely beyond the actual amount of nourishment 
represented; so that, as has been shown in the evidence, from one 
quart of material two quarts of the product may be produced. Inas- 
much as ice cream is sold quite exclusively by volume and not by 
weight, this expansion can only be regarded as a deception practiced 
upon the consumer. The use of thickeners of any kind in the manu- 
facture of ice cream is not a commercial necessity. When used the 
thickener should be wholesome and unobjectionable from a food 
point of view, and the fact that it has been employed should be 
plainly stated on the label. 
Fifth. The manufacture of frozen dainties containing more or less 
cream is a legitimate industry, provided all the materials used are 
pure and wholesome and no false name or appellation is given to the 
product. A great many products which have been made and sold as 
ice cream belong to this category. Inasmuch as ice cream is pre- 
scribed frequently by physicians for invalids and convalescents, and 
inasmuch as it is largely eaten by children and others whose stomachs 
