The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-04
FOOD LANV VALID
As / TO BRAN B |: | n TAX.
Attorneys General Gives Opinion
on Point Raised by Dealers
and Producers.
ACT is ALSO BLIGAToRY.
Special Inspection Fee of15 Cents
Must Be Paid as Statute
Provided.

In an opinion given yesterday by At.
torney- General William "A. And erson. "a
Dairy and Food Commissioner william
D. Saunders. tho act passed by the last
Legislature providing for tax on
certain animal foods Is held to be valid
and obligatory
The question was raised by millers
IN the state as to whether the tax OF
s cents q ton on animal food stuff
should apply to wheat bran wien used
as commercial feed stuff, wheat bran
having been heretofore regarded as a
waste or by-product OF Touring mills.
Clearly Stated In Act.
Major Anderson says. in his opinion,
that according to popular usage. wheat
bran and other mill offal would doubt
less not be regarded as concentrated
ccmme rcfals feeding stuffs," and but for
the fact that the General Assembly has
in this act expressly given most CON-
prehensive definition to those terms he
would not consider that they ought to
be construed to embrace bran Or other
mill offal.
The act OF the Legislature under
which the office OF the Dairy and Food
Commissioner was established, found
In Section 15, Chapter 1ss OF the Acts
of 1908. after enumerating various kinds
of feeding stuffs, grain. mixtures, pat
ented and proprietary stock foods.
claimed to possess nutritive properties.
adds: And alt other materials intend
ed for feeding to domestic animals. Z
The Attorney General holds that bran
is unquestionably material intended
for feeding to domestic animals" al
though not enumerated specifically in
the statute as such. and is subject to
the tax OF ,5 cents ton. The opinion
cites at length the position taken by
other States In regard to bran, Con-
necticut. Kentucky and Ohio specificai-
~ excepting 1t from the operation OF
the pure food law.
Nature Of Inspection Fec.
In his opinion the Attorney General
continues:
ait has becn suEgested TINT the pur-
pose of tic Legislature wn. only to
impo.e thia Inspection fee upon adult
tcratcd foods. The net will not sustain
my such theory. The IL cents ton
is In the nature of lic~nse or inspec-
ton fee, and attaches only to pure
feeding stMffs. 1t WINS designed to
provide fund to pny the cxpcnscA of
operating the department of the Dairy
md Food Commissioners. which WINS
created for the purpose of protecting
the people of the State ngainst adult
ternted foods.
at cannot be that the General As
.cmbly Intended TO license the sale of
foods by this net, when
the sale OF any ndulternted foods Is
made cr4 me by other statutes of the.
Commonwealth. Hut the Language of
the act negatives the idea that II was
ever intended to license the sale Iof
foods, or to sanction tlieir
snlc by impeding an Inspection fee
thereon. Adultcrnted foods are re-
CURED to he confiscnted, and those who
sell them are punished."
Altar reviewing the situation at
length. Major Anderson concludes that
no officer in Virginia is. clothed with
any authority to suspend the operation
OF statute, still less can the officer
who is charged with the execution Of
the statute refuse or fall to carry out
its provisions. because 1t may be con-
sidered by others or by himself to be
or even oppressive, In Its