THE BUREAU OF CHEMISTRY of the UNITED STATES DEPART- MENT OF AGRICULTURE ORGANIZATION ENFORCEMENT OF FOOD AND DRUGS ACT ENFORCEMENT OF TEA ACT RESEARCH WORK UNITED STATES DEPARTMENT OF AGRICULTURE DEPARTMENT CIRCULAR 137 Contribution from the Bureau of Chemistry C. L. ALSBERG. Chief Washington. D. C. December, 1920 ADDITIONAL COPIES OF THIS PUBLICATION MAY BE PROCURED FKOM THE SUPERINTENDENT OF DOCUMENTS GOVERNMENT PRINTING OFFICE WASHINGTON, D. C. AT 5 CENTS PER COPY V NOV 1 7 V Jtotmti Of DOCUMENTS $585" ORGANIZATJON OF THE BUREAU OF CHEMISTRY. Thief: Carl L. Alsberg. Assistant Chief: W. G. Campbell. Assistant to the Chief: F. B. Linton. Administrative Assistan S. A. Postle. Librarian: Louise Duvall. Editor: Katharine A. Smith. i Drug Administration: M. W. Glover, in charge. Office of Cooperation: T. F. Pappe, acting in charge. Office of Development Wor\: D. J. Price, in charge. Office of Imports: A. E. Taylor, in charge. Tea Inspection Service: G. F. Mitchell, in charge. LABORATORIES IN WASHINGTON. Analytical Reagent Investigations: G. C. Spencer, acting in charge. Animal Physiological Chemical: F. C. Weber, in charge. Carbohydrate: H. S. Paine, in charge. Color Certification: W. H. Mathewson, in charge. Color Investigations: C. O. Johns, in charge. Commercial Dehydration: C. E. Mangels, in charge. Drug Investigations: L. F. Kebler, in charge. Food Control: I. K. Phelps, in charge. Food Investigation: R. W. Balcom, in charge. Fruit and Vegetable Utilization: H. C. Gore, in charge. Leather and Paper: F. P. Veitch, in charge. Microbiological: Charles Thorn, in charge. Microchemical: B. J. Howard, in charge. Miscellaneous Division: J. K. Haywood, in charge. Cattle Food: G. L. Bidwell, in charge. Insecticide and Fungicide: C. C. McDonnell, in charge. Oil, Fat, and Wax: G. S. Jamieson, in charge. Pharmacognosy: A. Viehoever, in charge. Pharmacological: E. W. Schwartze, acting in charge. Phylochzmical: F. B. Power, in charge. Protein Investigations: C. O. Johns, in charge. Water and Beverage: W. W. Skinner, in charge. FIELD INVESTIGATIONAL LABORATORIES. I Food Research: H. A. McAIeer, in charge. 3 Citrus By-Products: E. M. Chace, in charge. ORGANIZATION OF THE BUREAU. FIELD REGULATORY SERVICE. Eastern Food and Drug Inspection District (W. R. M. Wharton, chief), with food and drug inspection stations in — Baltimore: D. M. Walsh, chief. Boston: G. H. Adams, chief. Buffalo: H. H. Wagner, chief. New York: H. W. Redfield, chief. Philadelphia: A. Stengel, chief. San Juan: W. J. McGee, chief. Savannah: J. O. Clarke, chief. Central Food and Drug Inspection District (R. E. Doolittle, chief), with food and drug inspection stations in — New Orleans: Chicago: G. W. Hoover, chief. Cincinnati: L. B. Forst, chief. Minneapolis: H. H. Walters, chief. R. S. Hollingshead, chief. St. Louis: E. R. Smith, chief. Western Food and Drug Inspection District (R. W. Hilts, chief), with food and drug inspection stations in — Denver: G. J. Morton, chief. San Francisco: W. Vincent, chief. Seattle: A. W. Hansen, chief. THE FEDERAL BUREAU OF CHEMISTRY. GROWTH. The Bureau of Chemistry of the United States Depart- ment of Agriculture has grown from a small division, or- ganized in 1 862, with a staff of four or five men, to a bureau employing more than 300 chemists, bacteriologists, microscopists, engineers, and inspectors, granted an annual appropriation of over $1 ,250,000 for the enforcement of the Food and Drugs Act and the Tea Act and for re- search work of practical value to the country. FUNCTION. The function of the Bureau of Chemistry is twofold. In the first place it enforces the provisions of the Food and Drugs Act, popularly known as the " Pure Food Law," passed in 1 906, and of the Tea Act. At the same time it conducts investigations arising in connection with its regulatory or law-enforcement work, and continues to serve the purpose for which it was originally established, the study of chemical problems pertaining to agriculture, as well as those of the industries utilizing agricultural products. ORGANIZATION. At the head of the organization are the Chief and the Assistant Chief of the Bureau, who are responsible for the administration of the Food and Drugs Act and the Tea Act, and exercise general supervision over the re- search work. Twenty-four laboratories and three offices in Washington develop facts upon which the decisions and policies of the Bureau are based, recommend methods for attacking regulatory problems, and conduct scientific investigations. 6 FEDERAL BUREAU OF CHEMISTRY. For administrative purposes in the enforcement of the Food and Drugs Act, the country has been divided (fig. 2) into three inspection districts — the Eastern, with head- quarters in New York, the Central, with headquar- ters in Chicago, and the Western, with headquarters in San Francisco. These districts are further sub- divided into inspection territories, with a station, pro- vided with a force of chemists and inspectors, at an important trade center and port of entry within each territory, as shown in the map (fig. 2). While the work of the stations is for the most part regulatory, some time is devoted to the solution of research problems which come to the attention of the chemists in the course of their enforcement of the law. REGULATORY WORK. By far the greater part of the activities and funds of the Bureau are devoted to the enforcement of the Food and Drugs Act. This act forbids the importation, the ship- ment in interstate or foreign commerce, or the manu- facture and sale in any Territory or the District of Columbia of adulterated or misbranded foods or drugs. 1 Thus it serves to protect the public health from injurious foods and the public pocketbook from falsely or fraudulently labeled foods and drugs, and to promote fair trade by guarding the honest manufacturer against unfair com- petition with misbranded or spurious articles sold under the guise of higher-priced commodities. DOMESTIC FOODS. In the law, the term "food" is not confined to those products which are commonly recognized as food for mankind, but includes also beverages (such as soft drinks and mineral water), confectionery, condiments, feeds for horses, cattle, and poultry, and substances like baking powder which enter into the preparation of foods. Nor 1 The lex t o( the Food and Drugs Ac t, and the rules and regulations (or its enforce- ment.are printed in Circular 21 . Office of the Secretary, U. S. Departmentot Agri- culture. FEDERAL BUREAU OF CHEMISTRY. 7 does the law restrict the application of the term "adul- terated" to foods containing an added poisonous or deleterious substance, such as milk preserved with formal- dehyde, which might prove harmful to the consumer. Within the law, "adulterated" has a far wider signifi- cance, being applied as well to the following kinds of foodstuffs: (1) Those which are made wholly or in part from filthy or decomposed material, as in the case of catsup made from rotten tomatoes, or milk containing an excessive number of bacteria; (2) those which have been cheapened by the substitution in whole or in part of some less valuable material or one possessing no food value whatsoever, such as an article sold as coffee in which the coffee has been replaced wholly or partially by chicory, or cottonseed meal containing an excessive amount of cottonseed hulls; (3) those of an inferior grade made to simulate goods of better quality, for example, acetic acid which has been colored to look like cider vinegar; and (4) those from which certain valuable component parts have been removed, as skim milk offered for sale as whole milk. Under the Federal Food and Drugs Act many cases are brought against manufacturers and shippers who violate the misbranding clauses of the law. Misbranding of food, which may be defined as the use of an untruthful or mis- leading label, includes the sin of omission as well as the sin of commission. Labeling a bottle of cottonseed oil "Olive Oil" is a typical sin of commission, while the manufacturer who fails to declare the weight of food in package form is guilty of the sin of omission. Shading from one of these types of violation to the other are many forms of misbranding. Often labels are worded in strict accordance with the facts, but have the type so arranged or pictorial represen- tations so employed that the purchaser receives an entirely erroneous impression as to the contents of the package. Deceptive labeling of this kind is considered to be in violation of the act. 8 FEDERAL BUREAU OF CHEMISTRY. Another all too common deception against the con- suming public is food of short weight sold in package form. Prints of butter weighing from 14 to 15 ounces, but bearing no statement to indicate that they fall short of one pound, are representative of this type of fraud. The Bureau protects the purchaser against such practices by enforcing that section of the law which provides that a food shall be judged misbranded, "if in package form, the quantity of the contents be not plainly and con- spicuously marked on the outside of the package in terms of weight, measure, or numerical count." DOMESTIC DRUGS. To secure the desired effect, it is imperative that all drugs used or prescribed by a physician shall be what he has every right to expect them to be, judging by their labels. If they are under or over the accepted standards, the Food and Drugs Act demands that their labels shall so specify. In addition, the Food and Drugs Act covers medicines that are advertised and sold directly to the general public, the so-called "patent medicines.' Under the law the presence in a preparation, and the amount in which they occur, of certain dangerous or habit-forming substances, enumerated in the act, must be made known upon the label. With this information at hand, the purchaser, of course, may exercise his own discretion in administering the product. It is the duty of the Bureau of Chemistry also to see that labels on "patent medicines" hold out to the public no promise of benefit that is not fully justified by the compo- sition of the preparation. As a standard for the determi- nation of such questions, the Bureau has adopted the general consensus of opinion among the medical profes- sion as to the usefulness and limitations of the various drugs. The labeling of medicinal preparations is judged not by the presence or absence of such terms as "remedy,' ''cure," and "treatment," but by the names of diseases and the impression conveyed by the wording to the average purchaser. FEDERAL BUREAU OF CHEMISTRY. IMPORTED FOODS AND DRUGS. Many food products, medicinal herbs, which for one reason or another can not be grown profitably in this country, and "patent medicines" are constantly being offered for importation into the United States. These are denied entry if they fail to conform to the general require- ments of the Food and Drugs Act, are not in accord with the laws of the country of origin, or are otherwise dangerous to the health of the people of the United States. When circumstances warrant, relabeling or reconditioning of the goods may be allowed. If thereby a product meeting the requirements of the act is obtained, the goods are then per- mitted entry. The field stations maintained by the Bureau at certain ports of entry, as New York, Boston, New Orleans, and San Francisco (fig. 2), examine and analyze samples of shipments offered for entry into the United States which are suspected of being in violation of the Food and Drugs Act. PROCEDURE. Anyone found guilty, after trial in the Federal courts, of violating the provisions of the Food and Drugs Act, or who pleads guilty to such an offense, is subject to a fine, and, under certain circumstances, to imprisonment. The evidence necessary to prove a producer or ship- per guilty is gathered and presented at the trial by the Bureau of Chemistry, through the Department of Justice. Sometimes the cooperation of State and city health, food, drug, and feeding stuffs officials is enlisted. Figure 1 shows each essential step in the development of a case as it progresses through the organization units of the Bureau of Chemistry and the Office of the Solicitor of the Department of Agriculture, the Department of Jus- tice, and the courts. An inspector of the Bureau (1) collects samples of a product suspected of being in violation of the act, and for- wards them to the proper station for analysis. At the station an analysis is made (2) the results of which are sent by the station chief, with his recommendation as to the 7551°— 20 — 2 10 FEDERAL BUREAU OF CHEMISTRY. i I HI \ I -I ^ 4hMM IM> ■ rn wy / NEBft / fa"! *G0l/*25fJf- / COLO SG1MS o^\ Y KANS *e>iz Fig. 2. — Food and drug inspectio FEDERAL BUREAU OF CHEMISTRY. 13 by the Solicitor (21 ), and later published by the Bureau. This terminates the case, and the records are closed (22). Two forms of legal action may be instituted in the cor- rection of violations of the Food and Drugs Act involving the shipment of domestic products. Sometimes a criminal prosecution is brought against the alleged offender. Again, goods which are being shipped contrary to the provisions of the law are seized under order of the court and removed from the channels of trade until a decision f