Evening star., 1934-11-12
SMITH HAS PLAN
TO END BOOTLEG
ICE CREAM MIX
Would Add Color or Sugar
to Prevent Consumption
as Food.
Representative TELLS
PROPOSAL AT PARLEY
Suggests New Rule Be Made Part
Of City's Health Regu-
lations.

Representative Smith, Democrat, of
Virginia, proposed to Commissioner
Allen today the addition Of coloring
or sugar to "ice cream mix" to pre-
vent this type of cream being distrib-
uted for food consumption.
The proposal came during a meet
ing Of the dairy industry called by
Allen, in an effort to find means to
prevent the bootlegging of cheap out
side cream for fluid sale to Washing
ton consumers.
Testimony in the Senate milk in
Vestlgation last year showed the
equivalent of more than ZOO, 900 GAL
Ions of milk had been brought into
the District illegally in the last few
years and sold to the public, to the
detriment of Maryland and Virginia
farmers who are producing high
quality milk and cream at a necessar-
lily higher cost.
Seal Submits Regulations.
Smith suggested his proposal be
added to an amendment to the Dis
trict health regulations which Assist
ant Corporation Counsel ElWood H.
Seal had drafted at Aliens instruc-
ton. The new regulation provided
that no cream for ice cream manu-
facture should be permitted without
permit issued by the District health
ofhcer upon the written application
OF the conSignor or consignee. These
applications would contain the name
or names and addresses of the con-
signor, consignee and the authorized
medical permission or State Board of
Health certifying to the requisite con-
formlty OF the products, the place or
places where said shipments are to be
delivered, the place of proposed man
ufacture in the District, the volume
! OF such deliveries and such other in
formation as may reasonably be re-
quired to enable the health officer to
determine that the law was being OBJ
served.
The new requirements also pro-
vided that the cream would not be
sold for any purpose other than
manufactured ice cream and would
give the health officer authority to
go beyond the written statements to
assure himself that the law was being
| carried out.
Session Almost Breaks Up.
The proposed law also would re-
quire that no shipments of outside
cream could be received on any prem
ises whene fluid milk or fluid cream
was being dispensed until such cream
| had been manufactured into ice
cream.
Representative Smith offered his
| amendment when it appeared the
meeting would end in a stalemate,
due to objections by producers and
distributors that the regulation as
/ submitted by Seal would throw all
| small ice cream manufacturers, esti-
mated to number about 100, out Of
business Immediately. Commissioner
Allen, Judge William S. Snow of the
Alexandria Dairy Products Corp, At
torney Seton Darr, representing the
Independent Milk Distributors Asso-
ciation and the Fairfax Farms Dairy.
which is member of that organiza-
tion, gave hearty Endorsement to
Smiths proposal
Allen thereupon instructed Seal to
have mlmeographed copies prepared
of the proposed regulations, with an
amendment by Smith and another by
Darr included. These would be dis
tributed to every one interested, with
objections or proposed amendments
to be submitted to Seal within 10
days.
Darr Offers Amendment.
Attorney Darr suggested that the
regulations end with a provision that
nothing contained In these regula-
tions shall be construed to prohibit
or restrict, than as now provided by
statute, the manufacture and sale
within the District of Columbia of
homogenized ice cream mix"
Representative Smith also suggested
to Allen that the proposed regulations
be placed in effect Immediately, ar
guing that the only way to determine
their efficacy would be through a test.
There was considerable argument be-
fore Smith offered his amendment
that If the regulations as originally
drafted were placed in effect small
businesses would be forced to shut
down. Commissioner Allen made it
/ plain he intended to protect the small
man and said:
I don't want to see the District of
Columbia establishing principles that
would tend to give more to the big
fellow than to the little fellow. /
would rather it would be the other
way around. I don't want to put
anybody out of business"
Small Manufacturers Threatened.
Darr broke in to say that the effect
4 of the unamended regulations would
mean that eventually the small
manufacturer would be unable to
manufacture ice cream and in time all
ice cream would be in the hands of
the large manufacturer whose cream
is brought in from the outside"
1t was pointed out that the large
manufacturer Is able to buy cream for
ice cream purposes at from $40 to s13
per 10-gallan can in carload lots. The
little fellow. however, is forced to pay
the local market price for fluid cream,
ranging from SIG to $50.
Among those who attended the
session were Mrs. John Boyle, IT,.
chairman of the Consumers Advisory
Council Of Washington; Matthew
Boyd, vice chairman; Henry N.
Brawner, jr., president Of the Chest
| nut Farms Chevy Chase Dairy; James
j. Ward and Edward L. Koepnick,
officials of Embassy Dairy; Harry L.
Black and Robert L. Dickson, officials
Of Fairfax Farms; Julius Marcy,
president Of Arlington County Dairy;
B. F. HartZ, Colonial Ice Cream Co.;
Ernest H. Daniels, ice cream manu-
facturer; President Frank s. Walker
Of the Maryland and Virginia Milk
Producers Association; former Sem
ator Joseph L. Bristow, Fairfax
County dairyman; T. Lamar jackson,
Montgomery County producer; Judge
Henry Barbour, attorney for the pro-
ducers' organization, and Health
OFFICER William FnuIar