Cornell University Library 
 SF 265.S97 
 
 Suggestions for a standard for butter, pr 
 
 3 1924 003 114 307 
 
Suggestions 
 For a Standard for Butter 
 
 presented on behalf of 
 
 Swift & Company 
 
 to the 
 
 Joint Committee on 
 Definitions and Standards 
 
 Representing Food Control Officials of the 
 United States and of the Several States 
 
 HENRY VEEDER 
 ROBERT C. McMANUS 
 W. PARKER JONES 
 GEO. " V "ABE 
 
 Attorneys, Swift & Company 
 
 Chicago 
 November, 1917 
 
 ^i/f 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924003114307 
 
FOREWORD. 
 
 In this brief the narrow limits within which statutory laws restrict 
 and hamper the business of manufacturing butter are plainly shown. 
 The Act approved May 9, 1902, is a regulatory measure, clumsily mas- 
 querading as a revenue law. It produces no revenue ; it is not intended 
 to, and it does not even regulate. 
 
 It is believed that no manufacturer ever voluntarily took out a license 
 to make adulterated butter, nor that a pound of the product, as such, 
 was ever put upon the market in the ordinary course of trade. On the 
 contrary, millions of pounds of what is under the law "adulterated but- 
 ter" are annually made and marketed under false labels. 
 
 This law stands in the path of progress, an effectual barrier to change 
 and improvement. Efforts of officials charged with enforcement to 
 temper the law's more drastic restrictions by equivocal rulings or non- 
 enforcement have only resulted in favoritism to some and discrimination 
 against other branches of the industry, and a perpetuation of abuses 
 which have long since been corrected with respect to other foods. 
 
 The evil of dual departmental control for this product was never more 
 manifest than at present. With one Department not concerned in the 
 wholesomeness of food and the other not concerned in the collection of 
 revenue, it is perhaps but natural that Departmental comity should 
 result in confusion among the trade as to what may or may not law- 
 fully be done; what reforms may or may not be instituted, and what, if 
 anything, is needed to protect the consumer with respect to both the 
 wholesomeness and the honesty of what he buys. 
 
 As manufacturers of butter, Swift and Company urge an earnest con- 
 sideration by your Committee of the laws, and the prompt solution of 
 the problems which to-day confuse and distract the trade, and the estab- 
 lishment of means whereby the manufacturer may know how to make 
 and mark his product in confidence that with the aid of honest labels, 
 the consumer may buy with all assurance that he gets what he pays for. 
 
 Swift and Company are among the largest manufacturers of butter in 
 the United States. They are vitally interested in a standard for butter 
 which will remove discrimination, and insure a wholesome product 
 with honest labels. 
 

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SUGGESTIONS FOR A STANDARD 
 FOR BUTTER 
 
 PRESENTED TO 
 
 JOINT COMMITTEE ON DEFINITIONS 
 AND STANDARDS 
 
 The Joint Committee on Definitions and Standards, before 
 whom this brief is presented, held a hearing in Chicago on 
 June 13 and 14, 1917, on the subject of a standard for butter. 
 The Acting Chairman, Dr. William Frear of Pennsylvania, 
 stated that the Committee is appointed for the purpose of en- 
 forcing existing laws. This statement of the Acting Chair- 
 man is undoubtedly correct, and the standard for butter, 
 which the Committee is now considering, must not contravene 
 the existing laws of the United States relating to butter, but 
 must be in conformity therewith. 
 
 It so happens that butter is one of the few foods, the com- 
 position of which has been specifically defined by an Act of 
 Congress. So also has been defined the various kinds of adul- 
 terated butter, and process or renovated butter. Further- 
 more there is another and later Act of Congress which, while 
 not defining specifically the composition of any food, does 
 lay down general rules and conditions, with which butter, 
 in common with all other foods which enter interstate com- 
 merce, must comply. The provisions of this general law are 
 somewhat broader than the laws in which the definitions of 
 composition of butter are found but there is no conflict, and 
 all three laws must be construed together in determining a 
 proper lawful standard for butter. (20 Ops. A. 0., 178-311. 
 30 Ops. A. 0., 164.) 
 
FEDERAL LAWS APPLICABLE TO BUTTER. 
 
 The law which specifically defines the composition of butter 
 is the Act of August 2, 1886 (24 Stat. L., 209). The law which 
 specifically defines adulterated and process or renovated but- 
 ter is the Act of May 9, 1902 (32 Stat. L., 196) ; and the law 
 which regulates butter in common with other foods, is the 
 Food and Drugs Act of June 30, 1906, (34 Stat. L., 768). 
 
 PURPOSE AND SCOPE OF BRIEF. 
 
 Since the Committee is concerned with the preparation of 
 a butter standard which must conform with the provisions of 
 these laws, it is obvious that the Committee is interested in 
 an examination of the statutory definitions and provisions 
 which the standard for butter may not contravene if it is to 
 have any force or effect. There are certain questions or 
 determinations of fact upon which the statutes in question 
 operate which it is essential the Committee shall consider, 
 and the effort is made in this brief to analyze the laws, and 
 fairly to present the questions of fact, in the hope that such 
 constructive material may be of some aid and assistance to 
 the Committee. 
 
 BUTTER UNDER THE FOOD AND DRUGS ACT. 
 
 Under this law butter is adulterated 
 
 (1) "If it is the product of a diseased animal" (Sec. 
 7. Sixth — In the case of food). 
 
 It is an undisputed fact that much of the butter purchased 
 on the market and eaten by our children and ourselves, con- 
 tains the active germs of bovine tuberculosis. This consti- 
 tutes a menace to the health and lives of the people. Such 
 butter is made from the milk and cream of cows affected with 
 tuberculosis. The infected milk or cream is not pasteurized 
 
and the bacilli are carried over into the butter, in which me- 
 dium they live and retain their virulence for months, capable 
 of producing the "white plague" in those who are so unfor- 
 tunate as to eat the infected fat. 
 
 The U. S. Bureau of Animal Industry estimates that ten 
 per cent, of all the Dairy Cows in the United States are af- 
 fected with bovine tuberculosis, and it is now generally ac- 
 cepted by scientists that bovine tuberculosis is responsible to 
 some extent for tuberculosis in the human family. Conclusive 
 experimental evidence has shown that tuberculous infection 
 in man is produced through eating food containing the active 
 bacilli of that disease. The British Royal Commission on 
 Human and Animal Tuberculosis concluded from its investi- 
 gation that cow's milk containing bovine tubercle bacilli is 
 clearly a cause of fatal tuberculosis in man, and that a very 
 large proportion of tuberculosis acquired by ingestion is due 
 to tubercle bacilli of bovine origin {Journal Royal Institute 
 of Public Health, Vol. 15). 
 
 The evidence upon this point is well summarized in an ar- 
 ticle by Dr. John B. Mohler of the United States Bureau of 
 Animal Industry, in Bulletin No. 56 of the U. S. Hygienic Lab- 
 oratory from which the following excerpt is taken : 
 
 "Since direct experiments upon human beings are out 
 of the question, the finding of the bovine type of tubercle 
 bacillus in human lesions is the most direct and positive 
 proof that tuberculosis of cattle is responsible for a cer- 
 tain amount of tuberculosis in the human family. Nu- 
 merous experiments with this object in view have already 
 proven this fact. Thus the German Commission on 
 Tuberculosis examined 56 different cultures of tubercle 
 bacilli of human origin and found 6 which were more 
 virulent than is usual for human tubercle bacilli, caus- 
 ing marked lesions of tuberculosis in the cattle inoculated 
 with them, and making over 10 per cent, of the cases 
 tested that were affected with a form of tuberculosis 
 which, by Koch's own method, must be classified as of 
 bovine origin. The bacilli, with the exception of a single 
 group, were all derived from the bodies of children under 
 
7 years of age, being taken from tubercular ulcers in the 
 intestines, the mesenteric glands, or from the lungs. 
 
 In a similar series of tests conducted by the British 
 Eoyal Commission on Tuberculosis, 60 cases of the dis- 
 ease in the human were tested, with the result that 14 
 cases were claimed by this commission to have been in- 
 fected from bovine sources. Ravenel reports that of 5 
 cases of tuberculosis in children 2 received their infec- 
 tion from cattle. Theobald Smith has estimated that 
 from 25 to 50 per cent, of the cases of human tuberculosis 
 starting in the cervical and mesenteric lymph glands are 
 bovine in origin, while Park has recently found 4 cases 
 of bovine infection out of 11 cases of generalized tuber- 
 culosis of infants, and 3 cases due to the bovine type of 
 bacillus out of 16 cases of tubercular adenitis. Of 4 cases 
 of generalized tuberculosis in children examined in the 
 Biochemic Division of the Bureau of Animal Industry 2 
 were found to be affected with very virulent organisms, 
 which warranted the conclusion that such children had 
 been infected from a bovine source. The pathological Di- 
 vision of the same Bureau has likewise, out of the 9 
 cases of infantile tuberculosis examined, obtained two cul- 
 tures of tubercle bacilli that could not be differentiated 
 from bovine cultures. In Europe so many similar in- 
 stances of bovine tubercle bacilli having been recovered 
 from human tissues are on record that it appears entirely 
 proven that man is susceptible to tuberculosis caused by 
 animal infections, and while the proportion of such cases 
 can not be decided with even approximate accuracy, it is 
 nevertheless incumbent upon us to recommend such mea- 
 sures as will guard against these sources of danger." 
 (pp. 503-4.) 
 
 The scientific authorities showing that butter made from 
 unpasteurized milk or cream, may, and often does, contain the 
 active bacilli of tuberculosis, are partially given in "Bacteriol- 
 ogy of Milk ' ' by Swinthinbank and Newman. On page 220 of 
 that publication, we find the following : 
 
 "The tubercle bacillus in butter. The products of 
 milk also become infected, as we have already pointed out. 
 Groening found that forty-seven per cent, of butter sam- 
 ples apparently contained tubercle bacilli. Again Ober- 
 miiller found virulent tubercle bacilli in each of fourteen 
 samples of butter, while Eabinowitsch, in 80 samples 
 
found no tubercle bacilli, but organisms similar in appear- 
 ance in 28.7 per cent. On another occasion she found 13 
 per cent, of butters examined contained the tubercle 
 bacillus. Petri found 32 per cent, of true tubercle 
 bacilli in butter. Korn found the true tubercle bacillus 
 in 23 per cent, of market butters in Freiburg. Hormann 
 and Morgenroth melted butter at thirty-seven degrees 
 and injected four to five c. c. into each of four guinea pigs 
 intraperitoneally. In some experiments the butter was 
 centrifugalized after melting, and the fat-free sediment 
 injected, with the object of introducing the infection as 
 free as possible from fat. With each sample four guinea 
 pigs were injected direct with the fluid butter, four with 
 a portion which had been incubated at 37 degrees for 
 twenty-four hours, and two with the sediment obtained on 
 centrifugalizing water in which the butter had been 
 washed. Of ten samples treated in this way three gave 
 entirely negative results, three disclosed the tubercular 
 organism which could be cultivated from the organs of the 
 test animals, and four gave results which were ambigu- 
 ous. Organisms similar to the tubercle bacillus were 
 recognized in several cases. So far as the experiments 
 went, they showed no advantage in centrifugalizing the 
 butter or incubating it before injection." (p. 220.) 
 
 From Bulletin 75 issued by the Department of Agriculture 
 
 of the State of Pennsylvania, entitled ' ' Tuberculosis of Cattle 
 
 and The Pennsylvania Plan for its Eepression" the following 
 
 is quoted: 
 
 "It has also been shown experimentally that tubercle 
 bacilli will retain their life in butter for upward of 120 
 days and in cheese for eleven months. Numerous observ- 
 ers, such as Obermiiller, Galtier, Heim, Laser, Bang, 
 Roth, G-roening, Gasperini and Petri, have shown that the 
 tubercle bacilli may be contained in all the products of 
 ■milk, cheese, butter, whey and skim milk. Several of 
 them have found the tubercle bacillus in butter bought 
 on the butter market. Others have taken milk, and from 
 it made the butter, and so forth, with which they did their 
 experiments, while others have taken good milk and in- 
 fected it artificially with pure cultures of the tubercle 
 bacillus, and from it made the products with which they 
 experimented. "We may, from these experiments, state 
 positively that butter, cheese and whey made from milk 
 
which contains tubercle bacilli, whether these bacilli come 
 direct from the diseased cow, or are added artificially, 
 will also contain germs and be virulent for animals." 
 (Chapter 3, pp. 69-70.) 
 
 To the same effect is the experimental evidence adduced 
 by Dr. Mohler of the U. S. Bureau of Animal Industry in sup- 
 port of his claim that "it is very evident that food products 
 made from milk without submitting it to lethal temperatures 
 during the process of manufacture must frequently harbor 
 virulent tubercle bacilli in undesirable numbers." Speaking 
 of butter in this connection, Dr. Mohler says: 
 
 "Butter made in the customary manner and stored un- 
 der the ordinary market conditions until time of sale, if 
 dangerous through the presence of tubercle bacilli at the 
 time of its manufacture, may retain its virulence through 
 several months. This statement has been adequately 
 proved by two series of experiments recently performed 
 by the Bureau of Animal Industry." (Page 507 — Bulle- 
 tin 56 U. S. Hygienic Laboratory.) 
 
 In the 25th Annual Beport of the Bureau of Animal In- 
 dustry (1908) Schroeder in an article entitled "The Belation 
 of the Tuberculous Cow to Human Health" concludes, on the 
 authority of the experiments of Ravenel and others, that 
 "the passage of tubercle bacilli through the intestinal wall 
 into the body is facilitated while the digestion of fat in the 
 intestines is in progress." Based upon this premise Schroe- 
 der says : 
 
 "Hence fatty substances, such as cream and butter, 
 must be regarded as especially dangerous vehicles for 
 the introduction of tubercle bacilli into the body, and the 
 tendency of tubercle bacilli to cling or adhere to the 
 cream or fat globules of infected milk may have an im- 
 portant significance relative to their penetration through 
 and passage into the tissues of persons and animals." 
 (p. 132.) 
 
 Butter has been found upon the market which contains the 
 virulent bacilli of typhoid fever and other serious diseases. 
 That efficient pasteurization will destroy these bacilli and 
 
prevent the spread of disease is known to all bacteriologists 
 and is admitted by the dairy scientists. A single citation on 
 this point will suffice. 
 
 In "Principles and Practice of Buttermaking" by Larsen 
 and McKay, 2nd edition 1915, on page 184, the following state- 
 ment is made: 
 
 "It (pasteurization) destroys most of the germs. This 
 is important for two reasons. It destroys most of the 
 germs which affect the quality of the butter and it also de- 
 stroys the pathogenic germs thus preventing the spread 
 of diseases such as tuberculosis and typhoid fever, etc." 
 (p. 184.) 
 
 The italics are not the authors' but justification for giving 
 prominence to this statement of Messrs. Larsen and McKay 
 is found in the fact that Mr. McKay at the butter hearing be- 
 fore the Committee in Chicago raised the question whether it 
 was known that tuberculosis is spread by butter which con- 
 tains tubercle bacilli. The quotation from the text book, of 
 which Mr. McKay is one of the authors, seems to supply the 
 answer to the question. 
 
 The Secretary of Agriculture has recognized the danger 
 of spreading tuberculosis among man through eating butter 
 made from non-pasteurized milk and cream, and has used his 
 authority under the Meat Inspection Law to forbid the use of 
 such butter in the manufacture of U. S. Inspected and Passed 
 products. This order of the Secretary of Agriculture is 
 based on the premise that if such butter is used it may con- 
 taminate the inspected meat food product to the extent that 
 the finished article can not be pronounced by the U. S. In- 
 spector to be " sound, healthful, wholesome and fit for human 
 food." 
 
 On April 1, 1916, Dr. H. E. Barnard, State Food and Drug 
 Commissioner of Indiana, a member of the Committee, and 
 now Hoover Food Administrator for his State, issued an or- 
 der prohibiting the manufacture of butter from unpasteurized 
 cream. This order applied to all creameries and commercial 
 
dairies producing butter for general public sale. In issuing 
 the order, Dr. Barnard says it is necessary in order to make 
 all Indiana butter "surely safe." It is reasonable to suppose 
 that the Committee in denning "Standard" butter will con- 
 fine the definition to butter which is ' ' surely safe. ' ' 
 
 From the foregoing the following facts may be deduced as 
 established : 
 
 1. Butter made from non-pasteurized milk or cream 
 often contains the active bacilli of tuberculosis and other 
 diseases. 
 
 2. Such bacilli remain virulent for months. 
 
 3. The active tubercle bacilli found in the butter come 
 from milk and cream which is the product of cows dis- 
 eased with tuberculosis. 
 
 4. Eating such butter is the cause of some cases of 
 tuberculosis in the human family. 
 
 5. Pasteurization of the milk and cream destroys the 
 active bacilli. 
 
 6. The U. S. Department of Agriculture has officially 
 recognized the danger of the use of butter made from 
 non-pasteurized milk and cream. 
 
 7. In at least one State the Food Control Official has 
 prohibited the manufacture of butter for general sale 
 which is made from non-pasteurized milk or cream. 
 
 "When the Committee, with these facts before it, remembers 
 that the Food and Drugs Act of June 30, 1906, provides that 
 butter is adulterated "if it is the product of a diseased ani- 
 mal" it must be apparent without further argument that, in 
 framing the standard for butter, the Committee must refuse 
 to designate as "standard," any butter which is made from 
 non-pasteurized milk or cream, unless such milk or cream is 
 derived from a properly tuberculin tested, non-reacting herd. 
 
Deleterious Ingbedients, 
 
 Butter is also adulterated under the Food and Drugs Act 
 (2) "If it contain any added poisonous or other 
 added deleterious ingredient which may render such ar- 
 ticle injurious to health. " (Sec. 7. Fifth — In the case of 
 food.) 
 
 Butter is a manufactured product. It is made from the 
 ingredients specified in the Act of August 2, 1886, and as a 
 manufactured product all of the substances from which it is 
 made are "added" ingredients. This is in accord with the 
 decision of the Supreme Court of the United States in the 
 case of The United States v. Forty Barrels, etc., of Coca- 
 Cola (241 U. S., 995), with which all of the members of the 
 Committee are familiar. 
 
 It follows that if milk or cream, ingredients of butter, con- 
 tain the active virulent germs of typhoid fever, tuberculosis 
 and other diseases communicable to man through ingestion, 
 such infested milk or cream is "an added poisonous or other 
 added deleterious ingredient which may render such article 
 injurious to health" and the butter made from it is adulter- 
 ated under the Statute. This emphasizes the necessity for a 
 pasteurization requirement in the standard. 
 
 Whether butter containing lime or sodium carbonate or 
 other alkali used as an ingredient of its manufacture offends 
 against this subdivision of the Food and Drugs Act depends 
 upon whether the chemical so added is a "poisonous * * * or 
 * * * deleterious ingredient which" in the quantity used "may 
 render" the butter "injurious to health." Such chemicals 
 are certainly ingredients of the butter in which they are used 
 and, under the law as laid down by the Supreme Court of the 
 United States in the Coca-Cola case, they are as certainly 
 "added" ingredients. It only remains for the Committee to 
 apply the doctrine of amount laid down by the Supreme Court 
 of the United States in V. S. v. Lexington Mill and Elevator 
 Company (232 U. S., 399) and determine whether such added 
 
10 
 
 lime, or alkali is present in neutralized butter in amounts suffi- 
 cient that such butter may be rendered injurious to health. 
 
 Substitution, Abstraction, and Seduction of Strength. 
 
 Butter is adulterated under the Food and Drugs Act 
 
 (3) "If any substance has been mixed or packed with 
 it so as to reduce or lower or injuriously affect its qual- 
 ity or strength." (Sec. 7. First — In the case of food.) 
 
 or 
 
 (4) "If any substance has been substituted wholly or 
 in part for the article." (Sec. 7. Second — In the case 
 of food.) 
 
 or 
 
 (5) "If any valuable constituent of the article has 
 been wholly or in part abstracted. " (Sec. 7. Third — In 
 the case of food.) 
 
 The practice has grown up, of late years, of incorporating 
 abnormal quantities of water in butter, and of thus reduc- 
 ing the fat content which is the ingredient of food value, and 
 money value as well. Incidentally, excessive quantities of salt 
 and curd are sometimes incorporated in butter, with the ob- 
 ject of gaining weight by substituting these substances for 
 butter fat, all in distinct violation of provisions three and 
 four quoted above. These practices also amount to partial 
 abstraction of the only valuable ingredient in butter, viz., 
 butter fat, and constitute a violation of provision five above 
 quoted. These methods of manufacture or manipulation are 
 widespread and are the result of a definite campaign of educa- 
 tion of the buttermakers of the country as will be shown 
 in a subsequent chapter of this brief. It will be shown 
 also that these methods of manufacture which result in sub- 
 stances, viz., water, salt, and curd, "being mixed or packed" 
 with the butter "so as to reduce or lower or injuriously af- 
 fect its quality and strength" and a substitution for and ab- 
 straction of, a valuable ingredient, viz., butter fat, all in vio- 
 lation of the quoted provisions of the Food and Drugs Act, 
 also produce "adulterated butter" as defined in the Internal 
 Eevenue Statutes. 
 
11 
 
 Normal quantities of water, salt, and casein are legitimate 
 ingredients of butter, but when the amounts of these inex- 
 pensive ingredients are increased at the expense of a reduc- 
 tion in the amount of butter fat, the only valuable ingre- 
 dient, a violation of all the laws of the United States rela- 
 ting to butter has been committed and the offender is liable 
 to heavy fine or imprisonment under both the Food and 
 Drugs Act and the Internal Revenue Laws and any standard 
 promulgated by the Committee while the laws now in force 
 remain upon the books must recognize this fact. 
 
 Putridity ob Decomposition. 
 
 Butter is also adulterated under the Food and Drugs Act 
 
 (6) If it consists in whole or in part of a filthy 
 or putrid or decomposed substance (Sec. 7. Sixth — In 
 the case of food.) 
 
 It is within the knowledge of all who have given any at- 
 tention to butter making in the United States, within the last 
 decade, that enormous tonnage is produced from cream 
 which is euphoniously referred to as "No. 2 Cream," or as 
 "No. 3 Cream" the line of demarcation between the grades 
 seeming to exist, if at all, in the conscience of the butter 
 maker. Sometimes this cream is mentioned in official pub- 
 lications as "bad cream" and occasionally honest dairy 
 journals with the good of the dairy industry at heart, come 
 right out in the open and call a spade a spade by classing 
 such product as ' ' rotten cream. ' ' No one will deny that rotten, 
 decomposed cream is used by some creameries in the manu- 
 facture of butter. It is obvious that the use of such cream 
 is wrong and should be prevented. In a subsequent chapter 
 of this brief, the subject will be given some attention in con- 
 nection with the use of so-called neutralizers. It is suffi- 
 cient to say now that butter, made from cream which is 
 putrid, filthy, or decomposed within the meaning of that 
 portion of the Food and Drugs Act next above quoted, is 
 
12 
 
 adulterated butter and obviously the standard should ex- 
 clude it. 
 
 In a subsequent part of the brief, the attention of the Com- 
 mittee will be invited to the question of the use of neu- 
 tralizes under the provisions of the Food and Drugs Act. 
 The use of neutralizers in the manufacture of butter as af- 
 fected by the provisions of the Internal Revenue Law is the 
 subject of a subsequent chapter and it seems logical there 
 to treat as well the use of these substances under the Food 
 and Drugs Act, rather than under the present heading. 
 
 BUTTER UNDER THE INTERNAL REVENUE LAWS. 
 
 The Act of August 2, 1886. 
 
 Butter is expressly defined by the Act of Congress ap- 
 proved August 2, 1886, which reads as follows: 
 
 "That for the purpose of this act, the word butter 
 shall be understood to mean the food product usually 
 known as butter and which is made exclusively from 
 milk or cream or both, with or without common salt, and 
 with or without additional coloring matter" (24 Stat. L., 
 209). 
 
 While this statutory definition of butter remains on the 
 books, the Committee cannot adopt a definition or standard 
 of butter which is in conflict therewith, although in view of 
 the broader and more comprehensive provisions of the Food 
 and Drugs Act, the Committee may, and should if neces- 
 sary, broaden its definition to include those provisions. The 
 Secretary of Agriculture has recognized that this definition 
 of butter is controlling upon him in the enforcement of the 
 Food and Drugs Act by promulgating Food Inspection De- 
 cision 51, in which the Secretary said : 
 
 "The coloring of butter is specifically permitted in 
 the law of August 2, 1886 (24 Stat., 209), and the color- 
 ing of cheese in the law of June 6, 1896 (29 Stat., 253). 
 It is held by the department that the Food and Drugs 
 
13 
 
 Act does not repeal the provisions of the acts referred 
 to above and the addition of harmless color to these sub- 
 stances may be practiced as therein provided." 
 
 It follows, according to the Secretary of Agriculture, that 
 we have in the Act of Aug. 2, 1886, an authoritative defini- 
 tion or standard for butter, for guidance, so far as it goes, 
 of the officers concerned with the enforcement of the Food 
 and Drugs Act. 
 
 It will be noticed that the statute deals with ingredients, 
 and declares that the "food product" usually known as 
 "butter" is the food product made "exclusively" from 
 "milk or cream, or both, with or without common salt and 
 with or without additional coloring matter." The wording 
 of the law leaves no doubt but that Congress contemplated 
 that no food product is comprehended within the meaning of 
 the term "butter," if any substance whatever is used in 
 making it, other than milk, cream, salt and coloring matter. 
 If the language used in defining butter were less explicit, 
 reference to the debates in the House of Eepresentatives, 
 when the Act of May 9, 1902, was under discussion, shows 
 unmistakably that Congress contemplated that only milk, 
 cream, salt, and coloring matter could lawfully be used in the 
 manufacture of butter. Mr. Graff, speaking for the Com- 
 mittee on Agriculture, from which the measure was re- 
 ported, said : — 
 
 "First, it must be understood that we propose to im- 
 pose no restriction or tax upon pure butter under the 
 law, and the only pure butter that does exist is butter 
 that is made entirely and solely of pure milk and cream 
 with the necessarv salt and some coloration if desired" 
 (Cong. Record, Vol. 35, Part 5, Page 4589). 
 
 As will be shown hereafter, there is a considerable quan- 
 tity of butter manufactured in the United States in which 
 lime and other alkalies are used, in most cases in small quan- 
 tities, but in sufficient proportion to permit of their detec- 
 tion in the butter. The use of lime or other alkalies in the 
 
14 
 
 manufacture of butter is not contemplated by the definition 
 in the law. Hence, it is obvious that a food product in which 
 they are employed in the making is not "butter," as Con- 
 gress has defined it. This subject will receive more extended 
 consideration in the chapter of the brief devoted to neutral- 
 izes. 
 
 The Act of May 9, 1902. 
 
 The definition of butter given in the Act of Aug. 2, 1886, 
 supra, is expressly adopted by the Act of May 9, 1902 (32 
 Stat. L., 196) which also defines "Adulterated Butter" and 
 "Process or Renovated Butter." The provision of law 
 which defines "adulterated butter" and "process or reno- 
 vated butter," reads as follows: 
 
 "That for the purpose of this Act 'butter' is hereby 
 defined to mean an article of food as defined in 'An Act 
 defining butter, also imposing a tax upon and regu- 
 lating the manufacture, sale, importation, and exporta- 
 tion of oleomargarine,' approved August second, eight- 
 een hundred and eighty-six; that 'adulterated butter' 
 is hereby defined to mean a grade of butter produced 
 by mixing, reworking, rechurning in milk or cream, re- 
 fining, or in any way producing a uniform, purified, or 
 improved product from different lots or parcels of 
 melted or unmelted butter or butter fat, in which any 
 acid, alkali, chemical or any substance whatever is in- 
 troduced or used for the purpose or with the effect of 
 deodorizing or removing therefrom rancidity, or any 
 butter or butter fat with which there is mixed any sub- 
 stance foreign to butter as herein defined, with intent 
 or effect of cheapening in cost the product, or any but- 
 ter in the manufacture or manipulation of which any 
 process or material is used with intent or effect of caus- 
 ing the absorption of abnormal quantities of water, milk, 
 or cream; that 'process butter' or 'renovated butter' is 
 hereby defined to mean butter which has been subjected 
 to any process by which it is melted, clarified or re- 
 fined and made to resemble genuine butter, always ex- 
 cepting 'adulterated butter' as defined by this Act (32 
 Stat., 196). 
 
15 
 
 Process or Renovated Butter. 
 
 This law, it will be noticed, defines renovated butter. The 
 definition of the Statute has been adopted, explained and 
 enforced by the Secretary of Agriculture and the Secretary 
 of the Treasury in the joint Eegulation concerning Reno- 
 vated Butter. It is generally accepted and adhered to by 
 the trade, and undoubtedly will be accepted by the Committee. 
 
 Process or Renovated butter is made from the melted 
 butter fat described in the statute and becomes adulterated 
 butter if any acid, alkali, chemical or other substance is in- 
 troduced or used for the purpose, or with the effect of de- 
 odorizing or removing therefrom rancidity, or if there is 
 mixed with it any substance foreign to butter with intent or 
 effect of cheapening in cost of the product ; or if any process 
 or material is used with intent or effect of causing the absorp- 
 tion of abnormal quantities of water, milk, or cream. 
 
 Adulterated Butter. 
 
 The law recognizes three grades of butter, pure or genu- 
 ine butter, renovated or process butter, and adulterated but- 
 ter. Its object as disclosed by its provisions and the de- 
 bates in Congress is to maintain the reputation of pure but- 
 ter and safeguard the public from adulteration. To ac- 
 complish this object, all butter except genuine butter is 
 placed under internal revenue supervision. A distinction is 
 made in grades of butter that are not pure based primarily 
 upon whether chemicals have been used in making. When 
 chemicals are used for deodorization, or any material for- 
 eign to butter is used to cheapen it, the impure butter is 
 classified as "adulterated" and is liable to tax at ten cents 
 per pound. When no chemicals are used, and nothing to 
 cheapen its cost, the impure butter, if it does not fall with- 
 in any of the other specifications for "adulterated" butter, 
 is "renovated" or "process" butter, taxable at one-fourth 
 of one cent per pound. 
 
16 
 
 In determining the circumstances and conditions under 
 which butter is adulterated within the terms of this law, it 
 will help to a clearer understanding if we consider one by 
 one the various definitions of adulterated butter. Separat- 
 ing the statutory provision, we have : 
 
 (1) "Adulterated butter is * * * a grade of but- 
 ter produced by mixing, reworking, rechurning in milk 
 or cream, refining, or in any way producing a uniform, 
 purified, or improved product from different lots or 
 parcels of melted or unmelted butter or butter fat, in 
 which any acid, alkali, chemical or any substance what- 
 ever is introduced or used for the purpose or with the 
 effect of deodorizing or removing therefrom rancidity." 
 
 Unmelted Butter Fat Is Cream. 
 
 This first definition covers the manufacture in any way of 
 butter made from butter or butter fat in which the chemicals 
 named in the statute, or any other substance is used to de- 
 odorize or remove rancidity. This first definition plainly 
 covers not only reworked butter, but covers also the original 
 manufacture of butter from butter fat in the form of cream 
 in which any substance is used to deodorize or remove ran- 
 cidity. That this is the correct construction of the statute 
 is plain from the law itself which reads "melted or un- 
 melted butter or butter fat." One may make adulterated 
 butter from (1) melted butter, (2) unmelted butter, (3) 
 melted butter fat, or (4) unmelted butter fat, by introducing 
 any substance into such butter or butter fat which deodor- 
 izes it or removes rancidity. 
 
 It is within the knowledge of the Committee that a great 
 deal of butter is made in the United States from butter fat 
 in the form of cream gathered from the surrounding coun- 
 try and delivered at the creamery "in different lots or par- 
 cels." This cream is purchased by the creamery solely on 
 account of the butter fat which it contains and is paid for 
 on the basis of the content of butter fat. 
 
17 
 
 It is the "unmelted butter fat" described by the statute. 
 That the term "butter fat" as a material for the manu- 
 facture of butter is synonymous with cream is recognized 
 by the writers on dairy subjects. In his work entitled 
 "Manual of Milk Products" (1917), William A. Stocking, 
 Professor of Dairy Industry at Cornell University, says, 
 "Milk-fat, also called butter fat, is not a single chemical 
 compound, etc.," (p. 20) thus denning milk fat and butter 
 fat as synonymous, and on page 225 this author says, "For 
 butter making the milk fat is removed from the milk in the 
 form of cream" or in other words, cream is the form in 
 which butter fat is removed from the milk for the purpose 
 of making butter. Professor Stewart, in his Dairyman's 
 Manual (1911) on page 209, says "Cream is simply the but- 
 ter globules of the milk gathered into adherent masses, to- 
 gether with a small quantity of the milk held by molecular 
 attraction among and between the fat globules." 
 
 In Bulletin 164 of the U. S. Bureau of Labor Statistics, it 
 is said: 
 
 "The farmer in selling his milk or cream to a cream- 
 ery generally is paid a price per pound for the butter 
 fat delivered, the amount of butter fat being determined 
 by weighing the milk or cream, testing a sample of it to 
 ascertain the per cent, of butter fat, and then comput- 
 ing the amount of butter fat in the quantity delivered. 
 The other elements of the milk or cream are seldom con- 
 sidered in the sale" (p. 6). 
 and in the same Bulletin: 
 
 "The primary constituent of butter is butter fat and 
 this butter fat is the element in the cream or milk sold 
 by the farmer that is considered in the price he re- 
 ceives, though in some cases the skim milk and the 
 buttermilk are returned to him. Butter fat is the pure 
 oil contained in milk, cream, or butter" (p. 11). 
 
 In the Official Bulletin of November 1, 1917, in an article , 
 telling of the closing of the Elgin Butter Board at the re- 
 quest of Mr. Hoover, the distinction between butter and but- 
 
18 
 
 ter fat in common nomenclature is very clearly illustrated. 
 
 The article says: 
 
 ' ' For many years the quotations established for cream- 
 ery butter and butter fat were the basis on which cream- 
 eries generally sold their butter and purchased their 
 butter fat." 
 
 The term "butter-fat" as used in the law must be given 
 some meaning and effect, as contradistinguished from the 
 word "butter." The Congress has said that adulterated 
 butter may be made from (1) melted butter, (2) unmelted 
 butter, (3) melted butter fat, (4) unmelted butter fat. A 
 proper construction will give effect to each of these four 
 substances named in the Statute. Pure butter fat is the but- 
 ter oil. It is found in each and all of the four substances 
 named and is the same chemical compound no matter where 
 it is found. When unmelted butter is used as a material 
 from which to manufacture adulterated butter, there is pres- 
 ent in addition to pure butter oil, the other ingredients 
 which were originally incorporated in the butter; when 
 melted butter is the material, in addition to butter oil the 
 same ingredients are present as in the case of unmelted but- 
 ter, but they differ in proportion on account of the beat to 
 which they have been subjected; when melted butter-fat is 
 used there is nothing present but the pure butter oil, which 
 is obtained by melting butter, skimming, settling, cooling, 
 aerating, etc. This product is familiar to every manufac- 
 turer of renovated butter. If in the further process of 
 manufacture any substance whatever is introduced to de- 
 odorize or remove rancidity or to incorporate abnormal 
 quantities of water, the product is adulterated butter ; if not 
 it is process or renovated butter. This still leaves one ma- 
 terial unaccounted for, out of which the law says adulter- 
 ated butter may be made — Unmelted butter fat — There is 
 none on the market and no one ever heard of it as an in- 
 gredient in the manufacture of butter except in the shape 
 of milk or cream, usually cream which, in the words of Pro- 
 
19 
 
 fessor Stewart previously quoted, is the butter fat of the 
 milk gathered into adherent masses plus a small quantity 
 of the milk held between the fat globules. 
 
 The view that this is the correct construction of the law 
 is strengthened by consideration of the fact that the Com- 
 mittee of Congress charged with the consideration of the 
 bill which was enacted into the law now under discussion, 
 recommended that the word "butter fat" be added to the 
 definition (Report by Mr. Henry H. R., Report 1602 — 57th 
 Congress, 1st session). It is apparent therefore that Con- 
 gress intended to cover the manufacture of adulterated but- 
 ter from butter-fat as well as from butter. To remove any 
 doubt which might otherwise exist as to whether all but- 
 ter fat whether melted or unmelted is comprehended by the 
 definition, it is only necessary to recall, when the bill in ques- 
 tion was on its passage in the house, that it was discovered, 
 through error, a comma intervened between the word "but- 
 ter" and the words "or butter fat." If enacted into law in 
 that form, the phrase "melted or nnmelted" would modify 
 only the word "butter," instead of both "butter," and "but- 
 ter fat." To cure this error the Member of Congress in 
 charge of the bill moved an amendment removing the comma 
 after the word butter and placing a comma after the word 
 butter fat (Vol. 35 Cong. Record, P. 4528). 
 
 Rancid Butter Fat. 
 
 Some of the unmelted butter fat, in the form of cream, 
 which is delivered to the creameries "in different lots or 
 parcels" from many sources has become rancid or odorifer- 
 ous. It is the "No. 2 cream," the "bad cream," or the "rot- 
 ten cream" concerning which those dairymen who are in- 
 terested in the regeneration of the creamery industry write 
 so many articles and condemn so bitterly. It is common 
 practice for the butter maker to add chemicals, such as lime 
 or sodium carbonate, or other alkaline salts to these differ- 
 
20 
 
 ent lots or parcels of unmelted butter fat. The purpose of 
 this addition is to reduce the acidity of the butter fat, which 
 is then pasteurized, ripened and churned into butter. The 
 lime, or other neutralizer is one of the ingredients from 
 which the butter is made, and it is carried over into the but- 
 ter, in small quantities usually, it is true, but in some in- 
 stances in large enough quantities to burn the mouths of 
 those who taste the neutralized butter. The presence of the 
 added lime in the butter can be detected by methods which 
 have received indorsement and publication by the U. S. De- 
 partment of Agriculture. 
 
 It is certain that under the first definition of "adulterated 
 butter" in the Act of May 9, 1902, the use of lime or other 
 alkali in the unmelted butter fat in the form of cream, as a 
 step in manufacture, produces adulterated butter, if the lime 
 or other chemical "is introduced or used for the purpose or 
 with the effect of deodorizing or removing rancidity." 
 Such butter falls within the following words of the statutory 
 definition : 
 
 "in any way producing a uniform, purified or improved 
 product from different lots or parcels of " * * un- 
 melted * * * butter fat in which any acid, alkali, 
 chemical or any substance whatever is introduced or 
 used for the purpose or with the effect of deodorizing 
 or removing therefrom rancidity" (Act May 9, 1902). 
 
 There can be ho doubt that adulterated butter is produced 
 if the purpose or effect of the chemical is to deodorize or re- 
 move rancidity and the standard should so provide. 
 
 The interesting questions remain, in view of the provisions 
 of the Food and Drugs Act, and the limitation of ingredients 
 of butter imposed by the Act of August 2, 1886 {ante), 
 whether lime or other alkaline neutralizers may lawfully be 
 used in the manufacture of butter even when the purpose or 
 effect of such use is not to deodorize or remove rancidity, 
 and, if their use is at all permissible, whether the product in 
 which they are used must be labeled to inform the con- 
 
21 
 
 sumer. These questions will be discussed in a subsequent 
 chapter of this brief dealing with neutralizers. 
 
 Substances Foreign to Butter. 
 
 (2) The second class of butter classed as adulterated by 
 the Statute is 
 
 "Any butter or butter fat with which there is mixed 
 any substance foreign to butter as herein defined, with 
 intent or effect of cheapening in cost the product." 
 
 This second definition also comprehends both butter and 
 butter fat as materials from which adulterated butter is 
 made. If the effect of lime, or of sodium carbonate or other 
 chemical added to the butter or butter fat is to cheapen it in 
 cost, the butter so produced is adulterated. Notice should be 
 taken of the sharp distinction in this definition between 
 "butter" and "butter fat." Substcmces foreign to butter, 
 not substances foreign to butter fat, are described. If there 
 is anything used to cheapen the butter except milk or cream 
 or both, with or without common salt or coloring matter, 
 which are the only substances not foreign to butter as de- 
 fined in the Act of August 2, 1886, then the butter is adulter- 
 ated. Lime, sodium carbonate, etc., certainly are foreign to 
 the statutory definition of butter. Are they used in butter 
 or butter fat with the intent or effect of cheapening the cost 
 of the product? This is a question of fact for the Committee 
 to determine, and undoubtedly if not already in progress, an 
 investigation of this question should be begun. 
 
 Abnormal, Quantities of Moisture. 
 
 (3) The third class of butter classed by the Statute as 
 
 "adulterated butter" is: 
 
 "Any butter in the manufacture or manipulation of 
 which any process or material is used with intent or ef- 
 fect of causing the absorption of abnormal quantities of 
 water, milk or cream." 
 
 It will be observed that this third and last statutory defi- 
 
22 
 
 nition of adulterated butter deals with the process and the 
 material used in manufacture. If any process or material is 
 used with the intent or effect of incorporating in the butter 
 abnormal quantities of water, milk or cream, the result is 
 adulterated butter, no matter ivhat otherwise may be the 
 composition of the. finished product. The important question 
 arises, what is the normal quantity of water, milk, or cream, 
 or as it will be called hereafter, the normal moisture con- 
 tent, of butter. The laws of some foreign nations fix 16 
 per cent, as the limit of moisture in butter. The laws of 
 some of the states are of the same tenor. The Commissioner 
 of Internal Revenue has attempted to fix a limit of less than 
 16 per cent, moisture in butter by promulgating a regulation 
 to the effect that butter having 16 per cent, or more of moist- 
 ure contains an abnormal quantity and is therefore classed 
 as adulterated butter; but it would seem, according to the 
 weight of authority as will be shown hereafter, that this 
 regulation does not go far enough because it ignores the 
 "process or material" provision of the law, and that the 
 real question under this portion of the law in any particu- 
 lar case is this — "Was any process or material used in the 
 manufacture of this butter with intent or effect of produc- 
 ing an abnormal moisture content? — In other words, as a 
 learned United States Judge decided in a recent case, the 
 determining factor whether butter is adulterated under the 
 Act of May 9, 1902 "is not any particular percentage of 
 moisture but the means and intent by which moisture is in- 
 creased" (Henningsen Produce Co. v. Whaley, 238 Fed., 
 650). 
 
 It would seem that the Committee, in framing a stand- 
 ard for butter, must be careful to exclude from the defini- 
 tion any product, which, under the subdivision of the law 
 now under discussion, is plainly adulterated butter. It is 
 manifest that if such an erroneous standard were promul- 
 gated it would fly in the face of the Act of Congress and 
 
23 
 
 would therefore be null and void. Furthermore it might 
 cloud the issue and embarrass a co-ordinate branch of the 
 Government in its attempt at some future time to collect the 
 tax upon such adulterated butter. 
 
 In this connection, it should be remembered that normal 
 moisture content of butter at the time the law was enacted 
 is not apt to be shown by analyses of samples now found 
 upon the market. During the past few years, there has been 
 a systematic campaign of education of the butter makers 
 of the country to teach them to use methods which will pro- 
 duce butter containing as nearly as possible 16 per cent, 
 moisture content. Eminent dairy instructors have, through 
 the medium of their colleges, and in the columns of the 
 dairy press, as well as by their professional writings, taught 
 the butter makers of the country to manufacture butter 
 which the law, as interpreted by the United States Court, 
 says is adulterated butter. 
 
 It is perhaps needless to say that these dairy instructors 
 are law abiding men and would not knowingly counsel any 
 one to violate the law of the land. Doubtless they were mis- 
 led by the regulation of the Commissioner of Internal Eev- 
 enue which seemed to permit any amount under 16 per cent, 
 moisture in butter, without regard to what processes or 
 materials of manufacture were used. Getting the maximum 
 overrun, a polite phrase for using methods of manufacture 
 which will put as much water in the butter, as the erroneous 
 interpretation of the law seemed to allow, to say nothing of 
 excessive salt and curd, became the aim of a majority of the 
 butter makers. This was only the natural result of the 16 
 per cent, moisture regulation, which in effect said to the 
 butter maker "Go ahead and incorporate water in your but- 
 ter, using any process or materials you please. You may 
 sell the water at the butter price ; but if you get 16 per cent. 
 or more of water in the butter you must pay a tax." This 
 condition produced a sporting competition; if by abnormal 
 
24 
 
 processes of manufacture, the butter maker produced butter 
 containing 15.9 per cent, of water, where normal methods 
 would give only 12 per cent, or 13 per cent., he sold the ex- 
 tra water at the price of butter and thereby fattened his 
 pocket book by the increased percentage ; but if he used the 
 same processes and materials and as a result incorporated 
 16 per cent, or more of moisture, he was haled before the duly 
 constituted authorities and heavily penalized. Is it any 
 wonder that the butter makers have come to look with af- 
 fection upon the men who have been teaching them how to 
 come up to the line and yet not overstep it, or that a United 
 States Judge in passing upon this very question should have 
 said in a recent case — 
 
 "From the evidence it appears the regulation is re- 
 sponsible for startling consequences. Manufacturers 
 take advantage of it to deliberately increase moisture, 
 it may be from less than one up to three per cent, and 
 more, to a point short of the regulation's sixteen per 
 cent. It follows a tremendous amount of water is sold 
 at butter prices, doubtless aggregating millions of dol- 
 lars annually, which would not be but for the license 
 seen in the regulation — a curious and injurious result 
 from administration of a beneficial law." (Henningsen 
 Produce Co. v. Whaley, 238 Fed., 652.) 
 
 There were a few of the leaders in the dairy world who 
 protested against the new methods, and claimed that the 
 maximum overrun — excessive moisture, salt, and curd — was 
 being obtained only at the expense of flavor, keeping quali- 
 ties, and good business ethics. 
 
 Campaign to Sell Water fob Butter. 
 
 This campaign to increase water in butter was con- 
 ducted deliberately, openly, and publicly, right in the teeth 
 of a law of the United States which says butter is adulter- 
 ated if "any process or material is used with intent or ef- 
 fect of causing absorption of abnormal quantities of water." 
 It has been a successful campaign and as a result the pub- 
 
25 
 
 lie has been made to pay the butter price for millions upon 
 millions of extra pounds of incorporated water. 
 
 The processes of manufacture which incorporate ab- 
 normal quantities of moisture are many and varied. They 
 will be described, in part at least, in a subsequent chapter 
 of this brief. 
 
 The Committee may very naturally ask what is the nor- 
 mal moisture content of butter. Before a determination 
 can be made in a particular case whether the moisture is 
 abnormal in quantity the normal must be known. There are 
 considerable reliable official data on this point to which 
 reference will be made hereinafter, but in framing a stand- 
 ard for butter, no matter how desirable it may seem from the 
 standpoint of practical enforcement to have a definite maxi- 
 mum moisture content as the sole measure of butter adulter- 
 ated with water, it must be borne in mind that, as the In- 
 ternal Revenue Law stands to-day no legal maximum per- 
 centage alone can be fixed as a standard for the reason that 
 the test under the Act of May, 1902, is process or material 
 used, in addition to abnormal quantities of moisture. 
 
 THE NORMAL MOISTURE CONTENT OF BUTTER. 
 
 ANY PROCESS OR MATERIAL, IS USED WITH INTENT OR EFFECT OF 
 CAUSING THE ABSORPTION OF ARNORMAL QUANTITIES OF MOIST- 
 URE" IS ADULTERATED BUTTER. (Act of May 9, 1902.) 
 
 With this law governing its action, the Committee must 
 determine as a practical matter, it would seem, what is the 
 process of making butter when nothing is done for the pur- 
 pose or with the effect of increasing the absorption of moist- 
 ure and what is the amount of moisture in butter made by 
 such process, for when the Committee shall have satisfied it- 
 self on these points it will then be able to decide 
 what are "abnormal quantities of moisture." Under 
 
26 
 
 this section of the law not all butter which contains 
 abnormal quantities of moisture is adulterated; only 
 that butter is adulterated in which the abnormal quan- 
 tity of moisture is produced "in the manufacture or 
 manipulation of which any process or material is used with 
 the intent or effect of causing the absorption of abnormal 
 quantities of moisture." Stated in other words, butter un- 
 der this provision of the Internal Revenue Law is adulter- 
 ated only when two things concur, i. e. (1) abnormal moisture 
 and (2) process or material in manufacture or manipulation 
 used with intent or effect of incorporating abnormal mois- 
 ture {Henningsen Produce Co. v. Whaley, 238 Fed., 630). It 
 is true that the provisions in the Food and Drugs Act regard- 
 ing adulteration by substituting, or abstracting a valuable 
 constituent, such as butter fat, or reducing or lowering the 
 quality or strength, are somewhat more inclusive than the 
 terms of the revenue law, and butter containing greatly ab- 
 normal quantities of moisture might be held to be adulter- 
 ated under the Food and Drugs Act without reference to proc- 
 esses or materials of manufacture or manipulation, but this 
 is not true under the revenue law, and the standard fixed by 
 the Committee should be broad enough to cover butter which 
 is adulterated under any law of the United States. 
 
 The question as to what is the normal composition of 
 American creamery butter, is not new. It has received 
 careful consideration at the hands of eminent authorities. 
 The Committee does not need to depend altogether upon the 
 work of private investigators, for National as well as State 
 Officials have given the subject painstaking attention over 
 a number of years. 
 
 The law prohibiting the incorporation in butter of abnor- 
 mal quantities of moisture, under penalty of a tax, was en- 
 acted as we have seen in the Spring of 1902. It thus becomes 
 important to know what was the normal moisture content of 
 butter at that time, for it is apparent that the normal mois- 
 
27 
 
 ture content at the time the law was passed is an important 
 factor in determining what constitutes "abnormal quan- 
 tities of moisture," within the meaning of that phrase as 
 used in the law. 
 
 Official Moisture Tests. 
 
 In 1902, the year the adulterated butter law was passed, 
 the U. S. Bureau of Animal Industry published the analyses 
 of 802 samples of creamery butter from 400 different cream- 
 eries located in 18 states. The average water content was 
 11.78 per cent. (Circular 39, U. S. Bureau, of Animal In- 
 dustry.) The Dairy Division of the Bureau of Animal In- 
 dustry has also published the result of moisture tests made 
 on butter purchased in 1907. The tests were made by Fry- 
 hofer on 828 samples purchased in the New York market and 
 showed an average moisture content of 13.72 per cent, and 
 an average fat content of 170 samples of 82.35 per cent. 
 Lee and Barnhart of the Illinois Experiment Station, in 1909 
 made extensive analyses of the moisture content of butter 
 with the following result, as printed in Bulletin 139 of the 
 Illinois Experiment Station: 
 
 "Average composition of 574 samples of market but- 
 ter collected for a period of one year, beginning March, 
 1907, was: Water, 13.54; fat, 83.20; salt, 2.25; and 
 casein and ash, 0.90 per cent. 
 
 There was no difference in the composition of butter 
 caused by the season of the year, the State where it was 
 made, of the dealer by whom it was handled. 
 
 Average composition of 60 samples of 'convention 
 Butter' was: Water, 12.54; fat, 84.65; salt, 1.77; and 
 casein and ash, 1.02 per cent." 
 
 The most recent and authoritative detailed studies of the 
 normal composition of American creamery butter are to be 
 found in Bulletin 149 of the Bureau of Animal Industry, U. 
 S. Department of Agriculture published in 1907. The sam- 
 ples 695 in number are representative; they were intelli- 
 
28 
 
 gently collected; they were of known origin; and it is evi- 
 dent that the analytical work was carefully performed. 
 The average moisture content of 695 samples was 13.90 per 
 cent., and the average fat content was 82.41 per cent., salt 2.51 
 per cent, and curd 1.18 per cent. Tables are given showing the 
 churn records, including temperature at time of churning, 
 temperature of wash water, time of working, extent of wash- 
 ing, and other data from which it will be interesting for the 
 Committee to deduce just how the various "abnormalities" 
 were produced. Space forbids the inclusion of these data 
 but a mere reference to one or two of the most striking 
 points may not be amiss. 
 
 There were 124 samples which ran 84 per cent, of fat or 
 over, the average of this class being 84.78 per cent. The 
 average water content of this class was 12.45 per cent. 
 Samples to the number of 130 were found to contain less than 
 81 per cent, fat, the average of this class being 79.77 per cent, 
 fat and 15.32 per cent, water. The third class consisted of 
 370 samples having 81 to 84 per cent, butter fat, and these 
 samples gave an average of 82.55 per cent, fat and 13.85 per 
 cent, water. The curd and salt as well as the water in the 
 2nd class of low butter fat samples ran very much higher 
 than in either of the two other classes. These results sup- 
 ply a good argument for those who contend that, if a butter 
 standard regulates the fat content, and fixes it sufficiently 
 high, the water, salt and curd contents will take care of 
 themselves. This argument is strengthened by an exami- 
 nation of tables 8 and 9 in this bulletin. 
 
 Table 3 of the bulletin shows only a small variation in com- 
 position and proportions among the samples taken at dif- 
 ferent seasons of the year, the samples taken during the 
 Spring months containing a fraction of a per cent, more 
 fat. Table 4, shows that the size of the granules of butter 
 when the churning is completed has an effect on the mois- 
 ture content. When the granules were small the average 
 
29 
 
 moisture content of 224 samples was 13.66 per cent, and 
 when the granules were large the moisture content of 102 
 samples was 14.20 per cent. 
 
 The average of temperature in churning is shown as be- 
 tween ,50° F. and 66° F. and the temperature of the wash 
 waters varies between 42° F. and 72° F. 
 
 There are three tables in this bulletin to which it is well 
 worth while for the Committee to give its attention. On this 
 question of moisture control through manipulation of churn- 
 ing they are very informing, and when studied and com- 
 pared they will leave no doubt in the minds of the Commit- 
 tee that "processes" are used to incorporate abnormal 
 quantities of moisture in butter. 
 
 "Table 10. — Churning conditions of all samples containing 84 per cent, fat 
 
 or more. 
 
 Temperature of wash water: 
 
 Highest °F. . 68 
 
 Lowest °F.. 43 
 
 Average °F. . 57 
 
 Revolutions in wash water: 
 
 Highest 50 
 
 Lowest 2 
 
 Average 11 . 5 
 
 Revolutions in wash water (rollers 
 in gear), 11 samples: 
 
 Highest 25 
 
 Lowest 2 
 
 Number of revolutions worked : 
 
 Highest 120 
 
 Lowest 9 
 
 Average 20.8 
 
 124 
 
 Average fat content of cream 
 
 
 
 28.04 
 
 Average acidity of cream 
 
 
 
 .51 
 
 Churning temperatures : 
 
 
 Highest °F.. 
 
 63 
 
 
 48 
 
 
 57.1 
 
 Length of time churned : 
 
 
 Highest minutes.. 
 
 120 
 
 Lowest do 
 
 10 
 
 Average .... do 
 
 46.1 
 
 Size of granules : 
 
 
 Small samples . . 
 
 60 
 
 Medium do 
 
 50 
 
 Large do 
 
 13 
 
 
 1 
 
30 
 
 "Table 11. — Churning conditions of all samples containing less than 81 
 
 per cent. fat. 
 
 Temperature of wash water : 
 
 Highest °F.. 68 
 
 Lowest °F. . 48 
 
 Average °F.. 57 
 
 Revolutions in wash water : 
 
 Highest 82 
 
 Lowest 2 
 
 Average 19 . 4 
 
 Revolutions in wash water (rollers 
 in gear), 32 samples: 
 
 Highest 15 
 
 Lowest 2 
 
 Number of revolutions worked : 
 
 Highest 105 
 
 Lowest 3 
 
 Average 21 . 1 
 
 Average fat content of cream 
 
 
 churned percent.. 
 
 27.8 
 
 Average acidity of cream 
 
 
 
 .503 
 
 Churning temperature: 
 
 
 Highest °F. . 
 
 84 
 
 
 48 
 
 Average °F. . 
 
 56.6 
 
 Length of time churned : 
 
 
 Highest . ...minutes.. 
 
 330 
 
 Lowest do 
 
 20 
 
 Average do 
 
 53.6 
 
 Size of Granules : 
 
 
 Small samples.. 
 
 41 
 
 Medium do 
 
 56 
 
 Large do 
 
 30 
 
 Not given .... do 
 
 3 
 
 130 
 (30 samples showed 16 per cent, or more of water.) 
 
 "Table 12. — Churning averages of samples having 81 to S4 per cent, of fat. 
 
 Fat test of cream churned, 
 per cent 28.01 
 
 Acidity of cream churned, 
 per cent .535 
 
 Time churned, minutes 45.9 
 
 Temperature at which 
 churned, °F 56. S 
 
 Granules of butter : 
 
 Small 130 
 
 Medium 176 
 
 Granules of butter — Continued : 
 
 Large 62 
 
 Not given 2 
 
 370 
 Temperature of wash water 
 
 °F 57.3 
 
 Revolutions in wash water.. 14.2 
 Revolutions in wash water 
 (rollers in gear, 59 sam- 
 ples) 10. S 
 
 Number of revolutions 
 
 worked 19.94" 
 
 VIEWS OF DAIRY SCIENTISTS ON MOISTURE CON- 
 TENT. 
 
 A review of the principal literature on the subject of but- 
 ter making shows that the dairy writers are in substantial 
 agreement with the official investigators on the normal mois- 
 ture content of butter. All recognize the intimate connection 
 between quantity of fat and quantity of water, and all agree 
 that the amount of water in butter has been increased sub- 
 stantially during recent years. Some of the dairy writers 
 
31 
 
 frankly concede that this increase in moisture is due to manip- 
 ulation. In the succeeding pages an effort will be made to 
 show that the increase in the water content of butter is due 
 to a carefully planned, deliberately and intelligently ex- 
 ecuted campaign of education of the butter makers of the 
 country; that these men have been taught how to manipulate 
 the churn, control temperature, etc., and to test for moisture 
 in the churn, all with the purpose of increasing the water 
 content of their butter from the normal to as close to 16 per 
 cent, as safety will permit. 
 
 On the subject of the water content of butter Professor 
 Snyder in his Dairy Chemistry (1905) says, "average butter 
 contains about 10£ per cent, of water (p. 69). This author 
 also observes that "an excess of water is due either to poor 
 methods of butter making or to intentional incorporation of 
 water to increase weight" (p. 69). "The amount of fat in 
 butter ranges from 80 per cent, to 90 per cent., average but- 
 ter containing about 85 per cent. The fat varies with the 
 water content, those butters which contain the most water con- 
 tain the least fat and butters with the highest fat content con- 
 tain the least water" (p. 70). 
 
 Professor C. L. Peck says in "Profitable Dairying," (1906- 
 11): 
 
 "Standard butter of to-day contains about 83 per cent, 
 of butter fat, 12 per cent, to 14 per cent, of pure water 
 and salt, and the balance casein, ash, and other material. 
 In the old process by the time the buttermilk was worked 
 out most of the ivater was also gone, so that it took about 
 ten pounds more of butter fat to make a hundred- 
 weight of butter than it does to-day" (p. 114). 
 
 In 1909 Professor Publow published his little book entitled 
 ' ' Questions and Answers on Butter Making. ' ' Although small 
 in volume, the work is entitled to consideration by the Com- 
 mittee as one of the really serious efforts to educate the 
 butter makers of the country in the up-to-date methods of 
 incorporating abnormal moisture. On page 44, Professor 
 
32 
 
 Publow gives the average composition of butter as, fat 84 
 per cent., water 12.73 per cent., curd 1.3 per cent, salt and ash 
 1.97 per cent., but this information is preceded by much 
 information for the butter maker as to processes which will 
 enable him to incorporate more water. 
 
 On page 30, Publow says, "If the granules are too firm or 
 too cold too much water is lost from the butter in working, 
 decreasing the overrun." On page 34 the author says, "one 
 of the effects of churning cream too long is the danger of in- 
 corporating too much moisture in the butter," and on page 
 37, the effect of using too cold water is "it lessens the 
 moisture content of the butter" and the effect of using too 
 warm water is "it tends to increase the moisture content of 
 the butter," and the effect of excessive washing of butter is 
 "if the water is warm it increases the moisture content of 
 the butter." On page 38 the author tabulates as follows the 
 conditions which affect the moisture content of butter. "1. 
 Eichness of the cream. 2. Temperature of the cream and 
 wash water. 3. Size of butter, granules. 4. Time allowed 
 butter in buttermilk and wash water. 5. Amount of work- 
 ing the butter receives. 6. Minor mechanical conditions." 
 Immediately after this summary of moisture factors occurs 
 the following: 
 
 "What is the maximum amount of moisture in butter 
 allowed by the laws of the United States ? 
 
 The moisture content of butter must be under 16 per 
 
 cent. ' ' 
 
 Surely the butter maker, with this material before him, 
 would be dumb indeed if he did not comprehend that there 
 are "processes" by which he might increase the water content 
 of his butter, and lest in the zeal of his newly acquired infor- 
 mation, he go too far, Professor Publow closes the subject 
 with the warning that the law requires moisture to be under 
 16 per cent. 
 
 In the "Dairymans Manual" by Professor Stewart pub- 
 lished in 1911, it is stated that butter contains about 10 per 
 
33 
 
 cent, or 12 per cent, moisture by weight. Larsen and White 
 
 in their "Dairy Technology" published in 1914, give the 
 
 moisture content as 13.78 per cent. The work on "Dairy 
 
 Chemistry" by Henry Droop Kichmond, 2nd Edition, 1914, 
 
 is in substantial accord with the other writers quoted on the 
 
 composition of butter and this author on page 308, adds the 
 
 following interesting data as to the substances which have 
 
 been added to butter to increase the moisture content. 
 
 "Various substances — rennet, pepsin, sodium car- 
 bonate, etc. — have been used to increase the yield of but- 
 ter; this effect is attained by increasing the water con- 
 tained in the butter * * * Casein to which sufficient alkali 
 is added to make it soluble, and often containing a little 
 gelatine, condensed milk, and milk powders are also 
 sometimes added to butter." (p. 308.) 
 
 Professor Martin H. Meyer in his book entitled "Butter 
 Making and Dairy Arithmetic," 4th edition, 1915, seems to 
 be actuated by an earnest desire to make the subject of water 
 incorporation so plain, "that he who runs may read," or, to 
 be more exact, so that he who reads may water. 
 
 This author in Chapter IX entitled, ' ' Controlling Moisture 
 in Butter," takes as his text, "In the consistency of the 
 butter fat lies the secret of controlling moisture in butter/' 
 and then preaches a delightfully frank and convincing ser- 
 mon. He says: 
 
 "The desired or required per cent, of moisture in but- 
 ter is very easily controlled when the fundamental prin- 
 ciples involved in the retention, expulsion, and incorpora- 
 tion of moisture are understood by the creameryman. 
 
 Butter can be manufactured with fairly uniform 
 moisture content, provided proper facilities for handling 
 the various processes are available. The butter maker 
 should so educate himself as to be able to meet unusual 
 conditions as they arise. He should acquaint himself with 
 all methods which affect the variations of the composition 
 of butter, especially with regard to increasing, retaining 
 and expelling moisture, (p. 116.) 
 
 The maximum per cent, of moisture allowed in butter 
 is 15.9 per cent., and this is fixed by federal law. This 
 
34 
 
 has created a tendency toward the manufacture of butter 
 of a more uniform composition, which is very desirable, 
 from an economic point of view. (p. 116.) 
 
 Moisture can be controlled. By a close application of 
 the principles affecting the retention and expulsion of 
 moisture it is possible to control moisture in butter uni- 
 formly and satisfactorily from day to day. This can be 
 done without employing any of the so-called 'abnormal 
 methods' in the manufacture of butter." (p. 117.) 
 
 On page 126 Professor Meyer summarizes the methods and 
 processes by which moisture in butter may be increased and 
 retained. He says: 
 
 "Retaining and increasing moisture in butter. 
 Moisture may be increased and retained in the following 
 ways : 
 
 I. By churning cream at a high temperature. 
 
 II. By overchurning. 
 
 III. By churning very rich cream. 
 
 IV. By washing with warm water and churning the 
 butter into lumps in the wash water. 
 
 V. By working butter in water and leaving water in 
 the churn while incorporating salt. 
 
 VI. By overworking butter in water. 
 
 VII. By churning cream very soon or at once after 
 cooling. ' ' 
 
 On the very next page he has a paragraph which tells 
 "How not to exceed the legal moisture limit," but it is in the 
 final paragraph in this Chapter that Professor Meyer advises 
 his readers of the most important factor in getting as much 
 water as possible into the butter, without getting 16 per cent. 
 He says, the large type being found in his book : 
 
 "Factors most necessary for controlling moisture. 
 Even though there are a great many conditions which af- 
 fect the per cent, of moisture in butter, there is no one 
 factor which affects the moisture to a greater extent than 
 a properly educated man at the churn. Next in im- 
 portance, are the temperatures applied and the methods 
 used. The kind of machinery used also plays an impor- 
 tant part in affecting the methods used in regmlating the 
 moisture content of butter. Such conditions as the season 
 of the year, the sort of feed the cows are fed, and the 
 
35 
 
 richness, age, and acidity of the cream, are of minor im- 
 portance and the effect of these conditions on the moisture, 
 content of butter can very easily be overcome by the op- 
 erator with good judgment. ' ' (pp. 132-3.) 
 
 "Creamery Butter Making" by Michels, Professor of 
 Dairying and Animal Husbandry in the New York State 
 School of Agriculture is a recognized dairy text, reaching its 
 8th edition in 1914. 
 
 This author very frankly admits and discusses the methods 
 by which the water normal to butter has been increased dur- 
 ing the past few years. On page 127, he says, italics not the 
 author's: 
 
 "Composition of the butter. Besides butter fat, butter 
 contains water, curd and salt, and, other conditions the 
 same, the greater the amount of non-fatty matter in butter 
 the greater the overrun. Water, being present in large 
 quantity and subject to considerable variation, very ap- 
 preciably affects the percentage of overrun. There has 
 been a tendency among creameries the past few years to 
 manipulate butter so as to increase its normal water 
 content and thereby increase the overrun, (p. 127A.) 
 
 The water in butter easily fluctuates between 10 and 
 15 per cent., and a good overrun can be obtained by keep- 
 ing it within the limits of 13 and 14 per cent. 
 
 Salt as a rule has little influence on the per cent, of 
 overrun because under normal conditions an increase in 
 the amount of salt usually results in a decrease in the 
 amount of water. Of course, where special methods of 
 manipulating the ivater content are resorted to, it is pos- 
 sible to increase the overrun by increasing the amount of 
 salt. 
 
 Curd is present in butter in very small quantities, and 
 its influence on the overrun is very slight." (p. 127B.) 
 
 On page 154, Professor Michels advises those butter makers 
 
 who desire to be on the safe side to make 15 per cent, their 
 
 limit. He says : 
 
 "The Buttermaker's Limit. While 16 per cent, water 
 is legally approachable, the buttermaker, to be on the 
 safe side, should make 15 per cent, his limit. To allow 
 one per cent, latitude for possible inaccuracies in making 
 water determinations is manifestly the least that can pos- 
 
36 
 
 sibly be allowed. Buttermakers who are striving to run 
 the water content up to within one-half or one-quarter per 
 cent, of the legal limit are constantly in danger of falling 
 into the clutches of the law." (p. 154.) 
 
 After laying this premise of 15 per cent, moisture at all 
 times, the Professor on the succeeding pages proceeds to 
 tell his readers in detail just how to secure the desired result, 
 or as he puts it on page 154, decreasing the production of 
 the butter described in the following words : 
 
 "There is also a great deal of butter on the market 
 which is unnecessarily low in water content. This means 
 a reduced yield in butter, and consequently places the 
 manufacturers of such butter at a disadvantage with com- 
 petitors who are obtaining normal yields." (p. 154.) 
 
 One of the clearest statements as to the proper water con- 
 tent of butter is found in the work on Dairying published 
 by that eminent authority John Prince Sheldon formerly pro- 
 fessor of Agriculture at the Royal Agricultural College, Ciren- 
 cester, and of Dairying at the College of Agriculture, Down- 
 ton. Professor Sheldon points out that moisture content of 
 butter above 12 per cent., and probably even above 10 per 
 cent., is "a matter of manipulation." On page 329, he states : 
 
 "The quantity beyond which butter may be fairly said 
 to be overloaded with water is now declared to be 16 per 
 cent. No one can justly say that this standard errs on 
 the side of severity; and, indeed, by many experts, a 
 standard of 12 per cent, would not have been considered 
 too low. And when we reflect that the inclusion of water 
 above 12 per cent., and probably even above 10 per cent., 
 is a matter depending on manipulation, it will appear that 
 16 per cent, is a very lenient standard. The principle in- 
 volved is wholly different from that which corresponds 
 to it in respect to a milk standard. Butter is a product 
 whose quality, in respect to surplus moisture, rests 
 wholly with the dairymaid. In respect to milk it rests 
 with the cow." (p. 329.) 
 
 One of the most striking and authoritative expositions of 
 the manner in which the campaign for more water in the but- 
 ter has been handled, and the result of this campaign in over- 
 
37 
 
 loading butter with water, is found in a publication from the 
 Columbia University Press, New York. The title is "The 
 Butter Industry in the United States" and the author is Ed- 
 ward Wiest Ph. D. of the University of Vermont, a State 
 famed for its dairy industry and the excellence of its dairy 
 products. On pages 33, 34, 35, Dr. Wiest states : 
 
 "During the last decade large creameries have attempt- 
 ed to increase the quantity of butter to be made from a 
 given amount of butter fat. The cream that is delivered 
 by the farmer contains a certain amount of fat determined 
 by testing. If butter contained nothing else but fat, the 
 finished product should amount to a little less than the 
 quantity of the butter fat in the cream after allowance 
 for wastage is made. In addition to the fat, however, the 
 butter contains water, casein or curd, milk sugar, and 
 other substances. Salt is also added. The presence of 
 these constituents in the butter makes the quantity of fin- 
 ished butter considerably greater than the amount of pure 
 fat that it contains. The more water and other substances 
 that can be added to the butter fat, the larger will be the 
 quantity of finished butter. The increase of the finished 
 product due to water and substances other than fat is 
 known as the 'overrun.' Expressed as a percentage, the 
 'overrun' is 'the per cent, which the weight of the con- 
 stituents other than butter fat is of the weight of the 
 fat in a given quantity of butter.' In large creameries 
 the amount to be gained from an increase of the 'over- 
 run' is very considerable, while in a small creamery the 
 gain is of iess importance. It was in the large central- 
 izers therefore, that this matter was given much attention. 
 These large plants get an 'overrun' of 21 to 24 per 
 cent., while for the average of ten small creameries in 
 1904 it was 12 or 13 per cent., increasing to 20 per cent, 
 by 1911. 
 
 The problem of increasing the 'overrun' was soon 
 taken up by various schools and state dairy commission- 
 ers, and was discussed in dairy conventions. The State 
 Dairy Commissioner of Iowa in 1905 urged creameries 
 and buttermakers to give this subject special attention, 
 pointing out that a difference of only 5 per cent, in the 
 'overrun' would amount to more than $110 a month for 
 the average creamery in Iowa. The Iowa State College 
 had made experiments showing that the 'overrun' could 
 
38 
 
 be increased to 25 per cent. This would reduce the per- 
 centage of fat in butter to about 80 per cent., which was 
 2 per cent, lower than the legal standard for butter in 
 many of the states. It would also bring the butter with- 
 in the meaning of adulterated butter under the federal 
 law, because the amount of water that normal butter may 
 contain according to a regulation made by the Internal 
 Eevenue Commissioner under the act of May 9th, 1902, 
 is 16 per cent. In Michigan the office of. the Dairy and 
 Food Commissioner endeavored, as related at the State 's 
 dairy convention, to secure an 'overrun' of 16 2/3 per 
 cent, for the creameries. 
 
 Eager to increase the profits of butter-making many 
 creameries increased the 'overrun' to the extent that 
 more than 16 per cent, of water was included. This led 
 to prosecutions, because the product was sold as ordinary 
 butter while according to the federal law it is classified 
 as adulterated butter upon which a tax of 10 cents a 
 pound must be paid and a special annual tax by the man- 
 -ufacturers and dealers selling the product. The Internal 
 Eevenue Commissioner finds it difficult to enforce the law, 
 and says it costs more to enforce it than is received as 
 revenue. He urgently recommends revision of this law, 
 therefore, on the ground that it is unsatisfactory from 
 both an administrative and revenue standpoint. The farm- 
 er and creamery should, of course, be allowed a rea- 
 sonable 'overrun,' but it does not seem fair to make the 
 consumer pay for an undue portion of water included in 
 the butter." (pp. 33-4-5.) 
 
 REPORT OF THE COMMISSIONER OF INTERNAL 
 
 REVENUE. 
 
 In the report for 1911, of the Commissioner of Internal 
 Revenue, it is pointed out that the legal standard for un- 
 adulterated butter should not be based on moisture content 
 but on fat content. He says : 
 
 "A sample of butter may show 78 per cent, of butter 
 fat, 6 per cent, curd, 1 per cent, solids (salt) and only 
 15 per cent, moisture, and be therefore legal butter: 
 Whereas another sample may show 83 per cent, butter fat, 
 no curd, one-half of 1 per cent, solids (salt) and 16^ per 
 
39 
 
 cent, moisture, and while a greatly better butter because 
 butter fat is what the consumer desires to buy is never- 
 theless adulterated under the law." (p. 20.) 
 
 If the Commissioner had said "adulterated under the reg- 
 ulation," instead of adulterated under the law, he would have 
 been nearer the truth. As a matter of fact the first butter 
 selected by the Commissioner as unadulterated butter was 
 probably adulterated under the statute because ' ' a process or 
 material" had been used to incorporate abnormal moisture 
 content. 
 
 As a matter of fact the Commissioner of Internal Eevenue, 
 as late as 1911, announced that the normal moisture content 
 of butter "made by the methods now employed" ranges from 
 11 to 14^ per cent. At the same time the Commissioner de- 
 clared that "it is evident that manufacturers can control the 
 moisture content in butter." These interesting declarations 
 are found in Treasury Decision 1679, dated March 3, 1911. 
 The Decision reads in part as follows : 
 
 "After a thorough investigation and a great number 
 of analyses of samples covering a long period of time, 
 this office is of the opinion that the normal moisture con- 
 tent in butter made by the methods now employed ranges 
 from 11 to 14|- per cent., and the margin between this and 
 the 16 per cent, limit fixed by the regulations under au- 
 thority of law is deemed amply sufficient to protect all 
 butter manufacturers against variations above the nor- 
 mal content. This opinion is borne out by the investi- 
 gations and conclusions of the Department of Agricul- 
 ture, which in recent years has superintended packing 
 hundreds of thousands of pounds of butter annually for 
 the United States Navy under contract specifying that 
 the moisture content shall not exceed 13 per cent., and this 
 specification has been complied with without difficulty on 
 the part of the contractors. 
 
 Therefore it is evident that manufacturers can control 
 the moisture content in butter, but in their effort to get 
 as near the limit as possible oftentimes exceed the same, 
 and thereupon set up the claim that it was accidental and 
 without knowledge or intent." (T. D. 1679.) 
 
40 
 
 Modifying Methods op Manufacture. 
 
 Professor Stocking in his Manual of Milk Products, 1917, 
 very frankly admits that the amount of moisture in butter can 
 be controlled with considerable accuracy ly modifying the 
 methods of manufacture. It is very clear that Professor 
 Stocking has not the remotest idea, if his advice be followed, 
 that "adulterated butter" is the result, and that the manu- 
 facturer thereof is subject to a heavy tax. Professor Stock- 
 ing expresses his ideas clearly and no one can read the fol- 
 lowing statement taken from pp. 256-257 of his Manual and 
 fail to know that the Professor is advising the "students" 
 and "men in commercial work" for whom the book is written, 
 that by modifying the methods of manufacture, they can in- 
 crease the moisture in their butter "2 or 3 per cent." which 
 "means a large difference in the money returns to the cream- 
 ery." 
 
 Professor Stocking says : 
 
 "The moisture-content of the butter is more variable 
 than any other constituent. The percentage of water in the 
 finished butter may vary between rather wide limits with- 
 out affecting its commercial value. While there is no 
 direct relation between the moisture-content and the 
 quality of the butter, it is important from the commer- 
 cial standpoint that this factor be controlled with consid- 
 erable accuracy, which can be done by modifying the meth- 
 ods of manufacture. A variation of 2 or 3 per cent, in 
 moisture-content means a large difference in the money 
 returns to the creamery. The butter-maker should be 
 sure that the moisture-content of his product does not 
 exceed the legal limit of 16 per cent, as established by the 
 National Government. The nearer he can approach to 
 this limit without danger of going over it, the greater will 
 be his yield. The moisture-content should be controlled 
 by the frequent use of an accurate moisture test. There 
 are, however, certain factors which are not within the 
 control of the butter-maker." (pp. 256-7.) 
 
 Professor Stocking follows this statement with a summary 
 of the factors of moisture-content which are under the control 
 
41 
 
 of the butter-maker and also those factors which are not 
 under control. This summary is by Professor Hunziker, an 
 eminent dairy scientist. It is too lengthy to reproduce here, 
 but it is fair to say that the gist of Professor Hunziker's sum- 
 mary is, that moisture can be controlled within one 'per cent., 
 but that on account of variable factors not always within the 
 control of the butter maker, there may be lack of control over 
 a fraction of one per cent. Accordingly Professor Hunziker 
 advises "For this reason it is not safe to run too close to the 
 16 per cent, limit, and it is advisable to establish 15 per cent. 
 as the danger line." Hunziker's summary of the factors of 
 moisture content control will be found on pp. 257-260 of Pro- 
 fessor Stocking's Manual of Milk Products. 
 
 VIEWS OF FOOD CONTROL OFFICIALS. 
 
 Hon. E. F. Ladd, Food Commissioner of North Dakota and 
 a member of the Committee has publicly stated the fact that 
 the water content of butter has been increased, ' ' the purpose 
 of course being to sell water at butter prices." Dr. Ladd 
 says: 
 
 "I think the present standard of allowing 16 per cent, 
 of water in butter is indefensible. Formerly butter con- 
 tained from 10 per cent, to 12 per cent., and 13 per cent, 
 is as high, in my judgment, as butter should go in 
 moisture, and yet there are those who to-day employ chem- 
 ists in order that they may keep just within the limit 
 of 16 per cent., selling water at butter prices. There are 
 those who have worked as much as 23 per cent, to 25 per 
 cent, of water into their butter, and such butter has gone 
 into interstate commerce — the purpose being of course to 
 sell water at butter prices. 
 
 Any butter that contains above 13 per cent, of water 
 should be labeled to show the per cent, of moisture pres- 
 ent." (p. 87 Hearings on H. J. Res. 137, 6£th Congress, 
 First Session.) 
 
 M. E. Jaffa, Consulting Nutrition Expert for the State of 
 California, and, for many years, the head food control 
 
42 
 
 official of that State has expressed himself forcibly upon the 
 prevailing practice of incorporating excessive water into but- 
 ter. Professor Jaffa says: 
 
 "I am certainly not in favor of allowing the creamery 
 man to incorporate additional water in his churning. I 
 am of the opinion that the standard now allowed by the 
 Government for water in butter is too high. First-class 
 butter should not contain over 12 per cent, of water, and 
 if we look at old analyses made by the best authorities 
 we will find that this is true. I am well aware that an 
 excellent article is made with 16 per cent, of water, and 
 can be made with 20 per cent, of water, but why should 
 the public be called upon to pay 25, 30, or 40 cents per 
 pound, depending upon the price of butter, for so much 
 water? I believe in granting to the creamery man and 
 dairyman all possible privileges, but not those which 
 border, and very closely, on what should be termed adul- 
 teration. " 
 
 (P. 80 Hearings on H. J. 137 — 64:t~h Congress. First 
 Session.) 
 
 CONFLICTING VIEWS OF SOME PEOFESSOES OF 
 
 DAIEYING. 
 
 Professor Carl E. Lee of Madison, Wisconsin, in an ad- 
 dress before the Iowa State Dairy Association in October, 
 1911, deplored the overloading of butter with water, and 
 charged that men were employing methods which produce but- 
 ter with a high water content. The address and the discussion 
 which followed both of which are illuminating, are given in 
 full in the Iowa Year Book of Agriculture 1911 — pp. 361-368. 
 Space forbids reproducing verbatim all that Professor Lee 
 said, but some of his statements follow: 
 
 "Water In Butter Can Be Controlled. 
 
 The butter maker who knows his conditions can make 
 butter with a uniform composition. Changes must be 
 made with the seasonal changes and also of winter and 
 summer conditions. One reason why there has been a 
 great deal of rather high water butter on the markets 
 
43 
 
 for the past month is the heavy rains throughout the but- 
 ter producing territory. Pastures have been revived and 
 butter fat must be handled the same as during the spring 
 months. It does not seem possible that all the high-water 
 butter is made intentionally but rather is due to the but- 
 ter maker assuming that his butter is safe, or if the test 
 showed high he took a chance of it passing. 
 
 Men are employing methods which produce butter with 
 a high water content and if they do not desire to change 
 and make butter of normal composition the dairy indus- 
 try will prosper without their labor. 
 
 Sometime ago in looking over a large number of method 
 blanks I found that nearly one-third of the men were do- 
 ing things that favored high moisture. If the creamery 
 operators would go back to holding the cream at a low 
 temperature, wash the butter during the summer months 
 with water as it comes directly from the well and not re- 
 sort to those things that tend to destroy the grain and 
 have the butter still firm when packed, there will be no 
 danger of high water." (p. 363.) 
 
 Not all Professors of Dairying appear to have endorsed 
 the view of Professor Lee that the dairy industry will pros- 
 per without the men who make butter containing abnormal 
 quantities of moisture. For example, Q. L. McKay, then 
 Professor of Dairying at Ames, Iowa, wrote an article which 
 appeared in Hoabd's Dairyman (Vol. 37, page 432) on May 
 25, 1906. In this article entitled "Some Facts about moisture 
 and its effect on butter," and which is too long to quote, he 
 says in part : 
 
 ' ' The question of moisture has always appeared to the 
 writer as one of common sense and business. If a maker 
 can incorporate 14 or even 15 per cent, water, 
 and make a uniform high grade of butter, it is to his 
 best interests and to the best interest of the patrons, for 
 him to do so." 
 
 This would certainly appear to be true in a narrow sense so 
 far as the interests of the owners of the creamery are con- 
 cerned, but if by "patrons" the Professor means consumers of 
 butter it is difficult to see how they are benefited by paying 
 the butter price for water. 
 
44 
 
 The statement quoted above is followed immediately by 
 
 this boast: 
 
 "The Ames Dairy School possibly has done more work 
 along this line during the last five years than any other 
 school in the world. The work has been done by well 
 trained scientists and a detailed record has been carefullv 
 kept." 
 
 "Work along what line? The line of incorporating "14 per 
 cent, or 15 per cent, of water." The tvork was done by 
 scientists and a detailed record has been carefully kept. It 
 would seem that officers of the Government who seek infor- 
 mation, or even evidence of the processes which are "used 
 with intent or effect of causing the absorption of abnormal 
 quantities of moisture" might reasonably look into these rec- 
 ords. Professor McKay tells his readers that he went to 
 Europe at Government expense in the year 1901, and while 
 there he made 'the discovery that some of the highest scoring 
 butter actually ran as high as 18 per cent, in moisture. Fired 
 with zeal as the result of this great discovery, the Professor 
 returned to America. Doubtless with the feeling that the 
 American butter makers were mere tyros in the water game, 
 to quote his own words, the italics not being his : 
 
 "The writer, on coming back to America, started an in- 
 vestigation, in connection with Professor Larsen of our 
 school, along this line. After becoming thoroughly con- 
 vinced that moisture content could be controlled, an ed- 
 ucational scoring contest was started, in which fifty-five 
 of our leading creameries participated." (p. 432.) 
 
 This plain English which Professor McKay uses leaves no 
 room for doubt that moisture can be, and is controlled. It is 
 only fair to state that this Apostle of the Pump is no longer at 
 Ames. He is now Secretary of the American Association 
 Creamery Butter Manufacturers, and no doubt in that position 
 still pursues his limpid way. 
 
 The State Dairy Commissioner of Iowa in his 19th annual 
 report for 1905 says that the work of Professor McKay has 
 been successful. The Commissioner says in part: 
 
 "The Dairy Department at Ames by a series of experi- 
 
45 
 
 ments and investigations showed that not only could a 
 skillful butter maker make his overrun almost anything 
 he desired, but that certain butter makers in successful 
 creameries were already doing it ; that a 16 per cent, over- 
 run could easily and legitimately be increased to 20 per 
 cent, or even 25 per cent, overrun. That is, the skillful 
 buttermaker can make butter having in it only 80 per cent, 
 of butter fat just as easily and as certainly as he can 
 make butter containing 86 per cent, of butter fat." (p. 13.) 
 
 The quotations on this subject, official reports from dairy 
 writers and from the dairy press, etc., might be extended still 
 further. Enough, however, has been collated, it is thought, 
 to convince every member of the Committee of the following 
 facts : 
 
 1. That in 1902 when the adulterated butter law was en- 
 acted the average normal moisture content of butter was 11.78 
 per cent. 
 
 2. That the moisture content of butter is within the con- 
 trol of the butter maker to within a fraction of 1 per cent. 
 
 3. That processes are now being designedly used in the 
 manufacture of butter, "with intent or effect of causing the 
 absorption of abnormal quantities of moisture" which prob- 
 ably have increased the average moisture content to a figure 
 higher than that found in 1902, but the average moisture con- 
 tent of American butter is still far below 16 per cent., due to 
 the fact that a great mass of butter is still manufactured with- 
 out manipulation. 
 
 4. These processes by which butter is manipulated and 
 moisture increased have been taught to butter makers by their 
 instructors and the dairy press in the belief that the law al- 
 lowed anything less than 16 per cent, moisture in butter re- 
 gardless of the process or material by which such moisture 
 content was obtained. 
 
 5. This belief was probably caused by the wording and in- 
 terpretation of 16 per cent, moisture regulation of the Bureau 
 of Internal Revenue. 
 
46 
 
 THE 16 PER CENT. MOISTURE CONTENT REGULA- 
 TION OF THE COMMISSIONER OF INTERNAL REV- 
 ENUE. 
 
 The Commissioner of Internal Revenue with the approval 
 
 of the Secretary of the Treasury, has adopted a regulation 
 
 which in effect, as it has heen construed, says that all butter, 
 
 with the exception of farm butter, which contains 16 per cent. 
 
 of moisture is adulterated. The regulation reads in part as 
 
 follows : 
 
 " It is therefore held that butter having 16 per cent, or 
 more of moisture contains an abnormal quantity and is 
 classed as adulterated butter." (Regulations No. 9. U. 
 8. Internal Revenue, p. 87.) 
 
 This regulation has been before the U. S. Courts several 
 times with varying result. The case which is most often cited 
 as supporting the validity of the regulation and its conclusive- 
 ness, is Coopersville Co-operating Creamery Co. v. Lemon 
 (163 Fed., 145) decided by the Circuit Court of Appeals for 
 the Sixth Circuit on May 25, 1908. In the opinion it was said 
 in speaking of the 16 per cent, moisture regulation : 
 
 "Looking to the character of duties imposed upon the 
 Commissioner of Internal Revenue, and the various pro- 
 visions of law authorizing the promulgation of regulations 
 for carrying out the plain purpose of the law, we entertain 
 no serious doubt that this regulation was authorized." 
 (p. 147.) 
 
 And again: 
 
 ' ' The authority to make all needful regulations not in- 
 consistent with law is not a delegation of power to add 
 something to an incomplete law nor a grant of judicial 
 power. It is only an authority to determine the fact upon 
 which the operation of the law is made to depend. Con- 
 gress might have made the necessary tests and might have 
 acquired the knowledge of the butter-making art to en- 
 able it to have enacted that adulterated butter should 
 consist of butter having a moisture content of 16 per cent, 
 or more. But that would have been an unnecessary detail, 
 
47 
 
 for it was altogether competent to declare that butter 
 which contained an abnormal quantity of water, milk, or 
 cream should be classified as adulterated butter, and that 
 the fact as to what was, in dairy butter, an abnormal pro- 
 portion of water, milk, or cream should be determined by 
 a regulation of the Commissioner of Internal Eevenue, 
 with the approval of the Secretary of the Treasury." 
 (pp. 147-8.) 
 
 The above portions of the opinion are generally relied upon 
 as supporting the contention that the regulation is valid and 
 conclusive, but other parts of the same opinion would seem to 
 indicate a doubt at least as to the conclusiveness of the regu- 
 lation in the minds of the court which says : 
 
 "But, if not conclusive in a contested case, the regula- 
 tion was at least a working regulation and guide, enabling 
 the officials charged with the enforcement of the law to 
 act with impartiality and uniformity in exacting the tax 
 imposed." (p. 152.) 
 
 Following this line of reasoning, the Court proceeds to dis- 
 cuss the question whether what is an abnormal quantity of 
 moisture may be properly submitted to the jury as a question 
 of fact. This happened to have been done in the instant case. 
 The Court says : 
 
 "This much must be conceded. Assuming, then, that 
 it may not have the force of law as a conclusive determi- 
 nation of the question, does it follow, if the tentative or 
 prima facie determination of the Commissioner by such 
 a regulation is challenged by a manufacturer from whom 
 the tax is exacted, that the act is to fail because in such 
 circumstances there can be no final determination of the 
 fact of what is abnormal moisture in butter?" (p. 152.) 
 
 After further discussion as to the propriety of submitting 
 
 the question to the jury, the opinion proceeds : 
 
 "If therefore, we err in holding the determination of 
 the fact upon which the operation of the law was made 
 by Congress to depend as conclusive when determined by 
 the Commissioner of Internal Eevenue, we think there was 
 no error in submitting the matter to the jury. That the 
 court instructed the jury that the regulation of the de- 
 partment was not conclusive cannot be complained of by 
 
48 
 
 the plaintiff in error. That he told the jury that the reg- 
 ulation was evidence of a 'high character,' which might 
 be looked to along with all the other evidence, is not ex- 
 cepted to or assigned as error." (p. 153.) 
 
 Furthermore in any consideration of the case now under dis- 
 cussion, careful consideration should be given to the fact that 
 at the trial of the case the trial judge charged the jury as 
 follows : 
 
 "Then the expression 'any process' used: Now, that 
 does not mean necessarily that there has to be some spe- 
 cial fraudulent process of making the butter, but if the 
 process of making, whether by too little washing or too 
 much washing, or too little churning or too much churning, 
 or whatever it is that has the effect of leaving an abnormal 
 quantity of water in the butter, it is within the statute, 
 and within the prohibition of the statute. And again as to 
 the intent : In this case, it is not material what the intent 
 of the Coopersville Co-operative Creamery Company was 
 — whether the Coopersville Co-operative Creamery Com- 
 pany intended to have an undue amount of water left in 
 its butter. If the process as employed did have that ef- 
 fect, the company was just as much liable for that tax as 
 if it did it intentionally, because it is the object of the law 
 to prevent that thing being done. ' ' (pp. 154-5.) 
 
 This instruction is quoted with approval by the Circuit 
 Court of Appeals. It is manifest that even in Coopersville 
 Co-operative Creamery Co. v. Lemon, a case which is often 
 cited in support of the contention that butter is adulter- 
 ated if it contains 16 per cent, or more of water because of 
 the conclusive effect of the regulation of the Commissioner 
 of Internal Eevenue, — even in this case the question of the 
 process used to incorporate moisture, as well as the ques- 
 tion whether amount of moisture tuas abnormal was submit- 
 ted to the jury. 
 
 Fortunately we are not left to deduce solely from the 
 above case, the opinion that the "process and materials" 
 used are just as material factors as abnormal quantities of 
 moisture in determining whether any given lot of butter is 
 adulterated under the Act of May 9, 1902. The Circuit 
 
49 
 
 Court of Appeals for the 8th Circuit in April, 1912, squarely 
 passed upon this question in the case of U. 8. v. 11,150 Lbs. 
 Butter (195 Fed., 657). It appears that in this case the 
 United States filed a bill of information to forfeit 11,150 
 pounds of butter churned by the Milton Dairy Company. 
 The charge against the butter was 
 
 • 
 
 "that in the manufacture and manipulation of said but- 
 ter the process adopted by the said Milton Dairy Com- 
 pany, the manufacturer thereof, had the effect of caus- 
 ing the absorption and incorporation therein of an ab- 
 normal quantity of water, that is to say, that the mois- 
 ture content of said butter was then and there in excess 
 of 16 per cent., contrary to said act of Congress and 
 the rules and regulations of the Secretary of the Treas- 
 ury, made and promulgated pursuant to the said act; 
 that the manufacturer had not paid the special taxes 
 upon it as adulterated butter and was removing it with- 
 out stamping it or branding it as such." (p. 659.) 
 
 The answer of the Milton Creamery Co. was a denial of 
 
 these allegations, and an averment that the butter had been 
 
 made without the use of any such process as was described 
 
 in the complaint, and that it was not subject to taxes as 
 
 adulterated butter. It appears that when the case came in 
 
 for trial, to quote from the opinion of the Circuit Court of 
 
 Appeals : 
 
 "In this state of the law and the regulation the libel- 
 ant introduced evidence tending to prove that the but- 
 ter here in controversy contained more than 16 per cent, 
 of moisture and rested. It presented no evidence that 
 any process or material was used in the manufacture 
 or manipulation of the butter with the intent or effect 
 of causing the absorption thereby of abnormal quantities 
 of water, milk, or cream." (pp. 659-60.) 
 
 The trial court, at the conclusion of the evidence, dismissed 
 the suit on the ground that the evidence failed to sustain the 
 libelant's cause of action, and that a certain regulation of 
 the Secretary of the Treasury (the so-called 16 per cent, 
 moisture regulation) was unauthorized under the law. The 
 
50 
 
 Government took its writ of error to the Circuit Court of 
 Appeals for the 8th Circuit which sustained the judgment 
 below. 
 
 The opinion of the Appellate Court, by Sanborn, Cir- 
 cuit Judge, is so illuminating upon the points which the 
 Committee must consider in framing its standard for butter 
 that it is quoted from at length in this brief. 
 
 The Court first describes the customary or lawful process 
 of making butter as follows : 
 
 "The customary and lawful process of making butter 
 from milk or cream, or both, was, when the act of 1902 
 was passed, and has ever since been, a process of elimi- 
 nation of some, but not all, of the moisture from the 
 milk, cream, and butter. The milk and cream from 
 which moisture is expelled in order to produce butter is 
 a liquid before the process is applied. When the but- 
 ter commences to appear in the course of its manu- 
 facture, it contains much more than 16 per cent, of mois- 
 ture, and, when the lawful process has been completed, 
 it is common knowledge that much of the butter pro- 
 duced thereby still contains a larger moisture content 
 than 16 per cent. But butter produced by this simple 
 process of the elimination of moisture which retains 
 more than 16 per cent, of its original water, milk, or 
 cream, is not butter which has been caused to absorb 
 an abnormal quantity of those substances by any proc- 
 ess or material used in its manufacture or manipula- 
 tion, and hence it is not adulterated butter under the act 
 of Congress. Such butter has neither been made to ab- 
 sorb, nor has it absorbed, any water, milk, or cream. 
 The moisture in it was in the milk and cream of which 
 it was made, and an amount of it sufficient to constitute 
 more than 16 per cent, of the butter still remains in the 
 latter, not because this butter has been made to absorb 
 it by any process or material, but because the customary 
 and lawful process of expulsion of moisture from the 
 milk and cream has not been sufficiently effective to 
 drive out more of the moisture." (p. 660.) 
 
 After pointing out the fact that the Commissioner of In- 
 ternal Revenue has recognized that not all butter which con- 
 
51 
 
 tains 16 per cent, or more of moisture is adulterated as evi- 
 denced by rulings of the Commissioner exempting certain 
 farm made butter, the opinion proceeds 
 
 "The members of Congress who passed the act of 
 1902 were familiar with this common process of making 
 butter. They knew that it was a process of elimination 
 of moisture from the milk and cream, and they did not 
 enact that an abnormal quantity of water, milk, or cream, 
 remaining in the butter made by that process, caused 
 that butter to be adulterated butter. On the other hand, 
 they enacted the contrary, for the declaration by them 
 of those things which did make butter adulterated by the 
 familiar rule excluded all others. They enacted (1) that 
 the introduction or use of an acid, alkali, or other sub- 
 stance in butter, or its use in the manufacture thereof 
 in certain ways, for the purpose of deodorizing or re- 
 moving rancidity from the butter, (2) the introduction 
 into butter of a substance foreign to it with the intent 
 or effect of cheapening the cost of the product, and (3) 
 the introduction of abnormal quantities of water, milk, 
 or cream, into butter by the use of any process or ma- 
 terial with the intent or effect of causing the absorption 
 by the butter of such abnormal quantities of water, milk, 
 or cream, and nothing else, made butter adulterated. 
 They enacted in each case that it was the introduction 
 into the butter of some foreign substance, not the exist- 
 ence in the butter in any quantity of one of its natural 
 and inherent constituents, that caused the butter to be 
 adulterated. Now take the butter in question. An ab- 
 normal quantity, more than 16 per cent, of moisture, 
 may have been in it and yet never have been absorbed 
 by it. That amount of moisture may have been a part 
 of the original and inherent moisture in the milk or 
 cream from which the butter was made and which had 
 never been eliminated from it. That amount of mois- 
 ture may have been absorbed by the butter without the 
 use in its manufacture or manipulation of any process 
 or material with the intent or effect of causing the pres- 
 ence of that quantity of moisture in the butter. There- 
 fore, tested by the maximum noscitur a sociis, for the 
 clauses in pari materia specify the introduction of for- 
 eign substances into the butter; by the rule that all the 
 words of a statute must have effect, for if the mere 
 
52 
 
 presence of an abnormal quantity of moisture in the 
 butter makes it adulterated butter the words of the 
 clause, 'any butter in the manufacture or manipulation 
 of which any process or material is used with intent or 
 effect of causing the absorption of abnormal quantities 
 of water, milk or cream,' which are here italicized, lose 
 all their effect, are practically expunged and the word 
 'containing' is enacted in their place, so that the clause 
 reads, 'any butter containing abnormal quantities of 
 water, milk or cream'; by the rule that every statute 
 should have a rational, sensible construction; by the 
 rule that a penal statute may not be extended to include 
 classes not clearly within its terms; or by any other 
 applicable rule of interpretation — there is no escape 
 from the conclusion that the intention of the Congress 
 and the legal effect of the plain words it used in the 
 clause under consideration were to bring butter contain- 
 ing an abnormal quantity of moisture into the class of 
 adulterated butter when, and when only, some process 
 or material had been used in its manufacture or manipu- 
 lation with the intent or effect of introducing into the 
 butter, by absorption of abnormal quantities of water, 
 milk, or cream. Hence the burden was upon the libelant 
 in this case to prove: (1) That such a process or such 
 material was used in the manufacture or manipulation 
 of the butter here in controversy; and (2) that it was 
 used with the intent or the effect of causing the butter 
 to absorb abnormal quantities of water, milk, or cream. 
 The libelant produced no evidence to support these 
 propositions, which it alleged in its pleading as the 
 basis of its cause of action. The fact that the butter 
 contained more than 16 per cent., or an abnormal quan- 
 tity of moisture, was insufficient to sustain either of 
 them." (pp. 661-2.) 
 
 In concluding an exhaustive consideration of the authori- 
 ties on the subject of the validity of the 16 per cent, mois- 
 ture regulation the court says : 
 
 "In the case at bar the clause of the Act of May 9, 
 1902, on which this suit is founded, makes punishable 
 that class of manufacturers, and that class only, which 
 removes, or causes to be removed, without complying 
 with the terms of the act, butter in the manufacture or 
 
53 
 
 manipulation of which some process or material is used 
 with the intent or effect of causing the absorption by the 
 butter of abnormal quantities of water, milk, or cream. 
 The regulation, given the construction of counsel for 
 the government, adds to this class, and subjects to the 
 forfeitures, fines, and penalties of the act, that class of 
 manufacturers which removes, or causes to be removed, 
 without complying with the regulating terms of the act, 
 butter containing more than 16 per cent., or an abnormal 
 quantity, of moisture in the manufacture or manipula- 
 tion of which no process or material is used with the in- 
 tent or effect of causing the absorption by the butter of 
 abnormal quantities of water, milk or cream, and in so 
 far as it has this effect it is unauthorized by the acts of 
 Congress, either by express declaration or rational im- 
 plication, and void. The forfeiture of the butter sought 
 in this case cannot be enforced because the regulation 
 of the Secretary which conditions it, given the construc- 
 tion of the government, is unauthorized, and because no 
 punishment for its violation is prescribed by any legis- 
 lative act." (p. 667.) 
 
 Immediately following the above conclusion, the opinion 
 recites that the contrary conclusion and opinion of the Cir- 
 cuit Court of Appeals, Sixth Circuit, in the case of Coopers- 
 ville Co-operative Creamery Co. v. Lemon, 
 
 "have received our most deliberate and careful con- 
 sideration. But in view of the considerations which 
 have now been presented and of the decisions in United 
 States v. Two Hundred Barrels of Whiskey, 95 U. S., 
 573, 24 L. Ed., 491, Morrill v. Jones, 106 IT. S., 466, 1 
 Sup. Ct., 423, 27 L. Ed. 267, United States v. Eaton, 144 
 U. S., 677, 688, 12 Sup. Ct., 764, 36 L. Ed., 591, United 
 States v. Grimaud, 220 U. S., 506, 519, 522, 31 Sup. Ct., 
 480, 55 L. Ed., 563, and St. Louis Merchants' Bridge 
 Terminal By. Co. v. United States, 188 Fed., 194, 196, 
 110 C. C. A., 63, which in our opinion rule this case, our 
 minds refuse to assent to any conclusion other than that 
 which has been already announced." (p. 667.) 
 
 In a recent case, Henningsen Produce Company v. Whaley 
 (238 Fed., 650), the Court held that the determining factor 
 whether butter is adulterated under the Act of May 9, 1902, 
 
54 
 
 "is not any particular percentage of moisture but the means 
 and intent by ivhich moisture is increased." The Court in 
 this case says: 
 
 "As observed in the first cited case butter making 
 eliminates moisture but the statute must receive a rea- 
 sonable and practicable construction. And it is be- 
 lieved that any departure from methods appropriate 
 to the circumstances of the particular churning, de- 
 parture from methods calculated to result in a product 
 of appropriate quality, with intent and effect to in- 
 crease moisture over what it would have been but for 
 such departure has caused 'absorption of abnormal 
 quantities of water, milk or cream' within the statute, 
 whether the increase be due to retention of moisture 
 throughout, or by elimination and reincorporation. 
 * * * It would seem normal methods of manufacture 
 generally result in about 14 per cent, moisture. The 
 butter plaintiff purchased ranged from 8 to 17.5 per 
 cent., and it appears it worked over at least that con- 
 taining 16 per cent, and more to reduce moisture just 
 below the 16 per cent, of the regulation and to what it 
 terms the 'legal limit.' " (p. 652.) 
 
 The evidence adduced in this case of the fraud upon the 
 public, caused by the efforts of the butter makers to incorpo- 
 rate a maximum amount of water in their product, is graph- 
 ically pictured by the Court in the following words : 
 
 "From the evidence it appears the regulation is re- 
 sponsible for startling consequences. Manufacturers 
 take advantage of it to deliberately increase moisture, it 
 may be from less than 1 up to 3 per cent, and more to 
 a point short of the regulation's 16 per cent. It follows 
 a tremendous amount of water is sold at butter prices 
 doubtless aggregating millions of dollars annually, 
 which would not be, but for the license seen in the regu- 
 lation — a curious and injurious result from administra- 
 tion of a beneficial law." (p. 652.) 
 
 There are several other cases in which the clause of the 
 law of May 9, 1902, now under discussion, has been construed. 
 Suffice it to say they follow generally either one of the two 
 leading cases, Coopersville Co-operative Creamery Co. v. 
 
55 
 
 Lemon, or U. S. v. 11,150 lbs. of Butter. While on one point, 
 namely, the validity and conclusiveness of the 16 per cent, 
 moisture regulation of the Commissioner of Internal Rev- 
 enue, these two cases squarely disagree, we have seen that 
 both cases when properly construed approve the contention 
 made in this brief, that the "abnormal quantities of mois- 
 ture" in the butter must have been incorporated by some 
 "process or material" in the manufacture or manipulation 
 "with intent or effect of causing the absorption of abnormal 
 quantities of water, milk or cream." 
 
 The Committee must recognize, as the Commissioner of 
 Internal Revenue, has recognized in his ruling exempting 
 farmers' butter, and as the Courts have recognized, that not 
 all butter which contains abnormal quantities of moisture is 
 adulterated. The standard adopted should provide for that 
 condition. 
 
 THE USE OF "NEUTRALIZERS" IN BUTTER 
 
 MAKINQ. 
 
 One may search the dairy textbooks without finding much 
 mention of the use of lime, sodium carbonate, etc., as popular 
 ingredients in buttermaking. Nevertheless they are widely 
 used at the present time and their use is increasing. Some 
 of the states have enacted laws prohibiting the use of neutral- 
 izes, but the laws are not enforced. In at least the major- 
 ity of cases the use of neutralizers in the manufacture of but- 
 ter is a violation of United States laws but the offenders are 
 seldom, if ever, brought to book. 
 
 The laws of Minnesota and Oregon specifically forbid the 
 use of neutralizers in butter making and the laws of several 
 other states contain general provisions which have been con- 
 strued by the authorities as prohibiting the use of neutral- 
 izer. However, as has been stated, these laws are honored in 
 the breach. 
 
56 
 
 Neutralize!-, as its name implies, is used to reduce the high 
 acidity of cream, before pasteurizing. Its opponents among 
 the food officials and the dairymen say it is used to "resur- 
 rect" old rotten cream which is unfit, for food, and it must 
 be admitted that in some instances the charge is well founded. 
 All dairy authorities agree that much of the cream which 
 is received at the Creameries has too high acid for the best 
 results in butter making and all agree that much of the poor 
 butter which is produced is due to the use of "bad" cream. 
 
 Since all concerned seem to agree that the cream in which 
 the neutralizer is used, is cream which is too high in acid, 
 it is interesting to note how an eminent dairy authority de- 
 scribes the effect of high acid in cream. Professor Meyer 
 in his frank little book entitled "Modern Butter Making," 
 says on page 75 : 
 
 ' ' Evil effect on high acid in cream. It is well known 
 that when a certain per cent, of acid has developed in 
 cream the lactic acid undergoes a perceptible change 
 easily recognized by taste and smell or by the appear- 
 ance of the cream. * * * High acid in cream seems to 
 favor the development of oily, sour, bitter, rancid acid 
 and coarse flavors in butter. It also impairs its keeping 
 quality and reduces its market value besides destroying 
 the fine flavor and aroma belonging to properly ripened 
 good cream." (p. 75.) 
 
 From this it will be seen that Professor Meyer believes 
 
 that too high acidity develops rancidity and a perceptible 
 
 smell. We have seen that under the provisions of the Act 
 
 of May 9, 1902, the use of any chemical such as lime or sodium 
 
 carbonate to deodorize the product or to remove rancidity, 
 
 makes "adulterated butter" under that law. On this point 
 
 of masking rancidity those well known dairy scientists, McKay 
 
 and Larsen, in their text "Principles and Practice of Butter 
 
 Making" say on pp. 184-185: 
 
 "It is at the present time a matter of dispute whether 
 milk and cream in a really sour and poor condition is 
 
57 
 
 benefited much by pasteurization. The flavor of the 
 butter made from such pasteurized cream is usually not 
 improved very much. However, the keeping quality of 
 butter made from poor cream pasteurized is usually bet- 
 ter than if no pasteurization had been employed. If the 
 inferior quality of cream and milk can be pasteurized, 
 neutralized with an alkali, such as powdered chalk or bi- 
 carbonate of soda, then inoculated with a desirable species 
 of bacteria and re-ripened, the quality of butter can be 
 improved several points. But experiments carried on at 
 the Iowa Experiment Station indicate that the improve- 
 ment in the quality of butter is not very permanent. 
 Immediately after it has been made there is a very dis- 
 tinct improvement in the quality of the butter from 
 such cream, sometimes as much as five points. But for 
 some reason butter from cream that has been neutral- 
 ized in such a way does not seem to keep well. Some 
 days after its manufacture it begins to lose decidedly in 
 flavor and to assume a very rank condition. For this 
 reason this method of treating poor cream has not been 
 generally advocated. The deterioration that takes place 
 in such butter after standing seems to be due to chemical 
 changes rather than to biological changes. The butter 
 referred to was kept in a refrigerator at a temperature 
 of about 50° F. ; if the rancid flavors were due to the 
 growth of micro-organisms, they should not reveal them- 
 selves in so short a time." (pp. 184-5.) 
 
 In Bulletin No. 524 of the U. S. Bureau of Chemistry the 
 statement is made that cream is shipped several hundred 
 mile's to the central plant where it arrives in a very old and 
 sour state, sometimes with an acidity of over 1 per cent lactic 
 acid. The Committee will know whether this cream with 
 over 1 per cent lactic acid is the kind of cream Professor 
 Meyer describes in the excerpt previously quoted from his 
 book. 
 
58 
 
 Capitalizing Rotten Ceeam. 
 
 The use of absolutely rotten cream which is neutralized 
 before manufacture of butter is so extensive as to warrant 
 several commercial enterprises which manufacture special 
 germicides and antiseptics, as well as special machinery, all 
 to be used to get rid of the objectionable odors and flavors of 
 decomposition in cream which is manufactured into butter. 
 This is so well known and recognized that the dairy publica- 
 tions are crowded with advertising in which the merits of the 
 several proprietary "dopes" and apparatus are placed before 
 the butter makers. Some of these advertisements are care- 
 fully guarded so they will convey but little information to 
 the uninitiated but some of them are surprisingly frank, for 
 example, the advertisement from the pages of a prominent 
 Western dairy publication, a photographic reproduction of 
 which appears on the opposite page. 
 
 Commenting upon this advertisement and the criticism 
 thereof, which appeared in the daily press, the Dairy Record, 
 which is a paper of standing and the official organ of the but- 
 termakers of Minnesota, South Dakota and other states, un- 
 der date of Feb. 23, 1916, says in part : 
 
 ' ' Ever since the centralized and cream shipping system 
 started in this country we have predicted just that out- 
 come. 
 
 "The sins of that system are now coming home to 
 roost and the whole industry must suffer. 
 
 "Those responsible for the cream shipping system, the 
 cream agents, the unwashed separators, the careless 
 patrons, and yes, the rotten cream, don't care. * * * * 
 
 "When will all our dairy schools and all our dairy 
 officials and the whole dairy press get up in arms, shake 
 off the hypnotizing influence of the big interests and stand 
 up and fight for decency in the production and handling 
 of cream and butter, and, so doing, give those who want to 
 do right a chance ? ' ' 
 
59 
 
 Weekly Edited by a Dairyman 
 
 Vol. XIX. No 46 SAN FRANCISCO, DECEMBER 23, 1915 Subscription $100 a Yeaf 
 
 HOW TO MAKE HIGH GRADE BUTTER OUT OF 
 
 "ROTTEN CREAM" 
 
 AND BETTER BUTTER OUT OF 
 
 GOOD CREAM 
 
 All cream as brought to you from different dairies is not of the same 
 quality Then why expect it to make uniform butter of highest quality? This 
 trouble can easily be remedied by aerating all the cream by means of the 
 Perfection Aerating Outfit. 
 
 To produce highest quality butter the cream must be relieved of all 
 offensive animal and weed flavors. This can only be accomplished b"y means of 
 aeration with absolutely pure air while the cream is being pasteurized 
 
 The principle used in the Perfection Aerating Method is that of taking 
 a supply of air from outside the creamery plant, purifying it with a solution of 
 lime-water or "Bacili-Kil" and then forcing this -purified oxygen through the cream 
 as it is being pasteurized All odors detrimental to good butter are carried off 
 by means of a suction fan that creates a slight vacuum in the pasteurizer 
 
 This combination is inexpensively easy to install and can be used on any 
 type or size of pasteurizers 
 
 Your trade is demanding Better Batter. Supply that demand by means 
 of Perfection Aeration. 
 
 Once tried means a sure success. 
 
 BAKER & HAMILTON 
 
 SAN FRANCISCO CALIFORNIA 
 
60 
 
 Some Fit Cream Neutralized. 
 
 Not all of the cream which is neutralized is rotten cream. 
 Quantities of it perhaps are fit for food. It is true that out 
 of such cream it may be impossible to make butter of the 
 finest flavor and aroma, but in these times of scarcity if it 
 be fit for food it should not be carelessly thrown away, 
 nor put into the class of inedible fats. The difficulty in the 
 way of this program lies in the present revenue laws. The 
 cream or butter fat very high in acid is rancid butter fat. 
 The cream or butter fat with lower acid content, but still 
 perceptibly "off" is merely less rancid butter fat. The 
 Standard Dictionary defines rancid as "having the peculiar 
 tainted smell of oily substances that have begun to spoil; 
 rank and sour from chemical decomposition, as rancid but- 
 ter." If the effect of the use of lime or other neutralizer 
 on such butter fat is to remove rancidity, the resulting prod- 
 uct is "adulterated butter" under the existing Internal Reve- 
 nue law, and subject thereunder to a tax so high that from a 
 price standpoint, there is no economic advantage in saving 
 such cream, although from the standpoint of wholesomeness 
 it may be unobjectionable. Such a waste of an edible fat at 
 the present time when conservation of food is the watchword 
 should not be demanded by the terms of any Revenue meas- 
 ure. If such butter fat is unfit for food its use for food should 
 not be allowed. On the other hand if it is fit for food its use 
 should not be barred by a prohibitive tax. At the present 
 time the anomalous spectacle is presented of the use of cream 
 of all degrees of decomposition without supervision, and with- 
 out tax. 
 
61 
 
 Extent of Use of Neutbalizek. 
 
 A very fair and conservative statement of the use of neu- 
 tralizes as it now exists in the United States is found in Bul- 
 letin No. 524 of the U. S. Bureau of Chemistry. The Bulletin 
 is by Dr. H. J. Wichmann, a food and drug chemist employed 
 by the Government, who has made a study of butter, and who 
 has appeared as an expert witness for the Government in 
 butter cases. In the introduction to the Bulletin, which is 
 entitled "Detection of Lime as a Neutralizer in Dairy Prod- 
 ucts" Dr. Wichmann says: 
 
 "The use of lime by central-station creameries before 
 pasteurization for the purpose of reducing the acidity of 
 cream before churning has assumed considerable propor- 
 tions. The cream is bought directly from farmers at the 
 various cream stations and then shipped in an unneutral- 
 ized state to the centralizing creamery to be manufac- 
 tured into butter. On arrival it is graded into two 
 classes, according to its taste and smell rather than its 
 acidity. As the cream often has been shipped several 
 hundred miles to the central plant, it frequently arrives 
 in a very old and sour state, sometimes with an acidity of 
 over 1 per cent lactic acid. Cream with a 'bad' taste 
 or foreign odor is churned into second-grade butter. If 
 the cream is too sour, lime is added in order to reduce 
 the acidity to 0.3 or 0.4 per cent lactic acid. The cream- 
 eries claim to be able to make a good grade of butter 
 even from a very sour cream by the use of lime, and the 
 butter thus made is said to grade a number of points 
 higher than that made from the same cream not neutral- 
 ized. Hence it has become a common practice, especially 
 in summer when it is difficult to prevent excessive sour- 
 ing, to 'lime' or 'neutralize 7 cream of high acid con- 
 tent, before pasteurization, in order to reduce its acidity 
 and improve the salable quality of the butter made from 
 it. Some creameries use sodium carbonate for this pur- 
 pose instead of lime." (pp. 1-2.) 
 
 Dr. Wichmann then gives the official method for detecting 
 the lime neutralizer in butter, but does not give methods for 
 detecting alkaline salts. Dr. Wichmann observes : 
 
 ' ' The liming of cream is a renovation of a deteriorated 
 
62 
 
 intermediate product while the liming of butter is a 
 renovation of a more or less spoiled final product." (p. 
 21.) 
 
 Neutralizer Under Food and Drugs Act. 
 
 Now it will be obvious to the Committee that butter made 
 from rotten cream, i. e., cream which is putrid or decomposed 
 within the meaning of those words as used in Section 7 of the 
 Food and Drugs Act of June, is adulterated butter under that 
 law, and cannot be permitted under any standard. It may be 
 true, as claimed by some butter makers that cream which is 
 not putrid or decomposed may have an acidity high enough 
 to render it desirable to neutralize such cream before pasteur- 
 ization. Wichmann and others have shown, however, that 
 the lime used for neutralizing appears in the finished prod- 
 uct and it is fair to conclude that the alkaline salts used for 
 neutralizing also appear in the butter. While it may be con- 
 tended that the use of small quantities of neutralizer may not 
 be ethically objectionable, nor reprehensible from a health 
 standpoint where the quantity is strictly limited, such use can- 
 not fail to produce adulterated butter if the effect of such 
 neutralizer is to deodorize or remove rancidity, and even if 
 rotten cream is not used, and there is no deodorizing or re- 
 moval of rancidity, the product in which neutralizer is used is 
 not entitled to the name "butter" in view of the Act of Aug. 
 2, 1886, which provided that it must be made exclusively from 
 milk or cream or both with or without common salt and with 
 or without additional coloring matter. 
 
 If the Committee shall find that butter fat in the form of old 
 cream of high acidity, but not rancid or odoriferous, and not 
 putrid or decomposed within the meaning of the Food and 
 Drugs Act, may be made into a healthful food product through 
 the use of neutralizer, without violating the provisions of the 
 Act of May 9, 1902, defining adulterated and process butter, 
 it is probable that to label the product as "limed butter" 
 
63 
 
 or "neutbalized butter" would avoid a conflict with the defi- 
 nition of butter in the Act of Aug. 2, 1886. Another question 
 is presented when we consider how such a product could law- 
 fully be sold in the States of Minnesota, and of Oregon, and 
 of several other states, whose laws have been construed to 
 prohibit the use of neutralizers in butter making. 
 
 In determining whether butter containing added lime, 
 sodium carbonate or other alkalies may be allowed in inter- 
 state commerce the Committee must consider the question 
 whether such butter is in violation of the following provision 
 of that law. 
 
 "That for the purposes of this Act an article shall 
 be deemed to be adulterated * * * If it contain any 
 added poisonous or other added deleterious ingredient 
 which may render such article injurious to health." (Sec. 
 7. Fifth — In the case of food.) 
 
 Whether butter containing lime or sodium carbonate or 
 other alkali used as an ingredient of its manufacture offends 
 against this subdivision of the Food and Drugs Act depends 
 upon whether the chemical so added is a "poisonous * * * 
 or * * * deleterious ingredient which" in the quantity 
 used "may render" the butter "injurious to health." Such 
 chemicals are certainly ingredients of the butter in which they 
 are used and under the law as laid down by the Supreme 
 Court of the United States in the Coca-Cola case they are 
 as certainly "added" ingredients. It only remains for the Com- 
 mittee to apply the doctrine of amount laid down by the 
 Supreme Court of the United States in U. S. v. Lexington Mill 
 and Elevator Company (232 U. S. 399) and determine whether 
 such added lime or alkali is present in neutralized butter in 
 amounts sufficient that such butter may be rendered injurious 
 to health. 
 
64 
 
 How Neutralizing Is Done. 
 
 The most informing article on the way to use neutralizes 
 which has been given public circulation is printed in the New 
 York Produce Review and American Creamery, issue of Oc- 
 tober 3, 1917. It is by Professor F. W. Bouska, bacteriologist 
 of the American Association of Creamery Butter Manufac- 
 turers. In a head note on the article, the Editor of the pub- 
 lication, in which it appears states : 
 
 "This is, we believe, the first time that the methods em- 
 ployed in neutralizing cream bv the most successful fol- 
 lowers of this practice have been made public." 
 
 After giving some statistics as to the amount of butter 
 
 made from sweet cream and from sour cream, Professor 
 
 Bouska says: 
 
 ' ' When cream becomes very sour on the farm or in the 
 creamery the flavor of the resulting butter is sour and 
 cheesy and the keeping quality is poor. If ripening has 
 not gone quite that far these flavors are indistinct and 
 are called unclean. The keeping quality is not good. 
 Every case of metallic flavor that I have ever seen was 
 avoided by maintaining a low acidity. Maintaining a low 
 acidity in starters and in cream received sweet at the 
 creamery would improve the flavor of American com- 
 mercial butter more than all other devices and methods 
 put together, except possibly pasteurization. Unfortu- 
 nately, this point appears too simple to be appreciated. 
 
 Professor Bouska then says some creameries have not re- 
 fused sour cream but on the contrary 
 
 "Realizing that the 900,000,000 pounds of country but- 
 ter and a considerable part of the 600,000,000 pounds of 
 creamery butter are being made from spontaneously 
 soured cream, some creameries have not refused to make 
 butter out of sour cream. Some receive as much of this 
 kind as they can get. Such cream is usually graded at 
 the creamery and the cream with poorer flavors is made 
 into an undergrade butter, usually scoring 88 and sell- 
 ing on its merits. The better portion, about 95%, is 
 usually neutralized and pasteurized, making a butter 
 
65 
 
 scoring from 89 to 95, and mostly 90. This butter has 
 become esteemed for its remarkable keeping quality." 
 
 In the following words, we are told of the materials which 
 are used to neutralize the cream which is high in acid, 
 
 "For neutralizing, lime water is mostly used. A few 
 use sodium carbonate, as such or under proprietary 
 names. Some neutralize partly with lime water and finish 
 with sodium carbonate. If the cream has a mild acid either 
 of these will give good results. If the cream is quite sour 
 lime water gives better results than sodium carbonate. 
 Sodium carbonate yields a better flavored buttermilk. In 
 cream that is quite sour lime water and sodium carbon- 
 ate give the best flavor." 
 
 Professor Bouska then gives in detail the method of pre- 
 paring this new ingredient of butter. He says: 
 
 "The. essential point in the preparation of lime is to 
 produce a smooth lime water free from granular material 
 smaller than pinheads or even as large as cottage cheese. 
 The mixture is tested by dipping the hand into it to the 
 wrist. If it runs off as smooth as milk it is well made and 
 will give good results. If two or three small granules 
 are seen it is fair. If many small or large granules 
 are seen the mixture is poor and is liable to give the 
 butter a limey taste. This is sure to happen if the 
 cream is pretty sour. A smooth lime water is prepared 
 as follows : 17 lbs. of water as hot as it can be made is 
 placed into a container that would hold about one-fourth 
 more. Three pounds of lime are added gradually in four 
 to eight installments. A little lime is added while stirring 
 continually. When dissolved a little more lime is added 
 and the stirring continued till dissolved. This is repeated 
 until the whole three pounds have been added and dis- 
 solved. Then let it settle, draw off the clear portion, and 
 reject it to get rid of the chlorides. This done, water is 
 added to the original level. It is a question whether this 
 rejection of clear water is any advantage. It is certain 
 that if cold water is added the carbonic acid contained 
 in it granulates the lime and this injures it. It is better 
 to add hot water." 
 
 Next we are told how to mix in the, milk of lime with the 
 other ingredients of the butter. It is right at this point that, 
 
66 
 
 for the first time the unsophisticated reader will get a start 
 of surprise, for the Professor says, "a garden sprinkler is 
 helpful for this purpose. This requires good judgment and 
 patience." Up to this point in his article Bouska treads 
 softly, neglects to call a spade a spade, and altogether paints 
 a pleasing picture, but when the garden sprinkler filled with 
 a solution of lime makes its appearance, one remembers that 
 the same utensil with the same content of lime solution is also 
 very helpful in disinfecting substances and places where of- 
 fensive products of decomposition make themselves manifest. 
 The average man will hesitate before knowingly feeding his 
 children food which has to be so disinfected or so treated 
 before it can be eaten. Nor is one reassured when he reads 
 a little further on in the article that, 
 
 "A few creameries neutralize only the sourest cream 
 directly in the cans. This gives very good results. Where 
 the dumping and pasteurizing are continuous, a small 
 
 stream of neutralizer is run in out of a faucet." 
 
 It is probable that squirting lime into butter from garden 
 sprinkling cans, and from faucets, produces the butter which 
 contains so much lime that it burns the scorer's mouth. The 
 Dairy Eecord in the issue of October 17, 1917, reports such a 
 case in the following words, describing an incident which oc- 
 curred at the recent meeting in Milwaukee of the National 
 Creamery Butter Makers Association. 
 
 "W. S. Smarzo, one of the exchange deputy butter in- 
 spectors in New York came out strong in favor of pas- 
 teurization and against neutralization. He said that the 
 consumers are asking for pasteurized butter, that it was 
 bringing better price and that he advised the buttermak- 
 ers to pasteurize, but to be careful and do it right. He had 
 scored a great deal of butter the past year and he had 
 come across some of the neutralized butter that had 
 burned his mouth, so that he had to discontinue scoring 
 for that day. He has never found the neutralized butter 
 to be satisfactory." 
 
67 
 
 The Btjttermakeks' Qtjestionnaike. 
 
 The Committee will find some interesting information in 
 the report of a Committee on the use of alkalies in butter mak- 
 ing which it appears was made in October, 1912, but which is 
 printed so far as known for the first time, in the Journal of 
 Dairy Science, issue of July, 1917, nearly five years after the 
 report was made. Although belated the report is welcome, 
 for it throws some light upon the methods, effects, and extent 
 of the use of neutralizers in butter making. 
 
 The Committee was composed of gentlemen prominent in 
 dairy work. Mr. J. H. Fransden was Chairman, and the other 
 members were : M. Mortensen, Geo. Hines, and F. W. Bouska. 
 The Committee sent out a series of questions "to many of the 
 leading dairymen in College and practical work. ' ' The Com- 
 mittee '& summary of the answers received appears on pp. 
 163-5 of the Journal of Dairy Science, July, 1917, and these 
 answers and indeed the whole report will provide the Com- 
 mittee with a mine of information on the subject of the use 
 of neutralizing agents in butter making. 
 
 The closely condensed summary of the questionnaire as given 
 by the Committee is too long to quote in full, occupying as it 
 does approximately three pages of matter in small print but, 
 merely as an index of what the Committee will find, a few of 
 the salient answers are here given. 
 
 The principal reasons alleged for the use of alkalies were 
 uniformity of product, better flavor, reducing acidity, elimi- 
 nating scorch flavor, preventing loss of butter fat in butter- 
 milk and improving flavor and keeping qualities of butter 
 made from sour cream. 
 
 The alkalies commonly used are mostly lime, soda (re- 
 ported by one), and lime and sugar. The last named combina- 
 tion recalls that bete noire of food officials, the old fraud 
 Viscogen, which is used in thin cream in many creameries. The 
 preference for lime is explained by several stated reasons, 
 
68 
 
 one frank creamery man says "because it is cheap," while a 
 more ingenuous collaborator says because it is "a natural con- 
 stituent of milk ash." 
 
 In reply to the question of extent of use of neutralizers in 
 the creameries, the answers vary from "Nearly every cream- 
 ery doing a shipping business and in some local creameries," 
 to the reply from the State of Oregon whose laws forbid the 
 use of Neutralizer, which is "probably 10 per cent, or more." 
 
 In the next question the Committee very frankly ask how 
 much it is possible to improve butter made from "bad cream" 
 and the replies indicate an improvement of from one to three 
 per cent. Anyone who knows that butter sells by the score 
 card, and that frequently 1 per cent, means a difference in 
 grade with the consequent difference in price will at once real- 
 ize the money return to the creamery. 
 
 The answers to the question "To what extent is the pro- 
 ducer benefited or injured by this practice" are very illuminat- 
 ing. The first two answers are "Producer allowed to give 
 cream less care" and "Benefited to extent that butter maker 
 takes cream that otherwise would have to be rejected." Eight 
 in this answer it would seem is the crux of the whole neutral- 
 izer plan. The producer lets his cream go bad, and the butter 
 maker instead of rejecting it, renovates it with lime, and the 
 producer continues on in his old way of producing bad cream. 
 
 Those who answered the questions had varying opinions on 
 the extent to which the manufacturer (the butter maker) is 
 benefited or injured. "Ketards dairy development," "Bene- 
 fited by being able to make first grade butter from second 
 grade cream," and "Manufacturer injured morally, benefited 
 financially" are some of the replies. 
 
 The replies seem to indicate a belief that the consumer is 
 not benefited by the use of neutralizer. One answer which is 
 rather ambiguous, reads "No harm comes from neutralizer 
 itself but it is the means of covering up filthy practices." 
 
 None of the answers shoAvs a belief that the healthfulness 
 
69 
 
 or wholesomeness of butter is adversely affected by neutralizer 
 but one answer throws a high light on the quality of cream 
 which is sometimes used in neutralized butter, and also sug- 
 gests a field of inquiry for the Joint Committee. This reply 
 is "No effect from alkali but effect from toxic ferments in 
 poor cream probable" and to the same effect is a similar an- 
 swer to the question of effect on the health of the consumer, 
 which indicates that the College man or the practical man who 
 wrote it believed that the neutralizer would not affect the 
 health of the consumer but that the bad cream might. This 
 man said "No, except the condition of the cream which made 
 the use of alkali necessary." 
 
 The last question asked by the Committee might well have 
 been the first. The answers to this question are so conclusive 
 that the discussion of the questionnaire may well be ended 
 by quoting the question, and all of the answers just as they 
 appear in the Journal of Dairy Science. 
 
 "7. What do you consider the moral effect of permit- 
 ting the general use of alkali in butter making? 
 
 Answer 
 
 The same, but in less degree, as the sale of renovated 
 butter as creamery butter. (2) Economic result would be 
 a failure to have cream quality raised. (3) Bad, but 
 justifiable as a temporary expedient. (4) Tendency to 
 encourage las methods and arouse suspicion of the con- 
 sumer. (5) Make producer less careful and make less 
 really first-class butter." 
 
70 
 
 Conclusions on Neutralizes. 
 
 It is plain, if the neutralizing of butter is to be countenanced 
 in the standard adopted by the Committee, it must be so reg- 
 ulated and so controlled that, 
 
 1. No butter, or butter fat in the form of cream, shall 
 be used which is filthy, putrid or decomposed within the 
 meaning of those words as used in the Food and Drugs 
 Act. 
 
 2. No butter, or butter fat in the form of cream, shall 
 be neutralized to deodorize or to remove rancidity. 
 
 3. No excessive quantity of neutralizer shall appear in 
 the finished product. 
 
 4. No neutralized butter which complies with the three 
 above requirements shall be recognized by the standard 
 as entitled to the name "butter" but shall be defined for 
 what it is, namely, "Limed Butter" or "Neutralized 
 Butter." 
 
71 
 
 SUMMARY. 
 
 The suggestions made in this brief as a result of the study 
 of the provisions of the law, the decisions of the courts, and 
 the facts upon which the laws operate may be briefly sum- 
 marized as follows: 
 
 The Standard for butter should provide : 
 
 1. That the only ingredients which may be used in the 
 manufacture of standard butter are those named in the 
 law of August 2, 1886. These ingredients are milk or 
 cream or both, with or without common salt, and with or 
 without additional coloring matter. 
 
 2. That milk or cream used in the manufacture of 
 standard butter shall be (a) pasteurized, or (b) from 
 properly tuberculin-tested, non-reacting herds. 
 
 3. That milk and cream used in the manufacture of 
 standard butter shall not be filthy, putrid or decomposed 
 within the meaning of the Food and Drugs Act, and that 
 standard butter shall not be made to contain abnormal 
 quantities of salt or curd, and shall contain a definite min- 
 imum percentage of butter fat. For the information of 
 butter makers, there should be a suggestion as to what are 
 the variable limits in standard butter of the normal qwm- 
 titles of such substances. 
 
 4. That no standard butter shall be made from butter 
 or butter fat in which any substance whatever has been 
 used to deodorize or remove rancidity. 
 
 5. That in the manufacture of standard butter no 
 process or material shall be used which has the effect of 
 causing the butter to absorb abnormal quantities of water, 
 milk or cream. For the information of butter makers 
 there should be a suggestion as to what are the variable 
 limits in standard butter of normal quantities of mois- 
 ture. 
 
72 
 
 6. That, if it shall be found that small quantities of 
 lime, or of sodium carbonate, or other alkaline salts may 
 be used as ingredients in butter making without violation 
 of the Food and Drugs Act, such butter shall not be stand- 
 ard butter, but shall be defined as "neutralized butter" or 
 "limed butter" and shall only come within the terms of 
 such definition when the butter or butter fat from which 
 the product is made has not been deodorized, or had ran- 
 cidity removed or masked; otherwise it is adulterated 
 butter. 
 
 The standard for butter should not provide that either the 
 quantity of moisture in the butter, or the quantity of fat and 
 moisture in the butter, shall be solely determinative of adul- 
 teration. Because of the provisions of existing revenue laws, 
 which are binding upon the food control officials, any stand- 
 ard for butter adopted by the Committee must also take cog- 
 nizance of the "processes and materials" used. 
 
73 
 
 REFERENCES. 
 
 Bouska, Professor F. W., Bacteriologist, American Association 
 of Creamery Butter Manufacturers, Article on Neu- 
 tralizes, published in New York Produce Review & Amer- 
 ican Creamery. 
 
 Dairy Record, St. Paul, Minnesota. Issues of February 23, 
 1916, and October 17, 1917. 
 
 Hoard's Dairyman, Vol. 37, May 25, 1906, issue. 
 
 Hunziker, Prof. 0. F., Chicago, Illinois. See Manual of Milk 
 Products, by Stocking (1915). 
 
 Illinois State Experiment Station Bulletin 139. 
 
 Iowa State Dairy Commissioner's 19th Annual Report (1905). 
 
 Jaffa, M. E., Consulting Nutrition Expert, State of California. 
 Testimony at Hearings on H. J. Res. 137, 64th Cong., 1st 
 session. 
 
 Journal of Dairy Science, July, 1917, issue. 
 
 Journal Royal Institute of Public Health, Vol. 15. 
 
 Ladd, E. F., Food Commissioner of North Dakota. Testimony 
 at Hearings on H. J. Res. 137, 64th Cong., 1st session. 
 
 Larsen and McKay, Principles and Practice of Butter Making, 
 2nd ed. (1915). 
 
 Larsen and White, Dairy Technology (1914). 
 
 Lee, Prof. Carl E., University of Wisconsin. Address before 
 the Iowa State Dairymen's Association, appearing in 
 Iowa Year Book of Agriculture, 1911. 
 
 McKay and Larsen, Principles and Practice of Butter Making, 
 2nded. (1915). 
 
 Meyer, Martin H, Milwaukee, Wisconsin. Butter Making 
 and Dairy Arithmetic, 4th ed. (1915). 
 
 Michels, John, New York State School of Agriculture. Cream- 
 ery Butter Making, 8th ed. (1915). 
 
 Mohler, Dr. John R. See Bulletin 56, U. S. Hygienic Labora- 
 tory. 
 
74 
 
 Newman and Swinthinbank. Bacteriology of Milk. 
 
 New York Produce Review and American Creamery, New 
 
 York City, Issue of October 3, 1917. 
 
 Peck, 0. L., Coudersport, Pennsylvania. Profitable Dairying 
 (1906-11). 
 
 Pennsylvania State Dept. of Agriculture Bulletin 75, Tuber- 
 culosis of Cattle and the Pennsylvania Plan for its Be- 
 pression. 
 
 Publow, Charles A., Cornell University. Questions and An- 
 swers on Butter Making (1916). 
 
 Richmond, Henry Droop, England. Dairy Chemistry, 2nd ed. 
 (1914). 
 
 Schroeder, Dr. E. C. See 25th Annual Report U. S. Bureau of 
 Animal Industry. 
 
 Sheldon, John Prince, England. Dairying (1912). 
 
 Stewart, Henry. The Dairyman's Manual (1911). 
 
 Stocking, William A., Cornell University, Ithaca, N. Y. Man- 
 ual of Milk Products (1917). 
 
 Swinthinbank and Newman. Bacteriology of Milk. 
 
 Snyder, Harry, University of Minnesota. Dairy Chemistry. 
 
 United States. 
 
 24 U. S. Stat. L., Butter Law, 1886. 
 
 32 U. S. Stat. L., Eenovated Butter Law, 1902. 
 
 34 U. S. Stat. L., Food and Drugs Act, 1906. 
 
 241 U. S. Sup. Ct. Bepts., U. S. v. 40 bbls., etc., of Coca- 
 Cola 
 
 232 U. S. Sup. Ct. Bepts., U. S. v. Lexington Mill & Ele- 
 vator Co. 
 
 195 Fed., U. S. v. 11,150 lbs. Butter. 
 
 238 Fed., Henningsen Produce Co. v. Whaley. 
 
 163 Fed., Coopersville Co-Op. Cry. Co. v. Lemon. 
 
 Internal Bevenue Commissioner's Beport for 1911. 
 
 Internal Bevenue Department Regulations No. 9. 
 
 Treasury Department Decision 1679. 
 
 Bureau of Labor Bulletin 164, Butter Prices, from Pro- 
 ducer to Consumer. 
 
 Bulletin 56, U. S. Hygienic Laboratory. 
 
75 
 
 25th Annual Report of Bureau of Animal Industry (1908). 
 
 Circular 39, Bureau of Animal Industry. 
 
 Bulletin 524, Bureau of Chemistry, Detection of Lime 
 Used as a Neutralizer in Dairy Products. 
 
 Bulletin 149, Bureau of Animal Industry, Normal Com- 
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 House of Eepresentatives Report 1602, 57th Cong., 1st 
 session. 
 
 Hearings on H. J. Res. 137, 64th Cong., 1st session. 
 
 White and Larsen, Dairy Technology (1914). 
 
 Wichmann, H. J., Asst. Chemist, Food and Drug Inspection 
 Lab., Denver, Colorado. Bulletin 524, Bureau of Chem- 
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 Products. 
 
 Wiest, Edward, Pd. D. The Butter Industry in the United 
 States (1916).