Rocky Ford enterprise., 1899-06-08
statu. of Ant,-color,ne Lss,.,.t,on.

Status of Anti-Coloring Legislation.
Elliot o. Grosvenor. Dairy and Food
Commissioner Of Michigan, says:
The Introduction and development
In this country Of an artificial substi-
tute for butter. manufactured in imi-
tation thereof. now designated by the
United States government as oleomar-
garine. brought about the adoption by
the different states of those various
statutory regulations now commonly
known as oleomargarine laws. The
Justification for tho enactment OF these
laws rested on the general ground that
oleomargarine, a much cheaper article
than butter, was manufactured In imi-
tation thereof. placed on the market
and sold to large extent as and at the
price Of pure butter. The object OF
this legislation was to protect the pub
lie from such fraud and deception by
compelling those dealing in the article
to in some way designate its real char
acter. that the public might distinguish
the imitation from the genuine.
The first attempts to regulate the
sale Of imitation butter by legislation
are found in various state enactments
requiring all oleomargarire to be prop
erly labeled and prohibiting its sale as
butter. Experience clearly demon
strated in all states where such legis-
lation was had that the trainers thereof
did not foresee their weakness. nor
comprehend with what ease fraud ana
deception undiscovered could be car
ried on under their provisions. Through
the medium OF an added artificial COL
oring matter oleomargarine was maze
to resemble the most costly article
known as dairy butter, and dishonest
dealers, by the exercise of little eau
ton. found no difficulty In palming on
the imitation for the genuine. selecting
only the unwary or the ignorant as the
victims Of their fraud. Tactics were
adopted similar to the methods en-
ployed by those who sell intoxicating
liquors illegally. Evidences OF sales
were difficult and expensive to secure,
and no state for any length Of time
could furnish the means and officials
necessary for the laws proper enforce
ment. No protection was given by this
class of legislation to n large per cent
OF the consumers-namely,t those who
ultimately received the imitation on
the tables OF hotels. boarding houses
and restaurants under the name and
designation Of butter. The inefilciency
Of these laws in protecting the people
from imposition emphasized the neces-
sity for the enactment OF more effective
legislation to control the manufacture
and sale OF imitation butter. Twenty
Eve states Of the Union forbid coloring
oleomargarine to initiate butter, one
state absolutely prohibited Its sale.
four states required oleomargarine to
be colored bright pink and one state
imposed n tax Of 10 cents per pound on
its sale.
Tho anti-color regulation has proven
to be the most appropriate and effect
i've system OF oleomargarine legisla-
tion. and probably represents the max
imum Of constitutional legislation In
the direction Of regulating the manu-
facture and sale OF imitation butter.
Its constitutionality has b:cn attacked
on the ground that It is violation Of
the commerce clause of the United
States constitution and is in excess. Of
the police power Of the state. but not
withstanding the powerful and per-
sistent opposition made to its enforce
ment, no court-state or federal-has
yet declared any anti-color statute void
or unconstitutional, except in the case
of our own state. where the act was
rendered invalid by Irregularities in Its
passage. The popularity OF this law is
evidenced by the fact that its principle
has been adopted and is now in force
in the states OF Alabama, California,
Colorado. Connecticut, Delaware, Geor-
gia, Illinois, Iowa, Kentucky. Maine,
Maryland. Massachusetts,. Missouri.
Nebraska. New Hampshire, New Jer-
sey, New York, North Dakota, Ohio.
South Carolina. Tennessee. Utah, Vir-
ginia, Washington. Wisconsin.
Many OF the courts Of last resort of
these states have passed on the validity
of the local enactment. in every case
affirming the right of the legislature to
prohibit the coloring OF o!eomargarine
in imitation of butter.
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