Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-07-24
PURE FOOD LAWS.
Paper read before the Iowa State Bar
Association at Davenport, July
IL, 1907, BY Byron
w. Newberry.

Grated foods has long Eeen ccnsid
cred otfenses against public nealth
Blackstone, in his enumeration O
private wrongs, says:-"I Injuries af
fecting mans health are, wher
by unwholesome practice of another
man sustains apparent damage il
his vigor or constitution, as by sell
ing him bad provisions and wine
by the exercise of a niesome trad,
which affects the air in the peieh
borhood; or by neglect or unskillfu
management of his physician, sur
geon or apothecary" Blackstone,
Commentaries, III 122.
The sale Of corrupt wine, con
tagious or unwholesome flesh, O.
flesh that is brought of a Jew, o,
the brewing or adulteration of win.
are offenses specified in Blackston,
in respect to public heath. Black
stone Com. ~ 1862.
To give any person injurious fooc
to eat, whether the offense be exc
cuted by malice or a desire for gain
or mixing anything in the food made
and supplied for human consump
ton, which would be unwholesome
or deleterious to health, or knowing.
ly permitting servants to mix un.
wholesome ingredients in food, or tc
expose in the public market any ar.
ticle intended for human food O,
drink, knowing the same to be unfit
for the purpose intended, were of.
lenses at common law.
The necessity tor pure food legis.
lation is generally recognized. Fo,
more than twenty years prior to the
enactment of the national food and
drug act Of June 3Oth, 1906, meas.
ures pertaining to the adulteration
and misbranding Of foods were
pending in Congress. Iowa has
been somewhat dilatory in adopting
pure food legislation, but the act Of
February 26th, 1906, passed by the
thirty first general assembly, sup
plemented by the measures enacted
by the thirty-second general as
sembly, places Iowa in the forefront
for desirable and effective pure food
legislation. The national law and
the state law are drawn on= similar
lines and the definitions are sub
alike.
SCOPE.
The essence of the law is to pre-
vent the adultsration and mis-
branding of foods and drugs,
The definition of food as used in
the law.includes all articles used fo,
food, dfihska. feconfectio ioneiy orscondiS
ment by man or other animals,
whether simple,>mixed or compound.
Under both the national and state
law an article Of food is deemed to
be adulterated,
lst:-If any substance has been
mixed and packed with it SO as to
reduce or lower or injuriously effect
it's quality or strength. = ?
2nd:-lf any substance has been
substituted wholly or in part for the
article.
3rd: If any valuable constituent
of the article has been wholly or in
part abstracted.
4th:- If it be mixed, colored
powdered, coated or stained in q
manner whereby damage or inferi.
ority is concealed.
5th.-If it contains any added de.
leterious ingredient which may rem.
der such article injurious to health
6th:-If it consist in whole or in
part of u filthy, decomposed or pu.
trid animal or vegetable substance,
or any portion of an animal unfit for
food whether manufactured or not,
or if it is the product Of diseased
animal or one that has dies other
wise than by slaughter.
The definition of drug, as used in
both the national and state law, in.
cludes "all medicines and prepara-
tions recognized in the United
States Pharmacopoeia or National
Formulary for internal or external
use and any substance or mixture
intended to be used. for the cure,
mitigation or prevention of diseases
Of man or other animals"
And drugs are deemed to be adul-
terated,
lst:-If when adrug is sold under
or by a name recognized in the
United States Pharmacopoeia or
National Formulary, it differs from
the standard of strength or purity
as determined by the test laid down
in the United States Pharmacopoeia
or National Formulary official at the
time of investigation, provided that
no drug so defined shall be deemed
to be adulterated if the strength,
quality or purity be plainly stated
upon the bottle, box or containel
thereof, although the standard may
differ from the test laid down in the
United States Pharmacopoeia OF
National Formulary.
2nd:-If its strength or purity
fall below the professed standard o.
quality under which it is sold.
The term "misbranded" in the
meaning of the law, applies to all
articles Of food or articles which en-.
ter into the composition of food and
to all drugs the package or label Of
which shall bear any statement, de
sign or device regarding such ar
ticle or the ingredients or substances
contained therein which shall be falls,
or misleading in any particulay and
to any food or drug product which
is falsely branded as to the state
territory or country in which it il
manufactured or produced.
The national law includes in on,
act, provisions both as to articles o
food and drugs. The enforcement
of tho low SC ,,looad ,y;tb tbo Coo,,