New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-29
ICE CREAM MEN WORRY
HIT BY PURE FOOD Law.
Sag Then Cannot Put IA Per Cent
1f;Ik Fat IN Product.

cooler There are two laws on the SAFE Oh '0o
cream. state and federal. The former provinces
that II shall be pure. but says nothing ABOUT
the richness, while the latter says II SNAIL NC
pure and shall also contain at least IN per ce"'
Of butter fat. 1t is said by all the big dealers
that Il would be absolutely impossible TO make
the ice cream come up TO this standard ana
keep II the popular dish il now is
Fortunately however, for the manufacturers
and possibly the people-in this city, the fed
eral law has nothing to do with the ice cream
sold here. unless 1t is made in Hoboken or some
other foreign country other state and i'm
ported. The act has to do only with ice cream
handled in interstate commerce. II would be
unlawful for man to go out in a boat and
make ice cream three feet west Of the middle
OF the North River that contained less than IA
per cent Of milk fat, and then sell 1t in this
city. But he could make two strokes with his
oars and be within the law If he made it out
OF axle grease. sand and coal tar extract
The amount of ice cream made outside and
sold hera in this state is so small that the fed
eral law could not possibly have any effect
the trade here. But some of the smaller dealers
nervous. They have seen the ruling of the
pure food commission and do not understand
that it does not concern them unless they ship
their product outside of the state
The big dealers, such Horton and Reid, do
a large business in New Jersey and Connecticut.
This will probably be cut off unless the ruling
of the food commission is changed. either by
the commission itself or by court decision II
the companies make ice cream under the pres
ent Interpretation of the law to be sold in
Jersey. IT will have TO be made much richer
in butter fat that IT will be impossible to COM
pete with local factories over which the act and
the rulings of the pure food commission have no
control.
The ice cream manufacturers here say they
do not know where they stand. The pure food
commission. composed OF DR.. Wiley, James L.
Gerry and S n. D. North, made the ruling de-
hning the various kinds OF ice cream, thus
Ice creanl-A frozen product Of cream and
sugar. with or without favoring containing not
less than II per cent of milk fat Clutter fat.
Fruit ice cream-A frozen product of cream
and milk and sound clean, mature fruit, con-
tanning u per cent OF milk fat.
Nut ice cream must contain the same amount
OF butter fat as does the fruit variety.
JERSEY TRADE SHUT OFF?
Now. while the big ice cream companies say
that most OF their business is confined to this
city. they admit that If these regulations were
put in force they would lose a great deal OF
trade in New Jersey and Connecticut It is esti-
mated from figures furnished by the Horton and
Reid companies that from $4,000 to 81. 100000
business. and possibly more would be lost by
the enforcement of the regulations Of the Depart
ment Of Agriculture they appeared in Circu-
lar 10, issued from the Secretary's office.
The Reid ice cream company made effort
yesterday TO conceal the fact that its product
did not contain "A per cent Of butter fat.
Our ice cream contains about 8 per cent OF
milk fat" said a representative OF the company
I'VE could not make II contain IA per cent with
out making it almost unpalatable Such an in
IN rhe rs7f Of al,,,aS
double the price of the product. It would
tainly be hardship on that portion of the pub
lie that depends upon zee cream as its principal
relief during hot weather. Ice cream at % cents
a plate would not be serious thing in Cen
trail Park West # would be In Avenue A, but
] venture to say that there few persons who
would not object TO the increase in price which
The II per imposition would cause.
zone cannot obey two laws any more than he
can obey two masters, and while I know the
pure food regulation has jurisdiction as to
the cream sell here in the city, II makes US
feel a little queer 10 know that the supposedly
highest authority on the food question has said
that ice cream shall be Of richness that no
one would want 20 eat and no one could make
IL at profit / suppose that constructively.
every one who makes ice cream under the state
law, which says nothing about the richness is
violating the federal regulations. After all, the
ice cream is its regulation How long
would the public buy crystallized SKINNED milk
and lard? Our factory is always open to inspec-
tion and any how we make ice
cream and what we put in it. but TO say that we
have got TO make it contain Il per cent butter
fat is absurd"
OTHERS ALSO OBJECT.
Representatives of several small companies
were equally in earnest in their condemnat ton of
the proposed regulation. 1t was said that the
Department OF Agriculture had not taken I'D
the question of ice cream in earnest yet beyond
the Circular 10 regulation. The IA per cent
clause had caused so much complaint from the
ice cream manufacturers that another hearing
had been promised for March This had not
been called. ii was said, and the ice cream men
were anxiously awaiting 10 have date set:
No at the Office of the Horton company
would discuss the law the quality of the COM
pany's product.
The big manufacturers of the stenogra pliers
JOY are careful TO keep its richness up to a GER
tain standard as they say this was the onIv
safe way TO keep trade But small dealers often
descend TO INSCRIPTIONS and even dangerous
practices
Many manufacturers on the East Side whose
product scarcely ever goes beyond their own
block. make ice cream out of SKINNED milk pun,
tragacanth and lard. Cocoa butter is also used
In imitation OF milk fat This composition how
ever. is not actually harmful II is said AS
Health Commissioner Darlington said yester-
day, the only question in the case of a harmless
substitution whether the people were get
ting their moneys worth
DR.. Doolittle, who has charge of the enforce
ment Of the pure food law in this CITY, was at a
loss 10 tell just What would be done In regard
TO ice cream. He had done nothing so far, he