The food and drugs act of June 30, 1906, and the rules and regulations made thereunder, provide for the proper marking of food product and penalties for misbranding.
The act also provides that a food product is not misbranded "in the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word 'compound,' 'imitation,' or 'blend,' as the case may be, is plainly stated on the package in which it is offered for sale."
Keeping in view these provisions of the law, and rules and regulations made thereunder, it appears that the mixing of rye flour and wheat flour is not prohibited by the law provided the package is marked "compound" or "mixture," the word standing alone and without qualification, and also if the label contain the information which shows that it is properly branded. The mixture may also be denominated a "blend" if rye flour and wheat flour be regarded as like substances. It is held that this information in the case mentioned would be a statement of the ingredients used in making the compound. It is further held that the use of an ingredient in small quantity simply for the purpose of naming it in the list of ingredients would be contrary to the intent of the law, and therefore that the ingredients must be used in quantities which would justify the appearance of their names upon the label. The statement made of the constituents used should be of a character to indicate plainly that the article is a compound, mixture, or blend.
It is evident from the above explanation that the naming of a mixture of this kind "rye flour" would be plainly a violation of the law and the regulations made thereunder.
Attention is called also to the act of Congress approved June 13, 1898, U. S. Revised Statutes, sections 36 to 49, inclusive, imposing special taxes under the supervision of the Commissioner of Internal Revenue on mixed flour.
Approved:
W. M. Hays,
Acting Secretary.
Washington, D. C., October 30, 1906.
(F. I. D. 43.)
RELABELING OF GOODS ON HAND.
The following is a type of numerous communications received concerning the operation of the food law:
The retail grocers of our city, as well as some of the jobbers, are very much concerned
over stocks of canned goods and other similar goods they might have in stock on January
1, 1907, when the new pure-food act goes into effect.
We are under the impression that where there is nothing deleterious to health contained in such goods so held it is not the Department's intention to interfere in any way, shape, or form with them.
Where these goods are held by retailers in our own city does this come within the jurisdiction of the National law, or is it controlled only by State laws?
Similar letters have been received relating to drugs, medicines, and other articles affected
by the operation of the law. A general answer is deemed advisable, which, it is
hoped, wilt cover the cases in question.
Section (i) of Regulation 17 provides that—
The regulation regarding the principal label will not be enforced until October 1, 1907,
in the case of labels printed and now on hand, whenever any statement therein contained
which is contrary to the food and drugs act, June 30, 1906, as to character of contents,
shall be corrected by a supplemental label, stamp, or paster. All other labels now printed
and on hand may be used without change until October 1, 1907.
It is held that under this regulation labels which contain statements relating to the
