Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-09
MAY PUT COLOR
IN NEAR-BUTTER
ATTORNEY General Expresses What
He Thinks Legislators
Intended in Law.
STATUTE LEFT SOME DOUBT
,n,nion States That Law Most Likely
Referred to Artificial Ingredients
And Not Highly Colorcd Butter.

The encouragement has submitted
to state Food and Dairy Commissioner
Hansen his Interpretation of the section
of the pure food law in relation to the
manufacture and sale of oleomargar-
inc In his letter, Atty.-Gen. Barnes
says:
/ am In receipt Of your favor OF the
7th inst, with enclosure: letter ad-
dressed to you under date of Feb. l,
from w. +. Jensen, president Jensen
Creamery company. and copy OF re-
ports made by Herman Harms, state
chemist on three samples of oleomar-
garine-
The criticism made by Mr.. Jensen is
that this oleomargarine Is colored "by
mixing with the oleo oil and cottonsecd
oil. certain per cent OF June storage
butter which has a natural grass color,
and gives tho mixture quite a color"
and his contention is that this is a vlo-
lation OF that provision found in section
74sx7, c. L. Utah, 1907. which reads sLs
follows:
Provided, that nothing in this title
shall be construed to prohibit the
manufacture or sale of oleomargerlne
in a. separate and distinct form. and in
such a manner as Will advise the con-
sumer OF It's real character. but II must
be free from coloration or ingredients
that cause Il to look like butter. AMI
free from any word, brand or marking,
either upon the package or upon any
wrapper OF upon the contents of same,
which would in any wise tend to de-
ceiye the purchaser or consumer"
The words which are underlined are
those which Mr.. Jensen has particularly
called attention to.
1t appears from the analysis made by
the state chemist of olcomargarinc
manufactured by three different con-
Germs. and which oleomargarine is now
being sold in this state. that In ITO
Instance is there any artificial coloring
used; that the color of the oleomar-
garine is light yellow In one instance,
and pale yellow in the other two in
stances.
BY a statement made to you by the
state chemist 1t appears that certain
degree of color may be Impaired 10
oIeomargarine without adding artificial
color either by adding. first, very rich
colored natural butter; second, fat or
tallow of Jersey cattle; third. rich COL
ored cottonseed oil.
You state in your letter to me. In
mart as follows: "All the oleomargarine
on our market is stamped with the fol-
by the U. S department Of agricul-
ture.' When / have found oleomargarine
or other goods with the above stamp,
have always held that 1t could safely
be passed in this state under title lS,
Par. 7S3 C. l. of Utah, 1907"
You further state; 1T Is true that
some of the oleomargarine on our
market has the appearance OF butter,
but in every case 1t is properly Ia
belcd. so as not to deceive the pur-
chaser or consumer. as to just what
ii is" and you make the following re-
quest: Kindly give me your opinion
II these brands OF oleomarGarine that
have the appearance of butter can be
sold in the State of Utah
While 1t is impossible to place con-
struction upon that provision above
quoted and taken from section 1851
Compiled Laws of Utah. 1907. which
would prevent the sale of oleomar :
rarine In this state. even though IL
were colored only by using as one o1
tho ingredients, natural butter. yet l
do not believe the legislature intended
the provision to have that effect
Section 733 Compiled Laws of Utan
1907, which you have referred 10, reaus
as follows: 'The standard of purity
quality and strength for foods, liquors
and drinks that have been. or shall De
adopted by the u S. department oil
agriculture are hereby declared to be
the standards of purity, quality ano
strength of foods, liquors, and drinks
In the State of Utah. except where
otherwise specified
| understand from your statement
that all oleomargarine which Is now
permitted to be sold on our market ma;
been first inspected. passed and
stamped by the United States depart
ment of agriculture.
This oleomargarine. as above stated
contains no artificial coloring. anc
while 1t may have, because of the us'
OF some of the ingredients mentloaef
by the state chemist, something OF th'
color OF butter, yet the purchaser II
always protected and Is never de-
ceived by reason of the labelling re
quired.
am therefore OF the opinion tina
oleomargarinc. such as you have IN
dlcated, may be sold on our market
The words referred to as underline'
are, but 1t must be free from coiora
ton or ingredients that cause 1t Z
look like butter"