Daily Kennebec journal., 1916-05-29
Artificial Coloring in
Food Must Be Stated

Food Must Be Stated
An opinion having been asked by A. NJ.
G. Soule, chief of the Bureau of Inspec-
ton, Department of Agriculture. as to
the use of coloring matter in food pro-
ducts. Attorney General w. r. Pattan-
gall has made reply as follows. the ques-
ton being first stated:
Chief SouIes Query
The letter of Chief Soule to the attor-
ney generals Office bearing on the SUBJ
ject is as follows:
In Chapter l29 Of the Revised Stat
utes, Section eight. as amended by the
Public Laws of 1905, Chapter 3s, we find
this clause: For the purpose Of this chap
ter the terms butter and cheese mean
the products usually known by these
names, which are manufactured exclu-
sively from milk or cream or both, with
salt and rennet, with or without coloring
matter"
"In Chapter 1l9. Public Laws OF 1911,
Section II. we find the following:
For the purpose of this act. an arti-
Gle shall be deemed to be misbranded,
in the case of food, If the contents Of
the package as originally put up shall
have been removed in whole or in part
and other contents shall have been placed
in such package. or If 1t fail to bear a
statement on the label of the quantity
or proportion of each and any added
colorlngS matter, preservatiVe. chemical
or drug contained therein"
Acting On the suggestion Of this stat
ute. In the event of the use of any arti-
fetal coloring. we have required that a
statement to the effect that the product
is artificially colored be placed on the
container in which the article Is offered
for sale: to give a specific instance:
Frankfurt sausages, it has been found
by manufacturers, are more saleable if
they carry red color of deeper hue than
can be obtained by smoking: this is ac-
complished by dipping the frankfurts in
to dye known under the trade name of
'Prescol, and when such process of man
ufacture has taken place, before the sale
can be legaiized we have insisted that
the package containing such goods should
be marked artiflcially colored'
In the manufacture Of butter partic-
ularly in the winter. an orange coloring
is used to give yellow color to the pro-
duct, and. as outlined in Chapter 12e.
butter is defined as being made with or
without coloring matter and no attemnt
has been made to insist on the words
artificial coloring' for packages contain
Ing such a product.
I am asking for your opinion as to
the apparent conflicting or contradic-
tory instructions Of the statute and
II we are correct In our interpreta-
ton Of the statute, and INSISTING that
manufacturers must announce the use
OF artinclal coloring in sausages or
other food products, and would there
be sufficient grounds based on this
statute for making a case against
manufacturer on the charge of mis-
branding II such announcement were
neglected? / should appreciate being
INFORMED as to whether the statute of
later enactment should influence us in
requiring a statement regarding the
use OF artificial coloring in butter or
should we abide by, the statement as
outlined in the earlier act?
Mr.. PattansaIPs Reply
Attorney General Pattangalrs reply
to the communication of Chief Soule is
as 1OlloWS:
Replying to yours Of recent date, |
nave no doubt but that you have suf- !
hclent legal authority to insist that
when food product is artificially COL
ored the fact shall be stated on the /
contalner in which the article is Of |
tered for sale. 1t seems to me that YOU !
had the right to insist upon this in |
connection with butter as we'll as 9TH |
er food products, Notwithstanding the
wording Of Section 8, Chapter 129, of
the Revised Statutes, as amended by
the laws Of 1905, but l have no doubt !
but that the matter would be discre-
tionary with you.
In other words, you could insist |
upon statement of artificial coloring |
where you deemed it wise to do so and !
could refrain from such insistance in
such cases as you deemed proper. The |
Of any law invoices a GER
tain amount Of discretion on the part |
Of the official charged with its enforce |
ment. think there would be as ufTi- |
cient ground for bringing action |
against manufacturer on the charge |
OF misbranding if he failed to announce |
the use Of artificial coloring in any !
food product"