The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-26

United States Senator LaFollette in
a recent issue of LaFollette's Journal,
has the following to ay:
Whatever else is done in n state
to correct the state laws at those
points where they may Interfere with
the enforcement of the federal law,
there should be no surrender of the
rights which states have to protect
their citizens whatever the federal
government may do.
THE history of the administration
of national pure food laws contains
striking instances of rulings, orders,
and decisions favorable to certain
groups of food manufacturers. No
state has complete assurance hat
history may not repeat itself in this
respect. The progressive movement
would not have advanced to the point
where it is today if the states in mat
tiers like this had confined themselves
to the standards set by the federal
government. The states have blazed
the trail of progress"
IL the contention made by some of
those who have been discussing the
bearing of the Wisconsin decision, is
correct hen it will certainly prove dis
astrous to the proper enforcement of
our state food laws. One attorney has
recently said:
THE federal act permits of the use
of benzoate of o d in catsup or in any
food. if properly labeled to indicate
that fact, and that IL the state law
prohibits the sale of catsup containing
benzoate of soda, then the state law
must fall because it is in positive con-
flict with the national law.
The national law does not say that
the use of benzoate of soda is permits
sibIe, but is silent on the question and
has a general provision with regard to
ingredients which shall not be used in
food products. In F. I. d. rs the three
secretaries endorse the statement OF
the inspection board, that the use OF
| benzoate of soda is harmful and should
be prohibited, but in decision 104, after
the work of the referee board they
say:
mo objection will be raised under
the food and drug act to the use OF
benzoate Of soda, providing, that each
container or package of such food is
plainly labeled to show the presence
land amount of benzoate of d
Now, this is not a part of the law
1t does not say anything with regard
to the desirability OF using benzoate OF
soda. but rather says that no "objec-
ton will be raised" Thus, not giving
the courts, as it were, an opportunit9
to interpret this feature of the law
Several states, including Indiana
O Dahpld@ GIlN CtlSLS law Jaws
prohibiting the use of benzoate O
soda; and after a bitter fought case
going up to the supreme court Of In.
i diana, the courts sustained the valid,
lity Of the Indiana law. Then, canro
d law be enacted (where there is a df.
versity OF opinion among the scientist
then1selves,) which shall prohibit tn
sale OF food products containing ben,
xoate of soda or other chemical pre-
servatives?
The same thing is true with regars
Ito coal tar dyes. North Dakota, Min
nasota and several other states pro,
lhibit wholly the use OF coal tar dye
lin food products. BY regulation of TIN
three secretaries, the national author
titles prohibit all coal tar dyes with tn
exception of 1--WE. which, when mad
!, under certain prescribed regulations
shall be permitted to- be used wher'
~colors are permissible. Shall tn,
states be obliged to- eat their foot
products colored with coal tar dyes
many Of which are known to- be POI.
sonous, and when the secretaries hav'
ruled that certain dyes may be used
but not so enacted by congress 4
seems to8the writer that this is hardly
Ii fair interpretation to be placed Ipci
the meaning OF the federal food law
or upon thA wisconsin eyTi1p case bl