Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-11-18
NOT A SAMPLE SUBMITTED.
The First Years Operations Under the
Adulterated Food Act.

The commissioner Of internal revenue in his
annual report, just submitted to the Secretary
of the Treasury, devotes considerable space to
the subject Of adulteration of food and drugs
with especial reference to the operation Of the
law to prevent the manufacture or sale Of adul-
terated food or drugs in the District
Owing probably to the fact, says the report.
that the appropriation for carrying into effect
the provisions of the act of October H. 1888, en-
titled IAN act to prevent the manufacture or
sale of adulterated food or drugs in the District
of Columbia" did not become available until
after the close of the fiscal year covered by this
report, no samples were submitted to the COM
missioner for analysis as provided by that act.
This Office is of the opinion that the failure
to forward samples OF suspected food Tor
analysis may be ascribed to the apathy of the
general public and that of the health depart
to forward such samples since July /. 1889,
when the appropriation act took effect seems
to favor this view Of the case.
The copies OF European laws furnished here
with and with last years report are deemed
valuable in that they furnish hints for the
preparation of regulations under the existing
law in which this Office is interested. They
also fur nish models for the amendments which
are needed and generally are useful as guides
in future state and federal legislation on
this subject 1t is evident that unity
of action between state and federal author
tiles in the matter must be secured before
the best results can be accomplished. On
the one hand opponents of the passage Of
federal laws on food adulteration have urged
that such laws interfere with the exercise OF the
police powers of the states, and that under the
federal Constitution such powers were not sur
rendered to the United States On the other
hand, certain laws passed by states to prevent
the sale of impure food therein have been
found to be in conflict with the power conferred
by the Constitution on Congiess to regulate
foreign commerce and commerce between the
states; also in violation of the provision forbid
ding state to make or enforce any law which
shall abridge the privileges or immunitles OF
citizens of the United States"
WHAT THE MIcRscopIsr SAYS.
The report of the microscopist repeats what
is said by the commissioner, that during the
year there has not been a single sample sub
mitted for analysis. This Office" the micro
scopist says, "has brought the subject to the at
tenuon oil the Commissioners of the District,
the health department and the local press by
letters and by furnishing them with copies of
the law. regulations and blank forms Of appli-
cation, but has not succeeded in enlisting their
active cooperation"
Continuing, the report says: "That a national
law to regulate the sale Of adulterated articles
OF food is needed in this country, where the
all kinds is carried on more openly and on o
larger scale than in foreign countries, goes
without question, and it il great pity that the
law intended for this capital city should prove
dead letter from the outse. because Of the
lack OF certain administrative features and
clear definitions 1t, therefore, seems desr-
able to have the law amended in these regards
With the experienced gained in en-
forcing a proper food adulteration law
In the District of Columbia the extern
sion OF its provisions to all territory
over which the United States has exclusive
Jurisdiction would readily follow, and finally
1t could be so enlarged as to embrace all adul-
terated articles of food intended for consump-
ton sold in any state or territory other than
where produced. With the cooperation Of the
diffcront state and local authorities a very
thorough supervision over such foods could be
maintained. national law would not apply
to adulterated articles of food manufactured
and sold In the state or territory where pro-
duced unless it should take the form of a
revenue measure. imposing tax on the manu-
facturers OF and dealers in such commodities.