Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-16

ASfeuue bureau mas rendered a decision TO
the effect that the use of preserVatives in
creamery or in renovated butter does not
cause the butter to be classed as adulter-
ated butter subject to tax at the rate of
ID cents pound. The decision Isl given in
the following letter addressed to a Chicago
attorney:
The Commissioners Reply.
Replying to your letter of September
II, referring to recent conference held with
you in this Office concerning the legality
of the use of boron preservative! or other
similar preservative in creamery or reno
waited butter, you are advised that this
office has given very careful consideration
the matter.
Through you and others attention has
been called to the fact that it is a we'll
established custom to use boric preserYa-
tives in butter, both creamery and reno
waited, particularly in butter intended for
export to foreign countries, and thai the
majority of foreign orders absolutely re-
quire the use of a preservative I'M the but
ter The sole question is whether butter
with the addition of preservatiye Should
be ciassed, as adulterated butter and he
come subject to tax at the rate OF 10 cents
per pound.
There can be no doubt that boric
preservative is foreign to butter as de-
fined in section l Of the act OF August ,,
1oSO. lUtS SGCllUH 4 Ol the dCl VI NeS y,
1902, force butter in which preventative
has been placed in the class of dulteratad
butter?
The Law in the Case.
Section reads as follows:
THAT for the purpose of this act "but-
ter is hereby defined to mean an article
of food, as defined in can act defining but
ter also imposing a tax upon and regulat-
ing the manufacture, sale, importation and
expectation of oleomargarine, approved
August =, 1886; that "adulterated butter
is hereby defined to mean a grade Of but
ter produced by mixing, reworking, re-
cfurning in milk or cream, refining, or in
any way producing a uniform, purified or
improved product from different lots or
parcels of melted or unmelted butter or
butter fat, in which any acid alkali, chem
iCal or any substance whatever is intro
duced or used for the purpose or with the
effect of deoderizing or removing there
from rancidity, any butter or butter fat
with which there is mixed any substance
foreign to butter as herein defined, with
intent or effect of cheapening In cost the
product, or any butter in the manufacture
manipulation of which any process or
material is used with intent or! effect of
causing the absorption of abnormal guam
titles of water, milk or cream; that pro
cess butter" or renovated butter is here
by defined to mean butter which has been
subjected to any process by which it is
melted, clarified or refined and made to re-
semble genuine butter, always excepting
"adulterated BUTTER as defined by this
act"
Experiments of the best chemists prove.
first that where a boric preservative is
mixed with butter such addition does not
constitute a material used with intent or
effect of causing the absorption of abb
normal quantities of water, milk or cream
Nor, second, does it constitute "a substance
used with intent or effect of cheapening in
cost the product
Section 4 provides, third, that adulter-
ated butter means a grade of butter pro-
duced by mixing, reworking, rschurning,
in milk or cream, refining or in any way
producing a uniform, purified or improved
product from different lots or parcels of
melted or unmelted butter or butter fat in
which any acid, alkali. chemical any
substance whatever is introduced or used
for the purpose or with the effect of deo-
dorizing or removing therefrom rancidity.'