I am of the opinion that this preparation is not what it is absolutely nor by inference represented to the public to be, by its label, wrappers, etc.

As a drug, this preparation should be considered adulterated, according to paragraph 8, section 3, under which a drug is considered adulterated "if its strength, quality or purity falls below the professed standard under which it is sold."

The quantity of butter and beef fat in the samples of oleomargarine numbered from 8 to 9 inclusive, appeared to be only a very small fraction of the whole, which under the microscope showed a field of nearly pure lard. A trace of cotton seed oil was found by chemical test, which was probably due to the makers purchasing lard adulterated with this oil, or the oleo-oil used was itself adulterated.

Thanking you for the confidence you have reposed, and the uniform courtesy I have received, I am

Very respectfully yours,

NATHAN ROSEWATER, Chemist.

POISON IN MAPLE SYRUP.

ASHTABULA, O., April 13, 1892.

HERBERT H. HYMAN, Esq., Assistant Dairy and Food Commissioner, Cleveland, Ohio:

DEAR SIR: I forward you this day, prepaid, part can of maple syrup, per American Express. This can, part full, was purchased of a grocer, and made by one Knapp, of Sheffield, Ohio, as per label on can.

The contents of this can have poisoned seven persons. Four are at the point of death, and one now may not recover.

Would you kindly take the matter in hand and have this syrup sent you analyzed and tested, and prosecute the man who made it?

CHLORIDE OF ZINC IN MAPLE SYRUP.

CLEVELAND, OHIO, April 17, 1892.

HON. H. H. HYMAN, Assistant Ohio Dairy and Food Commissioner:

DEAR SIR: The maple syrup upon analysis contains very nearly half a grain (gr.) of chloride of zinc in each fluid ounce, or over sixty (60 gr.) grains to the gallon of syrup.

In estimating the quantity a person would likely eat at a meal as three (3) or four (4) fluid ounces, the result would hardly prove fatal to adults of robust health, but under any ordinary circumstances would cause distress of the alimentary canal, and might, if continued, produce chronic poisoning.

The full analysis will be submitted as soon as possible.

As the taste of this poison is scarcely perceptible in maple syrup, and perhaps also in other canned goods that are highly flavored and sweet, I would suggest calling public attention of makers of cans and those who fill them with food products, to the careless use of the ordinary soldering fluids, and the imperative necessity of washing the new cans out with water before using them.

The wholesale condemning of such canned goods as show sufficient traces of zinc, due to failure to observe the proper precaution of cleanliness, would at once put a stop to the evil results that would otherwise follow.

Yours respectfully,

NATHAN ROSEWATER, State Chemist.

APPENDIX.

CIRCULAR No I.

OFFICE OF DAIRY AND FOOD COMMISSIONER,

STATE HOUSE, COLUMBUS, OHIO, May 5, 1892.

To the People of the State of Ohio:

Having the honor to be the first Dairy and Food Commissioner elected by the people of the State, and Ohio being the first State in the Union to raise the office to the dignity of an elective department in State government.

Upon assuming the duties of the office, I deem it just to all those engaged in the production, manufacture or sale of foods, drinks or drugs and to all others concerned that I issue this circular in some measure setting forth the general policy expected to be followed in exercising the powers and duties of the office, and in executing the laws of the State against fraud and deception in the manufacture and sale of foods, drinks and drugs.

The enormous profits in trade, the injuries to public health and the' degradation of the business morals of the people, arising from cheapening and degrading the quality and efficiency of what we eat and drink, demands the earnest consideration of every civilized government to-day.

The fact that the illegitimate and unearned profits of these adulterations in our country are greater than the entire cost of running our government, saying nothing of the injury to health and morals, has been the incentive to legislative enactments against such practices. With the Legislature alone rests the authority to determine what shall constitute an offense against the public in this regard and what penalty shall be placed upon violators of the law.

The enforcement of these statutes is laid upon this office, and, as the incumbent for the time, it will be my purpose to enforce all statutes to the letter as far as ability, time and the fund at my disposal will permit, believing that the Legislature enacted the laws for the purposes of enforcement and not for evasion; and in no case have I the right to substitute

that which I or any other person may think ought to be, for what the Legislature has said shall be.

My predecessor assumed that because it was physically impossible to inspect all the food and drug products of the State, and because the appropriations for the support of the commission were so meagre, that a passive policy was intended and prosecutions should only be made upon individual complaints.

I take it that when the law says I shall inspect articles of food it means I shall actively pursue that line of work whether any individual asks me to or not. And when the law says I shall prosecute where violations are found, it means I shall do so regardless of the personal preferences of any one.

Hence, it shall be my policy to find the violations and then punish the violators so far as I am able. I shall try to do this without harshness or undue severity.

Recognizing the vast commercial interests involved in this issue and the immense capital that is behina them, together with the generally prevailing idea that all profits are legitimate, I in some measure appreciate the enormity of the task before me. With a firm conviction of right and a determination to do that which shall be for the best interest of all the people, I take up the trust asking such and only such withholding of judgment and leniency of criticism as the difficulties confronting me will warrant from an indulgent public. To answer repeated inquiries and to prevent the plea of ignorance upon the part of violators of the law, I have hereunto attached a compilation of the laws governing this department; also the laws I am called on to enforce.

Respectfully,

F. B. MCNEAL, Dairy and Food Commissioner.

LAWS AGAINST FRAUD AND DECEPTION

IN THE

MANUFACTURE AND SALE OF FOODS, DRINKS AND DRUGS.

AN ACT

Amendatory of and supplementary to an act entitled "An act to provide for the election of an Ohio dairy and food commissioner, salary and expense," as passed May 1, 1891, (O. L., vol. 88, pp. 496 and 497), and as amended March 29, 1892.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 8035, 272 and 275, as amended May 1, 1891 (O. L., vol. 88, pp. 496 and 497), and as amended March 29, 1892, be amended so as to read as follows:

Sec. 8035, 272. That there is hereby created the office of dairy and food commissioner of the state of Ohio. Said commissioner shall be elected at the general election held on the first Tuesday after the first Monday in November, A. D. 1891. He shall take his office on the first Tuesday after the first Monday in May after his election, and shall serve for two years, and until his successor is elected and qualified.

He shall be charged with the enforcement of all laws against fraud and adulteration or impurities in foods, drinks or drugs in the state of Ohio.

His salary shall be fifteen hundred ($1,500) dollars per year, and his necessary and reasonable expenses incurred in the discharge of his official duties, to be paid in monthly installments at the end of each calendar month.

Sec. 8035, 275. Said commissioner may appoint not to exceed two assistant commissioners, whose salaries shall be one thousand dollars per year, and necessary traveling expenses incurred in the discharge of their official duties, to be paid in like manner with the commissioner, and on itemized vouchers approved by said commissioner.

The said commissioner shall have power to employ such experts, chemists, agents, inspectors and counsel as may by him be deemed necessary for the proper enforcement of the laws; their compensation to be fixed by the commissioner.

All charges, accounts and expenses authorized by this act shall be paid out of the state treasury upon vouchers certified by the commissioner, and upon warrant of the state auditor. The entire expenses of said commissioner shall not exceed in any one year the amount appropriated for such purposes.

All vacancies in the office of dairy and food commissioner shall be filled by appointment of the governor, until the next general election, when the same shall be filled as in the original election.

All fines assessed and collected under prosecutions begun or caused to be begun by the commissioner shall be paid by the court to the commissioner, and by him paid into the state treasury, and be credited to a fund hereby appropriated for the use of the commissioner.

Said commissioner shall be furnished a suitable office room in the capitol building, to be furnished and set apart for his use by the adjutant-general, in which he shall keep all books, records, registers and all other property belonging to the office, and turn the same over to his successor in office. The office of the commissioner shall be entitled to stationery and other supplies to be furnished by the secretary of state, in like manner as the same are furnished to other state officers.

The commissioner shall make annual reports to the governor containing itemized statements of all receipts and disbursements, and all persons employed by him, together with such statistics and other matter as he may regard of value. Said reports to be published as are the reports of other state officers.

SECTION 2. An act entitled "An act to provide for the election of an Ohio dairy and food commissioner, salary and expense," passed May 1, 1891, as amended March 29, 1892, and all laws or parts of laws not in accordance with the provisions of this act are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage. Passed April 1892.

,

AN ACT

To require the Ohio dairy and food commissioner to give bond.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the Ohio dairy and food commissioner before entering upon the discharge of his official duties, shall give bond in the sum of five thousand dollars to the state, with two or more sureties to the acceptance of the governor, conditioned that he will truly account for and apply all moneys or other property which may come into his hands in his official capacity, and for the faithful performance of the duties of his office as the same are prescribed by law; which bond with his oath of office indorsed thereon, shall be filed with the secretary of state.

SECTION 2. This act shall take effect and be in force from and after its passage. Passed March 4, 1891.

ADULTERATION OF FOOD AND DRUGS.

AN ACT

To provide against the adulteration of food and drugs.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated, within the meaning of this act.

*

*

SECTION 2. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed or compound.

SECTION 3. An article shall be deemed to be adulterated within the meaning of this act:

*

(a.) In the case of drugs: (1.) If, when sold under or by a name recognized in the United States Pharmacopeia, it differs from the standard of strength, quality or purity laid down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopœia but which is found in some other pharmacopœia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3.) If its strength, quality or purity falls below the professed standard under which it is sold.

(b.) In the case of food: (1.) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength or purity: (2.) If any inferior or cheaper substance or substances have been substituted wholly or