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does not apply to magazines or other periodicals printed outside the State or printed in the State for distribution elsewhere (title 12, sec. 6546.3, Tennessee Code, 1934). Excludes puff pastry not made with milk or cream.

Information.Commissioner of agriculture. Texas

No restriction.

Information.-State health officer. Utah

Statements to purchasers.—Oral: It is unlawful for any person to furnish in any hotel, boarding house, or restaurant, or at any lunch counter, any margarine to any guest or patron without first notifying each guest or patron that the substance so furnished is not butter (title 3, ch. 10, sec. 32, Utah Code, 1943).

Information.-State board of agriculture. Vermont

Coloring.No one shall sell any margarine unless it is free from coloration and from any ingredients causing it to look like butter (title 34, sec. 7779, Public Laws, 1933, as amended, laws of Vermont, 1941, No. 177, p. 233).

Notice to purchasers.-In restaurants : An owner of a public dining room using margarine on the table or for cooking food shall post in conspicuous places, and which can be read from every table in the room, a sign with letters at least 3 inches high, which shall read, “Oleomargarine used here” (title 34, sec. 7785, Public Laws, 1933). Excludes puff pastry not made from milk or cream.

Information.Commissioner of agriculture. Virginia

Notice to purchasers.-In restaurants: Hotels, restaurants, boarding houses, and all other places of public entertainment, storing, using, selling, offering for sale, or serving margarine shall first display signs in conspicuous places bearing the words printed in black letters 1 inch square on a white background “We Serve Oleomargarine Here.” The sign shall contain no other words (title 14, sec. 1199, Code of Virginia, 1942).

Information.-Dairy and food commissioner. Washington

Coloring.No one shall sell any margarine unless it is free from coloration or ingredients that cause it to resemble butter.

Margarine which is not free from coloration or ingredients that cause it to resemble butter shall not be used in any hotel, eating house, restaurant, public conveyance, or boarding house (title 40, sec. 6248, Remington's Revised Statutes).

Notice to purchasers.-In restaurants: Margarine may be used by patrons and guests of any hotel, eating house, restaurant, public conveyance, or boarding house, when signs are displayed in a conspicuous place that may be easily read from any part of the room (title 40, sec. 6248, Remington's Revised Statutes).

Information.—Director of agriculture. West Virginia

No restriction.

Information.—Director, dairy and food division. Wisconsin

Excludes.-Shortenings not churned or emulsified in milk or cream and having a melting point of 112° F. or more unless there is sold or given away with such shortening any compound which when mixed with such shortening makes margarine (sec. 97.02).

Coloring.—No one shall sell any margarine unless it is free from coloration or ingredients that cause it to look like butter (sec. 97.43, Wisconsin Statutes, 1943).

Notice to purchasers.—Oral: Anyone who furnishes margarine in any hotel, boarding house, restaurant or at any lunch counter to guests or patrons thereof shall first notify such guests or patrons that the substance furnished is not butter (sec. 97.44, Wisconsin Stats. 1943).

Licenses.--Hotel or restaurant, $25; boarding house having 3 or more boarders at any time during the license period, $5; bakery, confectionery, $5; users of margarine purchased from out of State dealers, $1 (sec. 97.42, Wisconsin Stats. 1943).

All licenses shall expire on the 31st day of December of each year, but licenses may be granted to commence on the first day of July for the remainder of the year upon payment of one half the annual fee.

Taxes.Impositions ; Each hotel, restaurant, boarding house, bakery and confectionery shal pay a tax of 15 cents per pound on margarine used in cooking or serving meals for compensation at patrons, or in the preparation of food to be sold, except such margarine as shall be purchased or received from a licensed retail dealer who is liable for the tax.

On all margarine purchased from an out of State dealer, the licensee shall pay a tax of 6 cents a pound (sec. 97.42, Wisconsin Stats. 1943).

Regulations.-With the filing of the quarterly records required, the licensee shall pay the tax to the Department of Agriculture by mail order, certified check, or draft. Payment not made at the time required shall be increased by 1 cent per pound (sec. 97.42, Wisconsin Stats. 1943).

Information.—Department of Agriculture. Wyoming

Coloring.-It is unlawful to sell, offer for sale or expose for sale any vegetable margarine which is colored or flavored in imitation of butter or made to resemble yellow butter in color or flavor by whatever means the color or flavor of the finished product is accomplished (sec. 45–602, Wyoming Rev. Stats., 1931).

No one shall coat, powder, or color with annatto or any coloring matter whatever, any substance designed as a substitute for butter whereby it will be made to resemble butter (sec. 45–502, Wyoming Rev. Stats., 1931).

No one shall combine any animal or vegetable fat or oil with butter, or combine therewith, or with animal fat or vegetable oil, or a combination of the two with any other substance for the purpose or with the effect of imparting thereto a yellow color so that such “imitation butter” shall resemble yellow or any shade of genuine, yellow butter (sec. 45–502, Wyoming Rev. Stats., 1931).

No one shall produce any substance in imitation or semblance of natural butter, nor sell, nor have in possession, nor keep for sale, nor offer for sale, any “imitation butter" made in violation of the law, whether such “imitation butter” shall be made in this State or elsewhere (sec. 45–502, Wyoming Rev. Stats., 1931.

Notice to purchasers.—Placards or signs: No one shall in any public eating place serve to guests or employees or use for cooking purposes any “imitation butter" unless he shall display a card opposite each table, which shall be white and not less than 10 inches by 14 inches upon which shall be printed in black Roman letters, not less than 1 inch in length and one-half inch in width, the words “imitation butter used here.” (Sec. 45–504, Wyoming Rev. Stats. 1931.)

Oral: No one shall sell any substance designed as a substitute for butter unless he shall inform the purchaser distinctly at the time of sale that it is a substitute for butter. (Sec. 45–503, Wyoming Rev. Stats., 1931.)

Written : No one shall sell any substance designed as a substitute for butter unless he shall deliver to the purchaser, at the time of sale, a statement clearly printed in English, which shall refer to the article sold and shall contain in plain Roman type, a statement that the substance is a substitute for butter, and shall include the name and place of business of the maker. (Sec. 45–503, Wyoming Rev. Stats., 1931.)

Information. Commissioner of agriculture. District of Columbia

Notification.—Misrepresentation under the United States Pure Food and Drug Act is deemed to have occurred when a restaurant or other public eating place lists butter on the menu and actually serves margarine.

Information.-Health officer.

ADDITIONS

Alabama

Notification.—Legislature has adopted by reference the requirement established under the Federal Pure Food and Drug Act. This act contains a provision, with penalties, against the misrepresentation of food. Misrepresentation is deemed to have occurred when a restaurant or other public eating place lists butter on the menu and actually serves margarine. Louisiana

Notification.—Legislature has adopted by reference the requirement established under the Federal Pure Food and Drug Act. This act contains a provision, with penalties, against the misrepresentation of food. Misrepresentation is deemed to have occurred when a restaurant or other public eating place lists butter on the menu and actually serves margarine.

7626948—7

Montana

Coloring.No one shall have any margarine made to resemble butter by the addition of annatto or other coloring matter in his possession with intent to sell, nor shall he sell or offer the same for sale. (Sec. 2620.43, Rev. Code of Montana, 1935, as amended March 8, 1941, ch. 98, Session Laws, 1941.) New Jersey

Notice to purchasers.-Written: No one shall sell any margarine at retail, or in quantities less than the original package unless at the time of and with each sale he shall give to the purchaser a notice on which shall be printed the name of the substance, and the name and address of the seller, and there may be printed thereon the weight of the parcel.

The notice required in the above shall be at least 6 inches long and 4 inches wide and the printing shall be plain and legible in black in English upon white paper, in letters at least of two-line English.

The notice required above may be printed either upon the outside of the outer wrapper in which the substance is delivered to the purchaser or upon a separate card attached thereto, but in either case the notice shall be so placed that no part thereof shall be concealed from view. (T. 24, ch. 13, sec. 3, New Jersey Stat., Ann.) Texas

Notification.-Legislature has adopted by reference the requirement established under the Federal Pure Food and Drug Act. This act contains a provision, with penalties, against the misrepresentation of food. Misrepresentation is deemed to have occurred when a restaurant or other public eating place lists butter on the menu and actually serves margarine. Wyoming

Note.--"Imitation butter' 'is defined in section 45-501 as “every article, substitute, or compound other than that produced from pure milk or cream made in the semblance of butter and designed to be used as a substitute for butter made from pure milk or cream from the same.”

Restrictions on public eating places serving margarine

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Federal Government. Coloring by ser

ver: $600 annual

license fee.
Alabama
Arkansas
Arizona
California

Yes
Colorado
Connecticut

Yes
Delaware

Yes
District of Columbia
Florida
Georgia
Idaho

Yes
Illinois

Yes
Indiana
Iowa

Yes
Kansas
Kentucky
Louisiana
Maine

Yes.
Maryland

Yes Massachusetts.

Yes Michigan

Yes
Minnesota

Yes
Mississippi
Missouri
Montana

Yes
Nebraska

Yes
Nevada
New Hampshire-

Yes.
New Jersey
New Mexico

See footnotes at end of table.

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The CHAIRMAN. Under your theory that oleomargarine and butter at certain times of the year closely resemble each other in color, why do you include colored margarine in your amendment? Why do you confine your amendment to colored ?

Senator FULBRIGHT. If it is white margarine, it is perfectly obvious what it is. Butter is not sold in that natural state, or rarely, if at all. It is always colored. It is most unusual, if not almost impossible to find that butter offered for sale in the public. The only place I see it is on the farm where it is made. A few people still serve the butter in its natural state of color.

Senator Lucas. Do you think the last paragraph of the amendment offered is necessary!

Senator FULBRIGHT. I do not quite understand the Senator's question.

Senator Lucas. The labeling requirements of this act shall not apply, and so forth. Do you think that is necessary?

Senator FULBRIGHT. That has reference to what the Senator from Ohio mentioned a while ago. These other labeling requirements regarding it being sold in its carton, and so on, so that this extension of the definition of misbranding to the sale in the restaurant, the requiring of a conspicuous sign, merely states that in this instance we do not require the other kind of notice.

Senator GEORGE. If put up, the conspicuous sign, you do not have to identify each one.

Senator FULBRIGHT. That is all that means.

I do not pretend this is a perfect amendment, because we have had a good deal of trouble trying to decide ourselves. We merely offer

it. I do not particularly feel that it is necessary, and I am not in a position of urging the committee. I only offer it to meet this question that apparently they are relying very heavily on. That is my information. That is why I offer it, and I am quite sure the committee will perfect it.

Senator TAFT. An amendment which simply provides you would really have to do something of this kind, I can see that. Otherwise it would not be fraud to serve oleomargarine, yellow oleomargarine.

Senator FULBRIGHT. I guess it would not be a violation of the act.

Senator TAFT. It would not be a violation of the act because there would be no representation of any kind.

Senator FULBRIGHT. I certainly have no objection. We have never wanted to take advantage of anyone or to enable it to be sold as something it is not. That is not the object of the proponents of this law, and if such an amendment is worked out by the committee, we will certainly support it.

Senator TAFT. I might say it seems to me that the idea of a conspicuous sign in a restaurant is a very poor method. In the first place, it gets covered up, and in the second place, it is a kind of general warning, and does not mean anything. It seems to me it ought to be on the plate on which it is served, as in your law in your State, or on the bill of fare.

Senator FULBRIGHT. We had those differences in views. We are very troubled about it. One thing that influenced us was that not to specify was because of the existence of all of these State laws, which we did not like to make them conform to two entirely different ones. The theory of that is that we will accept those provisions of the States that they have already developed. That is the explanation of it. I agree that some criticism can be made.

Therefore, the proposed amendment would extend the definition of misbranding to cover artificially colored oleomargarine offered for sale by a public eating place, unless notice is given. The last sentence of the proposed subsection would relieve the public eating place of the duty of labeling each “pat” of oleomargarine, if the required notice is given. Under the act the Federal Security Admistrator has authority to rule certain labeling impracticable and thereby to take an article of food out of the scope of the act. The proposed subsection would relieve the Administrator of such power in the case of oleomargarine served in public eating places.

The particular type of notice to be required is not specified because to do so would require public eating places in many States to give more than one type of notice. As written, the proposed subsection would make the notice required by various States a sufficient compliance. However, if this is considered inadequate, it could be made more specific by setting a standard type of notice in the amendment, with additional provision that public eating places in States requiring notice shall be deemed to have complied with this requirement, upon giving the notice required by the law of the State.

The constitutionality of such a provision is sustained by the Sullivan case, which I have outlined.

The CHAIRMAN. I think the States could go further if they wanted, but they could not reduce the Federal notice.

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