The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-01-23
Dealers in Neomargarine Notified
That 1t Must Not Be CoIored
TO Look Like Butter
TO PROSECUTE W0LAT0Rs
Every Dealer in the City Receives a
Warning From State Dairy and
Food Commission in Regard
to the Recent Decision

in the city, which includes nearly every
grocer and market man in the city, re
ceived communication from John @.
Emery, Dairy and Food Commissioner
Of Wisconsin this morning, warning
them against the sale of oleomargarine
that had been colored to resemble but
ter and Notwithstanding lie recent de-
cision of the supreme cou- of the state
! it, is declared by the department that
prosecutions will follow any infringe
ment Of the old rule in regard to the
sale Of the imitation butter. The letter
from the commissioner is as follows:
January IA, 1908.
| Dear Sir:-Under date of November
Is, 1907, [ issued a circular letter as
follows:
"My information is that you have
United States license for the retail
sale of oleomargarine. This is to call
your attention to the provisions Of the
State Law relative to the sale of the
product. Sec. 4607c of the Wis statutes
Of 1898, as amended by CHIP, ISL, laws
Of 1901, has the following provisions:
Any person who shall, by himself,
| his agent or servant, render or manufac-
ture, sell or solicit or accept orders for,
ship, consign, offer or expose for sale
or have in possession, with intent to
sell, any article product or compound
made wholly or partly out of any fat
oil or oleaginous substance or compound
thereof, not produced from unadulter
ated milk or cream from the same, and
without the admixture or addition of
any fat foreign to said milk or cream,
which shall be in limitation of yellow
butter produced from such milk or
cream with or without coloring matter,
shall for the first offense be punished
by fine Of not more than five hundred
dollars, nor less than fifty dollars, and
for each subsequent offense, by i'm
prisonment in the county jail not to
exceed sixty days nor less than ten
days, or by fine Of not more than five
hundred dollars nor less than one humid
red dollars, or by both such fine and
Imprisonment. Nothing in this section
shall be considered to prohibit the man
ufacture or sale of oleomargarine in
a separate and distinct form and in
such manner as will advise the con
sumer of it's real character, and free
from celebration or ingredient that
/ causes it to look like butter. -
Since the date Of that circular the
supreme court of Wisconsin has handed
down decision in the oleomargarine
case then pending in that court. While
certain testimony and certain rulings
Of the judge in the trial court are
overruled by the supreme c. lrt and
the case is remanded for new trial, that
decision Of the supreme court is sub
stantially confirmation of the dairy
and food commissioner S Interpretation
OF the oleomargarine law of Wisconsin.
The supreme court holds that the Wis
consln law prohibits the sale Of oleo-
margarine which is in imitation of vel
low butter and that the selling of
oleomargarlne that is in resemblance to
yellow butter constitutes prima facia
case.
In view of the decision Of the sup
RENE court OF Wisconsin, it is plain
that anyone who sells in Wisconsin
oleomargarine that is in resemblance
to yellow butter is amendable to pro
secution and that it is the official duty
of the dairy and food commissioner to
bring prosecution against such person.
Respectfully yours,
| ]. @. Emery,
Dairy and Food Comsr.