Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1916-12-06
FOOD LAWS CONFLICT
10. s. JUDGE RULES THAT FEEDER.
AL LAW APPLIES IN SHIPMENT
OF FOODS INTO STATE.

Madison, Wis, (Special) Sections
of the Wisconsin pure food laws that
conflict with the federal laws can not
be enforced.
This, in effect, is the substance of
a decree signed by Federal Judge Ar
thur L. SanboTn here in the case Of
the Curtice Brothers company, Roch
ester, N. Y, against George j. Weigle,
state dairy and food commissioner.
The decree is a victory for the plain
tiff.
Under the ruling, food products con-
tanning benzoate of soda and manufac-
tured in other states can not be barred
from sale in Wisconsin.
In his decree Judge Sanborn held
that as shipments of the Curtice prod
ucts into the state were made in con-
fOrmity with interstate commerce, the
federal, rather than the state food
laws would apply.
The case dates back to the famous
DR.. Wiley controversy.
At that time several states passed
laws holding that the use Of benzoate
of soda as preservative was an adul-
teration and made it's use illegal. Then
the federal government made an inves-
tigation and a government proclama-
ton was issued holding that benzoate
of soda was harmless. States that had
pressed the laws let down the bars,
with the exception of Wisconsin and
one or two others. This state con-
tinued to enforce the statute.
The Curtice company filed it's suit
in February, this year. On Nov. 2
Judge Sanborn handed down his de-
cisiOn in favor of the plaintiff, but the
decree was not signed and made pub
lie until on Thursday of last week.
The decision settles all disputes over
the Wisconsin food laws, so far as
manufacturers in other states, but who
sell their products here, are concerned.
The law covers adulteration and mis-
labelling The misbranding part of the
statute was ruled upon in the corn
products label case Now comes the
ruling on the adulteration end of the
law.
In his decree Judge Sanborn per-
manently enjoins Commissioner Wei
gle, his agents and districts attorneys,
from enforcing or attempting to en-
force sections 1900, 4,601 or $50 of the
Wisconsin statutes in so far as they
do, or either of them does or may be
construed to declare as an adulteration
or illegal the use Of benzoate of soda
as a preservative ingredient in any of
the plaintiffs food products which
have been or are being sold, shipped
consigned, offered or exposed for sale
in said state, or had in possession
therein with intent to sell, either in
the said outer wooden container or
the said immediate container thereof
either at the wholesale or retail, for
use or consumption within said state,
or have or are being furnished in the
customary manner by restaurant keep
ers to their guests for consumption at
their dining tables or stands, in such
open immediate cOntainer thereof, the
bottle or jar aforesaid, in which such
products was shipped into the said
state Of Wisconsin.
Judge Sanborn held, in effect, that
the governments ruling that benZOate
OF soda is harmless, is supreme and
that the state statutes covering this
subject are no longer operative
Wholesalers and retailers, under the
decree, may buy and deal in the goods,
the wholesalers buying where they
please, and the retailers doing like
wise. The goods may be sold to Gus
toners in the state by the single bot
tie or jar as we'll as by the case
1t is understood that the state in
tends appealing the case to the Unit
ed States Supreme court, as was done
in the corn syrup case, which was
lost by the state.
The principle involved in the ben
zoate of sugar action is similar to that
in the syrup.