Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-06-09

amended bill filed by the packers is
sufficient ground for setting aside the
ruling OF the health board against the
use of benzoate. The packers assert
| that their annual output is valued at
s2,000.000 and that $4,000 worth of
those products are sold annually in
Indiana. They charge that from
time immemorial it has been neces-
| sary to pack tomato catsup and sweet
pickles with some kind of preservative
in order to keep the same from spoil
ing, and especially after they are
opened and while in process of con-
sumption
| They allege, further, that the APP
| proximate value of the canned goods
| prepared annually with benzoate of
soda is 100000 900. They insist that
unless they can continue the use of
benzoate of soda in preparation of
| food and vegetable products, their
| business devoted to the manufacture
of tomato catsup and sweet pickles
| will be destroyed. The packers al
! lege that the section of the pure
food law under which the health
| board is unconstitutional, because it
is in violation OF the fourteenth
amendment of the federal constitution
in that it attempts to deprive com
plainants of property and property
rights without due process of law and
withut compensation. They also
charge that the law is in conflict with
the state constitution
The state had filed strong answer,
setting up its defence of the pure
food law and the health boards rul-
ing against benzoate Of soda. The
answer contains the following charge.
These defendants further answer
ing say they deny that benzoatet of
soda is not and can not be used to
conceal inferiority or insanitary con-
ditions in food products: that benzo-
ate of soda is a chemical preparation
which is used to retard or delay de-
composition or fermentation of food
products, including tomato catsup,
pickles, and apple butter; that it is
entirely possible to prepare a thin,
watery tomato catsup containing
comparatively small amount of to-
mato pulp with the addition of ben
zoate of soda in the amount men
toned in the compliments bill, that
will keep during the time neces-
sary for it's sale and consumption, by
reason of the said benzoate of soda;
hot sat 70, fa
pared would not keep without fermen-
tation or decomposition unless said
benzoate of soda were not added
thereto: that the use of benzoate of
soda in tomato catsup, pickles, apple
butter, and other food products, en-
courages the use of poor and unfit
raw materials, waste products unfit
for food, and the maintenance of in
sanitary premises and careleseness in
the handling and manufacture of food
products in this, that the use of said
benzoate of soda retards decomposi-
ton and fermentation, and the add.
ton of benzoate of soda to said food
products, and especially to tomato
catsup, allows the refuse and skins
from tomatoes to accumulate through
a whole or portion of the canning
season, and such refuse and skins
to be stored in large watts, and then
said refuse and skins to be worked
into watery catsup: that benzoate of
soda is commonly and ordinarily used
by packers and manufacturers of to-
10 r. &c,
more commonly and ordinarily used
where insanitary conditions prevail
in the manufacture of said food pro-
ducts, and that the use of benzoate
of soda does retard decomposition
and fermentation in tomato catsup
and said food products, and that
benzoate of soda is largely used by
manufacturers and packers of tomato
catsup in their products where, by
reason of the method and manner in
which they are packed, and by reason
of the character of said products be-
ing waste, refuse. skins, ETC., they
are liable to readily decay. decom-
pose, or rot"
The Indiana Law.
The state has not admitted at any
time that the use of benzoate of soda
is not and cannot be harmful, and
that it is not used to conceal infer
iority in materials and methods of
packing. In this answer, the state
sets forth the sections of the pure
food law under which the health
board and the chemist are seeking to
debar canned products containing
benzoate. The pure food law was
passed in 1907, and became effective
in March that year.
Use of Benzoate.
The state denies that benzoate of
soda has any quality which entities
| it to place az a food product 1t
alleges that it is drug and medi-
| zine and that tomatO catSun and