Page:Foods and their adulteration; origin, manufacture, and composition of food products; description of common adulterations, food standards, and national food laws and regulations (IA foodstheiradulte02wile).pdf/642

 imitation with a genuine article can not be regarded as a mixture of like substances within the letter and intent of the law.

, Secretary of Agriculture.

, December 1, 1906.

F. I. D. 46, as amended. Issued March 22, 1907.

UNITED STATES DEPARTMENT OF AGRICULTURE,

BUREAU OF CHEMISTRY,

H. W. WILEY,.

FOOD INSPECTION DECISION 46, AS AMENDED.

F. I. D. 46,

The following extract from a letter is typical of a question frequently asked:

In connection with our manufacture of flavoring extracts, we produce an article containing a certain percentage of artificial coumarin and vanillin. This product has been placed on the market under the name of and Company, a fictitious firm, although dealers have always understood that it was our product. Is there any objection to our continuing to brand the product as manufactured by and Company?

The same question has frequently been asked by importers who state that they desire to assume the responsibility for particular brands.

It has been held by the Attorney-General (F. I. D. 2) that—

the words " Daisy Sugar Corn,  Company, Milwaukee, Wis.," clearly imply that the goods referred to are manufactured or prepared by that company in Wisconsin. The general public, unfamiliar with trade practices, would inevitably reach that conclusion.

Regulation 18 provides that if the name of the manufacturer and the place of manufacture be given, they must be the true name and the true place. If would appear, therefore, that the use of a fictitious name in such a manner that it would be understood to be the name of the manufacturer would be clearly a violation of Regulation 18. It is apparent that the provisions of Regulation 18 will not be fulfilled by the nominal incorporation of a fictitious firm. The regulations require that goods must be actually manufactured by the firm represented on the label as the manufacturer.

When a proper name, other than that of the manufacturer, is placed upon a label it must not be used in the possessive. For instance,

CHARLES GASTON'S OLIVE OIL BORDEAUX