the fruit named on the label, made by concentrating to a suitable consistency the strained juice, or the strained water extract, from fresh fruit, from coldpacked fruit, from canned fruit, or from a mixture of two or all of these, with sugar. In the case of fruits whose composition prevents the preparation of jelly of the proper texture the necessary quantity of pectinous material and/or harmless organic acids other than acids or acid salts generally recognized as chemical preservatives may be added: Provided, however, That such jelly containing said added pectinous material shall contain not less than 65 per centum of watersoluble solids derived from the fruit and sugar used in its manufacture and its composition shall correspond to not less than fifty pounds of strained pure fruit juice to each fifty pounds of sugar in the original batch. (3) Apple butter shall be understood to mean the clean, sound product made by cooking with sugar or apple juice, or both, the properly prepared entire edible portion of apples, either fresh, cold packed, canned, or evaporated, to a homogenous semisolid consistency with or without vinegar or harmless organic acids other than acids or acid salts generally recognized as chemical preservatives, salt, and spice. Apple butter shall contain not less than 40 per centum watersoluble solids and be prepared from not more than twenty pounds of sugar to each fifty pounds of fresh, whole apples, or its equivalent in cold-packed, canned, or evaporated apples. (4) Honey preserve, jam or jelly, corn-sirup preserve, jam or jelly, or any of them, are understood to mean preserve, jam or jelly, as defined herein, in the manufacture of which honey or corn sirup, respectively, has been substituted in whole or in part for sugar. (5) All food products except those defined in paragraphs 1 to 4, inclusive, which resembled preserve, jam, jelly, or apple butter as defined by this act, except citrous-fruit marmalades, fruit-pie fillings, fruit sauce, and fountaincrushed fruits, labeled and sold as such, shall be understood to be imitation preserve, imitation jam, imitation jelly, imitation apple butter, as the case may be. SEC. 2. That section 8 of the food and drugs act of June 30, 1906 (Thirtyfourth Statutes at Large, page 768), as amended, is hereby amended by adding at the end thereof the following new paragraph: "Imitation preserve, imitation jam, imitation jelly, imitation apple butter, or any of them shall be deemed to be misbranded if they be not conspicuously labeled 'Imitation preserve,' 'imitation jam,' 'imitation jelly,' or 'imitation apple butter,' as the case may be, and the names of the ingredients of which they are composed plainly stated upon the label in the order of their predominance by weight in the product." SEC. 3. This act shall be in force and effect from and after the 1st day of November, 1930. (The report of the Department of Agriculture upon the foregoing bill is here printed in full, as follows:) Hon. CHAS. P. MCNARY, DEPARTMENT OF AGRICULTURE, Washington. United States Senate, Washington, D. C. DEAR SENATOR: I have your letter of February 12, inclosing for my consideration and advice a copy of Senate bill 3470. The purpose, and effect of this measure is to establish definitions and standards for preserves, jams, jellies, and apple butter and to require imitations of those products to be labeled as such. Precedent for the enactment of definitions and standards for the purpose of the food and drugs act has already been established by the act of March 4, 1923, defining butter and providing a standard therefor (42 Stat. L. 1500). The general provisions of the bill are not inharmonious with the principles of the food and drugs act. Certain changes are regarded as desirable, however, and we do not believe these will be considered by the framers of the measure as objectionable. In lines 8 and 9 on page 1 the requirement is made that preserve possess definite characteristic flavor of the fruit named on the label. This would apparently permit the labeling as "strawberry preserve" of an article containing a mixture of apple and strawberry in the proportion of 45 parts of the combined fruits with 55 parts of sugar, provided sufficient strawberry be present to impart its characteristic flavor. Such a label would be deceptive since the article is actually an apple and strawberry preserve. This possibility of deception can be liminated by requiring preserve to possess definite characteristic flavor of the fruit or fruits used in its preparation and by inserting in section 2 a requirement that the fruit or fruits used in preparing the article be plainly and conspicuously named on the label. Furthermore, as the requirement is now framed, it would not seem essential to name any fruit on the label since this part of the bill simply sets up a definition and standard. In the department's judgment labeling requirements can more logically be made in that part of the bill amending the food and drugs act. The above comments are also applicable to the wording in lines 20 and 21, on page 2, where jelly is defined. The sweetening agents recognized in the definitions in paragraphs 1, 2, 3, and 4 are sugar, honey, and corn sirup. Paragraph 5 of the same section defines all products which do not comply with the definitions in paragraphs 1 to 4, inclusive, as imitations. It follows therefore that the use of any sweetening agent other than sugar, honey, or corn sirup would necessitate the labeling of the product as an imitation. This appears to be an undue penalty on these commodities containing the full requirement of fruit but in which the manufacturers may wish to use, in whole or in part, other sweetening agents commercially available, among which may be mentioned corn sugar, maple sugar, maple, sirup, cane sirup, sorghum sirup. It is also recognized that, since these commodities as made in the home are almost invariably prepared with sugar, housewives in purchasing the commercial articles expect them to be sweetened with sugar. Deception may, therefore, follow unless the sweetening agent used is plainly and conspicuously declared on the label. The department's suggestion is that provision be made for the use of any wholesome saccharine substance, a definition for which should perhaps be written into the bill, and in the labeling provisions amending the food and drugs act a requirement be inserted that the saccharine substance or substances used in the preparation of the articles be plainly and conspicuously named in the order of their predominance by weight. It is also believed that harmless organic acids and pectin used in the preparation of these articles should be plainly and conspicuously declared on the labels since these substances are not commonly used in the home preparation of these commodities and the purchaser would not normally expect them to be present unless informed of their presence by label declaration. This provision we suggest also appear in the section amending the food and drugs act. The purpose of qualifying the term "harmless organic acids" with the words "other than acids or acid salts generally recognized as chemical preservatives" was probably to prevent the use of benzoic acid or sodium benzoate, frequently used for preservative purposes, without label declaration. The food and drugs act now requires that where benzoic acid or sodium benzoate is used a label declaration of that fact be made. If a requirement is to be inserted in the bill that all harmless organic acids when used be declared on the label, the words "other than acids or acid salts generally recognized as chemical preservatives" may be deleted. Beginning with line 10 on page 2 appears the proviso that when pectin on pectinous material is used the water-soluble solids in the finished product shall reach at least 68 per cent. This is a necessary provision because, without a limitation on soluble solids, pectin may be used to produce a satisfactory consistency without cooking the product down as much as it should be; in fact, it would be possible to produce a satisfactory consistency by adding considerable amounts of water and cooking sisightly but not enough to evaporate any material amount of water. The same abuse, although in lesser degree, may be effected with some kinds of fruit by the addition of vinegar or organic acids. For these reasons we suggest that in the proviso vinegar and harmless organic acids be treated on a parity with pectin or pectinous material. This may be easily accomplished by an appropriate insertion in line 11, page 2. The same treatment should be accorded harmless organic acid in the proviso to the definition of jelly. The discussions we have recently had with a number of the proponents of the bill regarding the definition for apple butter, lead to the conclusion that it would be desirable to increase the requirements for water-soluble solids from 40 per cent to 43 per cent. The department indorses this change, which we believe will be satisfactory to the commercial interests involved; certainly such a higher standard would result in the production of higher quality apple butter and should enhance the public demand for the commodity. 66 We note that the definition for honey preserves, jam, and jelly is such that by the substitution of only a very small percentage of honey for sugar the article would be entitled to be called honey preserve. This is directly contrary to the present provisions of the food and drugs act since in the department's judgment the name "honey preserve" would be misleading on a preserve where the sweetening agent is not exclusively honey. It is, therefore, suggested that the words "or in part" in line 2, page 4, be deleted from the definition for honey preserve, jam and jelly. Corn sirup preserve, jam and jelly are also defined in this paragraph. Corn sirup is the cheapest commercial sweetening agent and its use in these commodities results ordinarily in the production of articles of very low quality. It does not seem proper, however, to define an article as corn sirup preserve," etc., if, for example, only one 1 per cent of the sweetening substance is corn sirup and the rest is sugar. If it is deemed desirable because of the low quality of corn sirup products to have these commodities sold under such names in order that purchasers may secure from the names themselves rather than from the subsidiary label statements, less likely to be observed, a true impression of the character of the products, our suggestion is that the definition be changed so that only those commodities in which 50 per cent or more by weight of the sweetening agent is corn sirup will be characterized as corn sirup preserve, jam or jelly and that there be included in the section on labeling a requirement that these articles be labeled as corn sirup preserve" and so on. Otherwise the need for a definition is not apparent. If this definition is set up it would seem logical also to include corn sirup apple butter. It is probably unnecessary to write a label requirement for honey preserves, jam or jelly. Such articles are of superior quality and manufacturers as a matter of fact will call them "honey preserve,' etc. The inclusion of the definition for these products will be helpful to the department by simplifying the procedure required in the event need for regulatory action arises. 66 The appended draft of a proposed bill has been prepared which meets the points raised in the preceding discussion and which in the department's judgment will carry out the purposes of the framers of the bill and harmonize with the present requirements of the food and drugs act. Sincerely yours, R. W. DUNLAP, Acting Secretary. A BILL To define preserve, jam, jelly, and apple butter, to provide standards therefor, and to amend the food and drugs act of June 30, 1906, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of the food and drugs act of June 30, 1906, as amended (U. S. C. title 21, secs. 1-15; U. S. C. Sup. III, title 21, sec. 11a). (1) "Preserve" or "jam" shall be understood to mean the clean, sound product possessing definite characteristic flavor of the fruit or fruits used in its preparation, made only by cooking to a pulpy or semisolid consistency properly prepared fresh fruit, cold-pack fruit, canned fruit, or a mixture of two or all of these, with one or more saccharine substances, in the proportion of not less than forty-five pounds of such fruit or mixture thereof to each fifty-five pounds of such saccharine substance or substances, and with or without spice and/or vinegar and/or pectin and/or pectinous preparations and/or harmless organic acids; except that when vinegar or pectin or a pectinous preparation or harmless organic acid is used the finished preserve or jam shall contain not less than 68 per centum by weight of water-soluble solids derived from the fruit and saccharine substances used in its manufacture. (2) "Jelly" shall be understood to mean the clean, sound, semisolid, gelatinous product possessing definite characteristic flavor of the fruit or fruits used in its preparation, made only by concentrating to a suitable consistency the strained juice, or the strained water extract, from fresh fruit, from cold-pack fruit, from canned fruit, or from a mixture of two or all of these, with one or more saccharine substances, and with or without pectin and/or pectinous preparations and/or harmless organic acids; except that when pectin or a pectinous preparation or harmless organic acid is used, the finished jelly shall contain not less than 65 per centum by weight of water-soluble solids derived from the fruit and saccharine substances used in its manufacture, and its composition shall correspond to the proportion of not less than fifty pounds of pure fruit juice to each fifty pounds of one or more saccharine substances in the original batch. (3) "Apple butter" shall be understood to mean the clean, sound product made only by cooking with one or more saccharine substances and/or apple juice, the properly prepared entire edible portion of apples, either fresh, cold-pack, canned, or evaporated, to a homegeneous semisolid consistency, with or without vinegar and/or salt and/or spice and/or harmless organic acids. Apple butter shall contain not less than 43 per centum by weight of water-soluble solids, and shall be prepared in the proportion of not more than twenty pounds of one or more saccharine substances to each fifty pounds of the properly prepared entire edible portion of fresh apples or the equivalent thereof in cold-pack, canned, or evaporated apples. (4) Honey preserve," "honey jam," "honey jelly," or "honey apple butter,” shall be understood to mean preserve, jam, jelly, or apple butter, respectively, as defined in this Act, in the manufacture of which honey is the only saccharine substance used. 66 99 66 99.66 (5) "Corn sirup preserve,' corn sirup jam,' 'corn sirup jelly," or "corn sirup apple butter," shall be understood to mean preserve, jam, jelly, or apple butter, respectively, in the manufacture of which 50 per cent or more, by weight, of the saccharine substances used is corn sirup. (6) "Imitation preserve," "imitation jam," "imitation jelly," or "imitation apple butter," shall be understood to mean food products, except those defined in paragraphs (1) to (5), inclusive, which resemble preserve, jam, jelly, or apple butter, respectively, as defined in this Act; except that citrus-fruit marmalade, fruit-pie filling, fruit sauce, and fountain-crushed fruit, labeled and sold as such, shall not be held to be imitation preserve, imitation jam, imitation jelly, or imitation apple butter. SEC. 2. (a) The term "saccharine substances" as used in this act shall be understood to mean those products having a characteristic sweet taste, having nutritive value, and consisting wholly of the carbohydrates chemically known as sugars or of such sugars together with harmless nonsugar substances commonly occurring with them in their natural production or commercial manufacture. (b) For the purposes of any provision of section 1, the weight (1) Of fruit, in case of the use of cold-pack fruit or canned fruit, shall be the weight of the properly prepared fresh fruit cold-packed or canned. (2) Of pure fruit juice, shall be the weight of such fruit juice exclusive of added water, added saccharine substances, and other added substances. (3) Of evaporated apples shall be the actual weight of the evaporated apples together with the weight of the water originally present in the properly prepared fresh apples and lost by evaporation in process of manufacture. (4) Of saccharine substances in case of the use of cold-pack fruit or canned fruit, shall include the weight of the added saccharine substances, if any in such fruit. SEC. 3. Section 8 of the food and drugs act of June 30, 1906, as amended (U.S. C., title 21, secs. 9, 10), is amended by adding at the end thereof the following paragraphs: "Fifth: If it be preserve, jam, jelly, apple butter, honey preserve, honey, jam, honey jelly, or honey apple butter, and-(1) the fruit or fruits used in its preparation be not plainly and conspicuously named on the label in the order of their predominance by weight, or (2) the saccharine substances used in its preparation be not plainly and conspicuously named on the label in terms of common usage (for example, 'cane sugar,' 'beet sugar,' 'corn sugar,' and so on) and in the order of their predominance by weight, or (3) if it be made with pectin and/or pectinous preparations and/or acids and such fact be not plainly and conspicuously stated on the label. "Sixth. If it be corn sirup preserve, corn sirup jam, corn sirup jelly, or corn sirup apple butter, and it be not plainly and conspicuously labeled 'corn sirup preserve,' 'corn sirup jam,' 'corn sirup jelly,' or 'corn sirup apple butter,' as the case may be. "Seventh. If it be imitation preserve, imitation jam, imitation jelly, or imitation apple butter, and it be not plainly and conspicuously labeled 'imitation preserve,' 'imitation jam,' 'imitation jelly,' or 'imitation apple butter,' as the case may be, or the common names of the ingredients from which it was made be not plainly stated upon the label in the order of their predominance by weight." SEC. 4. This act shall take effect on the 1st day of November, 1930. The CHAIRMAN. Senator Jones, the author of the bill, is here, and I am sure that the committee would be glad to hear from him. STATEMENT OF HON. WESLEY L. JONES, A SENATOR FROM THE STATE OF WASHINGTON The CHAIRMAN. Senator Jones, the committee will be pleased to have you make any statement in reference to the bill that you may desire to make. Senator JONES. Mr. Chairman and gentlemen of the committee, I will just take a moment of your time, because there are those here who are especially familiar with the situation, who are especially interested in the bill, and have been actively engaged in its promotion and in the industry to which it relates. They can give you in detail all necessary information in regard to it, what it is desired to accomplish, and what the situation is now. There are a great many fruit jams, fruit preserves, and similar articles that look like the genuine article, look like the genuine fruit, which are not what they seem to be. The purpose of this bill is to have whatever may be an imitation of fruit preserve, an imitation of jelly or jam, labeled exactly what it is, and thereby put the real article before the people of the country upon its merits. That, in brief, is the purpose and the object of the bill. The CHAIRMAN. It relates to preserved fruits under the provisions of the food and drugs act? Senator JONES. That is it, exactly. The CHAIRMAN. It is an enlargement of that original act? Senator JONES. That is true. It is an enlargement of or an amendment to that original act. The Secretary of Agriculture has suggested several amendments to the bill. As to some of them, I think there are no serious objections. There may be some of them to which there may be objections, but that will be pointed out by those who have given it special study and are specially interested in matters of this kind. That is all I am going to say, Mr. Chairman. I will not take further time of the committee. I understand Mr. Forbes is really the man who has been looking after these matters particularly and, as far as I am concerned, I am glad to turn the matter over to him, to take such action as he thinks is wise to bring the matter fully to the attention of the committee. Senator TOWNSEND. Senator Jones, as author of the bill, would you object to this amendment: Where it states, "To define fruit jams, fruit preserves, fruit jellies, and apple butter," would you object to the following words being inserted: "not manufactured in the household of the consumer"? Senator JONES. I see no possible objection to that. Senator TOWNSEND. On the third page, where it provides that apple butter shall contain not less than 40 per cent water-soluble solids, would you object to increasing that to 45 per cent? Senator JONES. I will frankly say that I see no objection to that, Senator. Senator TOWNSEND. As a fruit man, I think that would improve the bill, if you have no objection to it. Senator JONES. I have no objection to it. |