Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-12-08
GRocERS AND OTHER DEALERS
NOT BARRED FROM HANDLING
FLAYoRs UNDER NEW LAW.
MUCH CONFUSION AMONG
MERCHANTS OF STATE
Attorney General cosson Gives Opinion
on Mueh-Discussed Statute-V'oia-
tions Might Be Possible II Dealers
Sold Extracts to Be Used as sev-
erages.

c...aing-an Dec s-Several Of the
Iowa retail grocers. including some III
burlington and nearby towns. have
been greatly worried about what ehec'
the prohibition law which becomes OPP
erative January !, will have on their
business Nanv grocers have been
preparing to destroy their supplies o.
favoring extracts as these coh'a III
alcohol They need not do this, anu III
fact they may sell tavoring EXTRACTS
and all other goods Just the same mex
year as they have the past Inc Lot-
lowing letter from Attorney Genera
Cosson to Pure Food Inspector Nj. T.
FLYNN explains the situation clearly:
Dear Sir-I have your letter OF the
10Th inst in which you state that III :
formation reaching your department
indicates that manufacturers ana oeai-
ers in havoring extracts are much 0is-
turbed over the possibility OF inc
strict enforcement Of the pTohiniloE!
law affecting the manufacture anu
sale OF fiavoring extracts You asa
my opinion on the subject
Intent of Law.
The intent Of the prohioitory stat
ute is to prohibit the sale OF anEthihs
containing alcohol or other intoNicat-
ing LIQUOR for use as beverage or
that is capable OF being used as a pew
erase.
Our supreme court has held that
where liquors are so compounded as
=, lose THAR characteristic as intoxi-
eating liquors and are no longer de-
sirable for use as a stimulating oeVel-
age, their sale is not prohibited; oul
if, Notwithstanding. other ingredients
have been mixed Herewith, they re-
tain their character and are capaote
of use as a beverage they fail under
the ban Of the law.
The manufacture and sale OF 1000
article which contains alcohol IN lls
composition for the purpose OF pre-
serving its food qualities and rencer-
ing its use as a food product capable
or possible II not sold or intended TOT
use as beverage and not SO prepared
that It would naturally be diverted
from the purpose for which II was
manufactured and sold Is not In Itself
a. violation of the prohibitory statute
Circumstances might. however, arise
where the sale Of havortns extracf
would constitute a violation OF the law
as where a sale Is made to an indi-
yidual who, the dealer knows, used
the article as a beverage and INTENDS
to use the same as a beverage, OF
where the customers purchase are sc
FREQUENT that the dealer ought by rea'
son Of that fact to know that the ar.
ticle is being used as beverage anc
not for the purpose for which 1t wa
manufactured, and where a sale Il
made Of an extract under such con-
dftions the fact that the article sold
WAS manufactured and intended for
food article would not be a defense
but II the sale OF the extract Is made
by a dealer without knowledge Of the
article being used as a beverage anc
under such circumstances that tbs
dealer would not. by the exercise O.
ordinary care and Judgment appre-
bend that Il was being used as oev-
erage. there would be no violation o.
the law in making the sale.
IN the prosecution for the sale OF ar
extract upon the theory that Il was
sale Of intoxicating liquor the cues
ton OF whether or not Il vas a hduo:
would be one for 2 jury. In Other
words. the sale OF an extract whicr
complies with the requirements Of tht
food law would not, per Sc. he 4 Fto-
alton II the law. bur much would de-
pend or the circumstances surround
ing the sale as have mentioned