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| author | luxagraf <sng@luxagraf.net> | 2020-11-29 13:17:50 -0500 |
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| committer | luxagraf <sng@luxagraf.net> | 2020-11-29 13:17:50 -0500 |
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diff --git a/reference/www.doctoryourself.com/history3.html b/reference/www.doctoryourself.com/history3.html new file mode 100644 index 0000000..fcf36bc --- /dev/null +++ b/reference/www.doctoryourself.com/history3.html @@ -0,0 +1,957 @@ +<!doctype html public "-//w3c//dtd html 4.0 transitional//en"> +<html> +<head> + <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> + <meta name="GENERATOR" content="Mozilla/4.75 [en] (Win98; U) [Netscape]"> + <meta name="Author" content="Harvey W. Wiley, M.D."> + <meta name="Description" content="Chemicals added to our foods today have been known to be harmful to health for nearly 100 years. Here is the hidden story, written by the first head of the FDA."> + <meta name="KeyWords" content="health, FDA, food, preservative, processing, additive, chemical, Harvey Wiley, benzoic, benzoate, Food and Drug"> + <title>DoctorYourself.com - Food Law Weakened</title> + +<!-- ADD style1 ===================== --> +<style type="text/css"> +#TFlag +{ + float:right; + font-size:105%; + line-height:105%; + padding:.15 em; + margin:.15 em; +} +img.top +{ + vertical-align:text-top; +} +</style> +<!-- END ADD style1 ===================== --> + +</head> +<body background="images/architek0H.gif"> + +<!-- ADD TFlag ===================== --> +<span id ="TFlag"> + <a href="#translator_block"> + Click here to translate this page. + <img class="top" SRC="images/TranslateFlag.jpg" alt="translate gadget at page bottom" height=36> + </a> +</span> +<!-- END ADD TFlag ===================== --> + +<table CELLSPACING=0 CELLPADDING=0 > +<tr> +<td WIDTH="132"><img SRC="images/logo1.GIF" height=105 width=117></td> + +<td WIDTH="16"></td> + +<td><img SRC="images/dystitle2.JPG" height=60 width=365> +<br><img SRC="images/dysaut.JPG" height=20 width=365></td> + +<td><b><font face="Arial,Helvetica"><font size=+1>Back-Room Maneuvering +Takes the Teeth Out of the Pure Food Law</font></font></b></td> +</tr> +</table> + +<hr WIDTH="100%"> +<table BORDER=0 CELLSPACING=0 CELLPADDING=0 > +<tr> +<td VALIGN=TOP WIDTH="132"><font color="#FF0000">FDA History 03</font> +<br><a href="index.html">Home</a></td> + +<td WIDTH="18"></td> + +<td VALIGN=TOP><font face="Arial,Helvetica">HISTORY OF A CRIME AGAINST +THE FOOD LAW</font> +<br><b><font face="Arial,Helvetica">CHAPTER III: RULES AND REGULATIONS</font></b> +<br><font face="Arial,Helvetica"><b>by Harvey W. Wiley, M.D.</b>, the very +first commissioner of the Food and Drug Administration (FDA), then known +as the “US Bureau of Chemistry.”</font> +<p><font face="Arial,Helvetica"> After the enactment of the +food and drugs law the necessary rules and </font> +<br><font face="Arial,Helvetica">regulations for carrying it into effect +were prepared. The law provided that a </font> +<br><font face="Arial,Helvetica">period of six months should elapse and +that the enforcement of the law should </font> +<br><font face="Arial,Helvetica">begin on the first day of January, 1907. +In the preparation of these rules and </font> +<br><font face="Arial,Helvetica">regalations not only were the rights of +the public at large to be conserved, but </font> +<br><font face="Arial,Helvetica">also a due regard for the ethical interests +in the food and drug industries. The </font> +<br><font face="Arial,Helvetica">committee appointed to formulate these +regulations held meetings in Washington, </font> +<br><font face="Arial,Helvetica">New York and Chicago. Extensive advertisements +of these meetings were published </font> +<br><font face="Arial,Helvetica">and all interests involved were invited +to appear and give their views.</font> +<br><font face="Arial,Helvetica"> Secretary Wilson named the +Chief of the Bureau of Chemistry as his </font> +<br><font face="Arial,Helvetica">representative on the committee authorized +by the law to draft the rules and </font> +<br><font face="Arial,Helvetica">regulations for the enforcement of the +new act. The representative of the </font> +<br><font face="Arial,Helvetica">Treasury Department was Mr. James L. Gary; +the representative of the Department </font> +<br><font face="Arial,Helvetica">of Commerce and Labor was Mr. S. N. D. +North. The Chief of the Bureau of </font> +<br><font face="Arial,Helvetica">Chemistry was named chairman. My colleagues +entered most enthusiastically into </font> +<br><font face="Arial,Helvetica">the discharge of the duties assigned to +them. First of all they studied the act </font> +<br><font face="Arial,Helvetica">in all of its relations. We sat almost +continuously every day, and always with </font> +<br><font face="Arial,Helvetica">cordial collaboration and mutual sympathy +in the difficult task set before us.</font> +<br> +<p><font face="Arial,Helvetica">COMMITTEE TO FORMULATE RULES AND REGULATIONS +FOR ENFORCEMENT OF PURE FOOD LAW</font> +<br><font face="Arial,Helvetica">From left to right: Dr. S.N.D. North, +Dept. of Commerce; Dr. H.W. Wiley, Dept. </font> +<br><font face="Arial,Helvetica">of Agriculture; and Mr. James L. Gary, +Treasury Dept.</font> +<br><font face="Arial,Helvetica"> On the completion of our +labors we each undertook to secure the signature of </font> +<br><font face="Arial,Helvetica">our respective secretary. The Secretary +of Agriculture promptly signed our </font> +<br><font face="Arial,Helvetica">report; likewise the Secretary of Commerce +and Labor. Mr. Gary had some little </font> +<br><font face="Arial,Helvetica">difficulty in securing the signature of +the Secretary of the Treasury. He </font> +<br><font face="Arial,Helvetica">thought that the regulations were a little +bit too severe upon some of the food </font> +<br><font face="Arial,Helvetica">industries. Finally, however, he affixed +his signature without any amendment </font> +<br><font face="Arial,Helvetica">whatever to the rules and regulations +as presented.</font> +<br><font face="Arial,Helvetica"> During the hearings accorded +interested parties there appeared before the </font> +<br><font face="Arial,Helvetica">committee practically the same interests +that had been active in opposing the </font> +<br><font face="Arial,Helvetica">enactment of the law. The same arguments +with which the chairman of the board </font> +<br><font face="Arial,Helvetica">had been so long familiar were repeated. +Pleas for recognition of the use of </font> +<br><font face="Arial,Helvetica">borax under the regulations were made +by the fishing interests of Massachusetts; </font> +<br><font face="Arial,Helvetica">the interests engaged in the manufacture +of catsup begged for recognition of </font> +<br><font face="Arial,Helvetica">benzoic acid. The manufacturers of syrups +pleaded for permission to use sulphur </font> +<br><font face="Arial,Helvetica">dioxide and were joined in this plea by +the interests engaged in drying fruits </font> +<br><font face="Arial,Helvetica">in California.</font> +<br><font face="Arial,Helvetica"> An interesting incident occurred +in this connection. It was while the </font> +<br><font face="Arial,Helvetica">committee was sitting in New York that +the advocates for the recognition of </font> +<br><font face="Arial,Helvetica">sulphurous acid and sulphites were heard. +A particularly earnest plea was made </font> +<br><font face="Arial,Helvetica">by the representative of the California +interests, in which we were told that </font> +<br><font face="Arial,Helvetica">failure to use sulphur dioxide would ruin +the dried fruit industry of that </font> +<br><font face="Arial,Helvetica">state. Reporters were constantly present +at these hearings and this story of the </font> +<br><font face="Arial,Helvetica">California interests got into the afternoon +papers of this city. About seven </font> +<br><font face="Arial,Helvetica">o'clock that evening the card of the California +advocate was brought up to my </font> +<br><font face="Arial,Helvetica">room. When he himself appeared he was +considerably embarrassed. Finally he </font> +<br><font face="Arial,Helvetica">stated the object of his visit. He said:</font> +<br><font face="Arial,Helvetica"> "My wife read +an account of my remarks in the afternoon papers. On my </font> +<br><font face="Arial,Helvetica"> return to my apartment she chided +me for what I had said. She urged me--almost </font> +<br><font face="Arial,Helvetica"> commanded me--to come to see you +in regard to the matter and here I am. My </font> +<br><font face="Arial,Helvetica"> Wife does not allow any sulphur +dioxide fruit to come onto our, own table. She </font> +<br><font face="Arial,Helvetica"> is so firmly convinced of the undesirability +of this kind of preservative that </font> +<br><font face="Arial,Helvetica"> she will not allow me or any of +my family to eat foods preserved with sulphur </font> +<br><font face="Arial,Helvetica"> dioxide." </font> +<br><font face="Arial,Helvetica"> This confession on the part +of the representative of the California interests </font> +<br><font face="Arial,Helvetica">I imparted to my colleagues the next morning +before the hearings began.</font> +<br><font face="Arial,Helvetica"> It is hardly necessary to +say that any regulation for carrying a law into </font> +<br><font face="Arial,Helvetica">effect shall not presume to ignore any +function of that law. As it was provided </font> +<br><font face="Arial,Helvetica">in the law that the Bureau of Chemistry +alone was to be the judge of what was an </font> +<br><font face="Arial,Helvetica">adulteration and misbranding any decision +of that kind under the rules and </font> +<br><font face="Arial,Helvetica">regulations would be illegal.</font> +<br><font face="Arial,Helvetica"> The report of the committee +after receiving the signature of the three </font> +<br><font face="Arial,Helvetica">cabinet officers authorized to make the +rules and regulations was finally </font> +<br><font face="Arial,Helvetica">published on Oct. 17,1906.</font> +<br><font face="Arial,Helvetica">FOOD STANDARDS COMMITTEE</font> +<br><font face="Arial,Helvetica"> Quite as important as the +rules and regulations for carrying out the </font> +<br><font face="Arial,Helvetica">provisions of the law was dependable information +respecting the methods of </font> +<br><font face="Arial,Helvetica">judging the quality of foods and drugs +by standards which were legal and </font> +<br><font face="Arial,Helvetica">conclusive in their character. About the +time of the beginning of the </font> +<br><font face="Arial,Helvetica">experimental work for determining the +effect of preservatives and coloring </font> +<br><font face="Arial,Helvetica">matters upon digestion was originated +the idea of establishing under proper </font> +<br><font face="Arial,Helvetica">authority standards of foods. Accordingly +about 1902 a section was added to the </font> +<br><font face="Arial,Helvetica">appropriation bill of the Department of +Agriculture, authorizing the Secretary </font> +<br><font face="Arial,Helvetica">of Agriculture to appoint a committee +of this kind. Similar action was taken by </font> +<br><font face="Arial,Helvetica">the Association of Official Agricultural +Chemists. When this authority was </font> +<br><font face="Arial,Helvetica">secured the following named representatives +of Agricultural Colleges and </font> +<br><font face="Arial,Helvetica">Experiment Stations were selected for +this very difficult and important work: </font> +<br><font face="Arial,Helvetica">Mr. M. A. Scovell, Director of the Agricultural +Station of Kentucky, Mr. H. A. </font> +<br><font face="Arial,Helvetica">Weber, Professor of Agricultural Chemistry +in the College of Agriculture of the </font> +<br><font face="Arial,Helvetica">State University of Ohio, Mr. William +Frear, Assistant Director of the </font> +<br><font face="Arial,Helvetica">Agricultural Experiment Station of Pennsylvania, +Mr. E. H. Jenkins, Director of </font> +<br><font face="Arial,Helvetica">the Agricultural Experiment Station of +Connecticut, at New Haven, and Mr. H. W. </font> +<br><font face="Arial,Helvetica">Wiley, Chief of the Bureau of Chemistry +of the Department of Agriculture, at </font> +<br><font face="Arial,Helvetica">Washington, D. C.</font> +<br> +<p><font face="Arial,Helvetica">FOOD STANDARDS COMMITTEE</font> +<br><font face="Arial,Helvetica">Left to Right: Prof. M. A. Scovell, Director, +Agricultural Station of Kentucky, </font> +<br><font face="Arial,Helvetica">H. A. Weber, Prof. Agricultural Chemistry, +University of Ohio, Dr. William </font> +<br><font face="Arial,Helvetica">Frear, Assistant Director, Agricultural +Experiment Station of Pennsylvania, Dr. </font> +<br><font face="Arial,Helvetica">E. H. Jenkins, Director, Agricultural +Experiment Station of Connecticut; Dr. H. </font> +<br><font face="Arial,Helvetica">W. Wiley, Chief of the Bureau of Chemistry, +Department of Agriculture</font> +<p><font face="Arial,Helvetica"> This committee was enlarged +subsequently by additional members, but the five </font> +<br><font face="Arial,Helvetica">original members remained as its nucleus +and principal actors until the </font> +<br><font face="Arial,Helvetica">Secretary of Agriculture at the instigation +of the Solicitor of that Department </font> +<br><font face="Arial,Helvetica">abolished the committee by having the +authority for its continuance withdrawn </font> +<br><font face="Arial,Helvetica">from the appropriation bill. This, however, +only temporarily prevented its </font> +<br><font face="Arial,Helvetica">activities. Subsequently, after the Chief +of the Bureau resigned, it was </font> +<br><font face="Arial,Helvetica">reorganized and is still at work. The +value of the contribution made by these </font> +<br><font face="Arial,Helvetica">five original members is almost incalculable. +We had frequent meetings lasting </font> +<br><font face="Arial,Helvetica">for days at a time, usually held at the +Department of Agriculture, but in many </font> +<br><font face="Arial,Helvetica">cases we met in other cities where it +was more convenient for interested parties </font> +<br><font face="Arial,Helvetica">to attend. You may have some idea of the +extent of our investigations by seeing </font> +<br><font face="Arial,Helvetica">the official papers piled up on the table +before us, as shown in the </font> +<br><font face="Arial,Helvetica">illustration. The results of the deliberations +of this committee were published </font> +<br><font face="Arial,Helvetica">from time to time by the Department of +Agriculture as official documents. They </font> +<br><font face="Arial,Helvetica">have become the guide and director, not +only of the national food law, but also </font> +<br><font face="Arial,Helvetica">they have been approved and adopted by +the various states.</font> +<br><font face="Arial,Helvetica"> Before this committee also +appeared practically the same interests which on </font> +<br><font face="Arial,Helvetica">the enactment of the food law appeared +before the committee to establish rules </font> +<br><font face="Arial,Helvetica">and regulations to carry the law into +effect. They continually presented their </font> +<br><font face="Arial,Helvetica">claims for indulgences before the Food +Standards Committee. The character of </font> +<br><font face="Arial,Helvetica">this opposition has already been definitely +illustrated. It was not based on </font> +<br><font face="Arial,Helvetica">ethical grounds but on individual and +industrial interests without relation to </font> +<br><font face="Arial,Helvetica">the welfare of the consuming public.</font> +<br><font face="Arial,Helvetica"> The result of all these preliminary +investigations shows the wisdom and </font> +<br><font face="Arial,Helvetica">timeliness of their inauguration. Had +it not been for these fundamental </font> +<br><font face="Arial,Helvetica">investigations the Bureau of Chemistry +would have been totally unprepared to </font> +<br><font face="Arial,Helvetica">have organized the machinery which immediately +went into effect January 1, 1907.</font> +<br><font face="Arial,Helvetica"> It is hardly necessary to +add. that all the conferences, indulgences and </font> +<br><font face="Arial,Helvetica">collaborations with vested interests which +thereafter were resorted to as a </font> +<br><font face="Arial,Helvetica">means of defeating the purpose of the +law have effectively nullified the </font> +<br><font face="Arial,Helvetica">efficiency of the standards originally +established.</font> +<br><font face="Arial,Helvetica"> The Secretaries of the Treasury +and Commerce cannot be blamed for affixing </font> +<br><font face="Arial,Helvetica">their signatures to these documents. They +assumed that these decisions were </font> +<br><font face="Arial,Helvetica">intended to carry the provisions of the +law into effect. The Secretary of </font> +<br><font face="Arial,Helvetica">Agriculture stood in a different position. +He knew the exact purpose of putting </font> +<br><font face="Arial,Helvetica">the decisions of the Remsen Board into +effect. He boldly proclaimed that the </font> +<br><font face="Arial,Helvetica">Board was created to protect the manufacturers. +Leaving his Solicitor to </font> +<br><font face="Arial,Helvetica">interpret the law, he was firmly convinced +that these restrictions were legal </font> +<br><font face="Arial,Helvetica">and binding. He gave himself wholeheartedly +to the effective plan of prohibiting </font> +<br><font face="Arial,Helvetica">the Bureau of Chemistry from exercising +its duty to enforce the law according to </font> +<br><font face="Arial,Helvetica">its letter and spirit. The food and drugs +law became a hopeless paralytic. It </font> +<br><font face="Arial,Helvetica">still breathed but its step was tottering +and its hand shaky. The clot on its </font> +<br><font face="Arial,Helvetica">brain has become encysted. There is no +hope that it will ever be absorbed. Only </font> +<br><font face="Arial,Helvetica">a capital operation will restore it to +health.</font> +<br><font face="Arial,Helvetica">FOOD INSPECTION DECISIONS</font> +<br><font face="Arial,Helvetica"> From June 30, 1906, the date +the Food and Drugs Act became a law, until </font> +<br><font face="Arial,Helvetica">January 1, 1907, when it went into effect, +numerous questions were propounded to </font> +<br><font face="Arial,Helvetica">the Bureau of Chemistry by interested +parties respecting the scope and meaning </font> +<br><font face="Arial,Helvetica">of many of its requirements. The Bureau +of Chemistry to the best of its ability </font> +<br><font face="Arial,Helvetica">interpreted, as the prospective enforcing +unit, the intent of the law. Following </font> +<br><font face="Arial,Helvetica">the usual customs in such cases these +opinions were taken to the Secretary of </font> +<br><font face="Arial,Helvetica">Agriculture for signature. The last Food +Inspection Decision prior to 1907 was </font> +<br><font face="Arial,Helvetica">No. 48, issued Dec. 13, 1906.</font> +<br><font face="Arial,Helvetica"> For a few days after January +1, 1907, the Bureau of Chemistry was </font> +<br><font face="Arial,Helvetica">unrestricted in its first steps to carry +the law into effect. Although all </font> +<br><font face="Arial,Helvetica">matters relating to adulteration or misbranding +were now solely to be </font> +<br><font face="Arial,Helvetica">adjudicated by the Bureau, it was decided +to continue to have these opinions, as </font> +<br><font face="Arial,Helvetica">heretofore, signed by the Secretary. The +first decision under the new regime was </font> +<br><font face="Arial,Helvetica">signed by the Secretary Jan. 8, 1907. +It discussed the time required to render </font> +<br><font face="Arial,Helvetica">decisions. It was prepared because many +persons presenting problems were </font> +<br><font face="Arial,Helvetica">complaining of delay.</font> +<br><font face="Arial,Helvetica"> An open break in the plan +of preparing decisions by the Bureau of Chemistry </font> +<br><font face="Arial,Helvetica">for the Secretary came in the case of +F. I. D. 64, signed. by the Secretary </font> +<br><font face="Arial,Helvetica">March 29, 1907. The question was, "What +is a sardine?" The Bureau prepared a </font> +<br><font face="Arial,Helvetica">decision that only the genuine sardine +prepared on the coasts of Spain, France </font> +<br><font face="Arial,Helvetica">and the Mediterranean Islands was entitled +to that name. The Secretary, due to </font> +<br><font face="Arial,Helvetica">protests from the Maine packers, referred +this problem to the Fish Commission of </font> +<br><font face="Arial,Helvetica">the Department of Commerce. The Fish Commission, +which had no function whatever </font> +<br><font face="Arial,Helvetica">in describing what was a misbranding, +made a decision diametrically opposed to </font> +<br><font face="Arial,Helvetica">that reached by the Bureau. It was as +follows:</font> +<br><font face="Arial,Helvetica"> Commercially +the name sardine has come to signify any small, canned </font> +<br><font face="Arial,Helvetica"> clupeoid fish; and the methods +of valuation are so various that it is </font> +<br><font face="Arial,Helvetica"> impossible to establish any absolute +standard of quality. It appears to this </font> +<br><font face="Arial,Helvetica"> Department that the purposes of +the Pure Food law will be carried out and the </font> +<br><font face="Arial,Helvetica"> public fully protected if all sardines +bear labels showing the place where </font> +<br><font face="Arial,Helvetica"> produced and the nature of the +ingredients used in preserving or flavoring the </font> +<br><font face="Arial,Helvetica"> fish. </font> +<br><font face="Arial,Helvetica"> The Fish Commission, being +in the Department of Commerce, would consider any </font> +<br><font face="Arial,Helvetica">commercial process or practice as of more +importance than the plain provisions </font> +<br><font face="Arial,Helvetica">of the food law looking to the protection +of the public against misbranding. The </font> +<br><font face="Arial,Helvetica">Secretary of Agriculture ignored the protest +of the Bureau of Chemistry to this </font> +<br><font face="Arial,Helvetica">decision, placing a trade practice above +the plain precepts of the law. The </font> +<br><font face="Arial,Helvetica">Secretary of Agriculture said:</font> +<br><font face="Arial,Helvetica"> In harmony with the opinion +of the experts of the Bureau of Fisheries, the </font> +<br><font face="Arial,Helvetica">Department of Agriculture holds that the +term "sardine" may be applied to any </font> +<br><font face="Arial,Helvetica">small fish described above and that the +name "sardine" should be accompanied </font> +<br><font face="Arial,Helvetica">with the name of the country or state +in which the fish are taken and prepared </font> +<br><font face="Arial,Helvetica">and with a statement of the nature of +the ingredients used in preserving or </font> +<br><font face="Arial,Helvetica">flavoring the fish.</font> +<br><font face="Arial,Helvetica"> The Ambassador of France +earnestly indicated to me in a personal interview </font> +<br><font face="Arial,Helvetica">his feeling that the sardine packers in +France would be subjected to a ruinous </font> +<br><font face="Arial,Helvetica">competition by permitting young sprats +and young herrings to be prepared </font> +<br><font face="Arial,Helvetica">according to the manner of the French +sardine and thus enter into direct </font> +<br><font face="Arial,Helvetica">competition therewith. I believe also +the French Ambassador voiced his objection </font> +<br><font face="Arial,Helvetica">to this decision in a diplomatic way with +a protest filed with the Secretary of </font> +<br><font face="Arial,Helvetica">State. Both this protest and the plain +provision of the law that the Bureau of </font> +<br><font face="Arial,Helvetica">Chemistry should decide all cases as to +whether or not the articles were </font> +<br><font face="Arial,Helvetica">adulterated and mi sbranded failed to +have any effect whatever on the Secretary </font> +<br><font face="Arial,Helvetica">of Agriculture. This was the second official +departure of the Secretary of </font> +<br><font face="Arial,Helvetica">Agriculture from the plain provisions +of the law. His whisky decision, which </font> +<br><font face="Arial,Helvetica">Secretary Bonaparte turned down, was the +first.</font> +<br><font face="Arial,Helvetica">THE BOARD OF FOOD AND DRUG INSPECTION</font> +<br><font face="Arial,Helvetica"> Soon after this incident +the Board of Food and Drug Inspection was formed in </font> +<br><font face="Arial,Helvetica">the Secretary's office. Theretofore the +Chief of the Bureau of Chemistry had not </font> +<br><font face="Arial,Helvetica">affixed his official signature to the +Food Inspection Decisions which he had </font> +<br><font face="Arial,Helvetica">prepared and the only signature these +decisions carried was that of the </font> +<br><font face="Arial,Helvetica">Secretary of Agriculture. After the organization +of the Board of Food and Drug </font> +<br><font face="Arial,Helvetica">Inspection the Secretary required that +all the decisions of that Board submitted </font> +<br><font face="Arial,Helvetica">to him for approval should be signed by +at least two members of the Board. The </font> +<br><font face="Arial,Helvetica">first decision thus signed was Food Inspection +Decision No. 69. The three </font> +<br><font face="Arial,Helvetica">members of the Board affixed their signatures +to this and the Secretary of </font> +<br><font face="Arial,Helvetica">Agriculture approved it on May 14, 1907.</font> +<br><font face="Arial,Helvetica">FOOD AND DRUG DECISIONS SIGNED BY THE +SECRETARIES</font> +<br><font face="Arial,Helvetica">AUTHORIZED BY LAW TO MAKE RULES AND REGULATIONS</font> +<br><font face="Arial,Helvetica"> It so happened that when +the decisions of this board were deemed of </font> +<br><font face="Arial,Helvetica">extraordinary importance the practice +arose of having them approved, not by the </font> +<br><font face="Arial,Helvetica">Secretary of Agriculture alone, but by +the three Secretaries authorized by law </font> +<br><font face="Arial,Helvetica">to make rules and regulations for the +enforcement of the act. When these </font> +<br><font face="Arial,Helvetica">Secretaries therefore signed a Food Inspection +Decision it became a rule and </font> +<br><font face="Arial,Helvetica">regulation. The first decision of this +kind thus signed was Food Inspection </font> +<br><font face="Arial,Helvetica">Decision No. 76, concerning dyes, chemicals +and preservatives in foods.</font> +<br><font face="Arial,Helvetica">OPINIONS OF EXPERTS</font> +<br><font face="Arial,Helvetica"> Some time prior to the issuance +of this decision, and in fact long before </font> +<br><font face="Arial,Helvetica">there was any hint that the functions +of the Bureau of Chemistry would be </font> +<br><font face="Arial,Helvetica">usurped illegally, questionnaires had +been sent to three or four hundred </font> +<br><font face="Arial,Helvetica">prominent physiologists and dietitians +in the United States as to their attitude </font> +<br><font face="Arial,Helvetica">in regard to the use of preservatives +and coloring matters in foods. The </font> +<br><font face="Arial,Helvetica">questions propounded and the number of +answers received, both negative and </font> +<br><font face="Arial,Helvetica">affirmative, are as follows:</font> +<br><font face="Arial,Helvetica"> 1. Are preservatives, +other than the condimental preservatives, namely, </font> +<br><font face="Arial,Helvetica"> sugar, salt, alcohol, vinegar, +spices and wood smoke, injurious to health? </font> +<br><font face="Arial,Helvetica"> Affirmative, 218; negative, 33.</font> +<br><font face="Arial,Helvetica"> 2. Does the introduction +of any of the preservatives, which you deem </font> +<br><font face="Arial,Helvetica"> injurious to health, render the +foods injurious to health? Affirmative, 222; </font> +<br><font face="Arial,Helvetica"> negative, 29.</font> +<br><font face="Arial,Helvetica"> 3. If a substance +added to food is injurious to health, does it become so </font> +<br><font face="Arial,Helvetica"> when a certain quantity is present +only, or is it so in any quantity whatever? </font> +<br><font face="Arial,Helvetica"> Affirmative, 169; negative, 79.</font> +<br><font face="Arial,Helvetica"> 4. If a substance +is injurious to health, is there any special limit to the </font> +<br><font face="Arial,Helvetica"> quantity which may be used which +may be fixed by regulation of our law? </font> +<br><font face="Arial,Helvetica"> Affirmative, 68; negative, 183.</font> +<br><font face="Arial,Helvetica"> 5. If foods can +be perfectly preserved without the addition of chemical </font> +<br><font face="Arial,Helvetica"> preservatives, is their addition +ever advisable? Affirmative, 12; negative, </font> +<br><font face="Arial,Helvetica"> 247. </font> +<br><font face="Arial,Helvetica"> It is readily seen from this +tabulation that the opinion of physiologists, </font> +<br><font face="Arial,Helvetica">hygienists, health officers and physicians +in the United States to whom these </font> +<br><font face="Arial,Helvetica">questionnaires were sent is overwhemingly +against their use. These opinions of </font> +<br><font face="Arial,Helvetica">distinguished experts were obtained before +the Remsen Board was ever thought of. </font> +<br><font face="Arial,Helvetica">(Food Inspection Decision No. 76, Pages +5 and 6.)</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 87 is signed by the three Secretaries as a rule </font> +<br><font face="Arial,Helvetica">and regulation. It is neither. It was +an opinion that the term "corn sirup" is a </font> +<br><font face="Arial,Helvetica">proper label for the substance commonly +known as glucose. This opinion repealed </font> +<br><font face="Arial,Helvetica">the opinion of the Bureau of Chemistry, +which, after a long argument, was </font> +<br><font face="Arial,Helvetica">endorsed also by the other two members +of the Board of Food and Drug Inspection. </font> +<br><font face="Arial,Helvetica">Thus the three Secretaries authorized +by law to make rules and. regulations </font> +<br><font face="Arial,Helvetica">usurped the function of the Bureau of +Chemistry in regard to what was a proper </font> +<br><font face="Arial,Helvetica">label under the law.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 102 was signed by the three Secretaries, </font> +<br><font face="Arial,Helvetica">legalizing the introduction into the United +States of vegetables greened with </font> +<br><font face="Arial,Helvetica">copper. This was clearly another usurpation +of the functions of the Bureau of </font> +<br><font face="Arial,Helvetica">Chemistry.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 104 legalized the use of benzoate of soda and </font> +<br><font face="Arial,Helvetica">benzoic acid and was signed by the three +Secretaries authorized by law to make </font> +<br><font face="Arial,Helvetica">rules and regulations for carrying out +its purposes. It was directly contrary to </font> +<br><font face="Arial,Helvetica">the decision of the Bureau of Chemistry +that these preservatives were illegal </font> +<br><font face="Arial,Helvetica">under the Act.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 107 is the opinion of the Attorney-General that </font> +<br><font face="Arial,Helvetica">the Referee Board was appointed in a perfectly +legal way. In making this </font> +<br><font face="Arial,Helvetica">decision Mr. Wickersham vetoed the decision +of Assistant Attorney-General </font> +<br><font face="Arial,Helvetica">Fowler, holding that the Referee Board +was illegally appointed. He adopted in </font> +<br><font face="Arial,Helvetica">the main the decision of Solicitor George +P. McCabe that it was legally </font> +<br><font face="Arial,Helvetica">appointed. The Referee Board usurped many +of the specific functions of the </font> +<br><font face="Arial,Helvetica">Bureau of Chemistry, committted to that +Bureau by express wording of the Act.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 113 as to the proper labeling of whisky and its </font> +<br><font face="Arial,Helvetica">mixtures, a function specifically confided +to the Bureau of Chemistry by law, </font> +<br><font face="Arial,Helvetica">was signed by the three Secretaries, authorized +to make rules and regulations </font> +<br><font face="Arial,Helvetica">for carrying the law into effect. It repealed +the decision of the former </font> +<br><font face="Arial,Helvetica">Attorney-General, Mr. Charles J. Bonaparte, +and all previous Food Inspection </font> +<br><font face="Arial,Helvetica">Decisions relating thereto.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No, 118 is an extension of No. 113, just described, </font> +<br><font face="Arial,Helvetica">and of the same character.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 127 is a decision of Attorney-General Wickersham </font> +<br><font face="Arial,Helvetica">in regard to the proper labeling of whiskies +sold under distinctive names. It is </font> +<br><font face="Arial,Helvetica">also a complete reversal of the decisions +in regard to proper labeling reached </font> +<br><font face="Arial,Helvetica">by the Bureau of Chemistry, and confirmed +by many decisions of federal courts.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 135, in regard to saccharin, is a direct </font> +<br><font face="Arial,Helvetica">assumption of authority granted specifically +by law to the Bureau of Chemistry. </font> +<br><font face="Arial,Helvetica">It was signed by the three Secretaries +authorized to make the rules and </font> +<br><font face="Arial,Helvetica">regulations for carrying the law into +effect.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 138 refers to the same subject and is signed by </font> +<br><font face="Arial,Helvetica">the three Secretaries.</font> +<br><font face="Arial,Helvetica">FAREWELL TO McCABE AND DUNLAP</font> +<br><font face="Arial,Helvetica"> On the publication of the +report of the findings of the Moss Committee Mr. </font> +<br><font face="Arial,Helvetica">George P. McCabe retired from the Board +of Food and Drug Inspection, and Mr. F. </font> +<br><font face="Arial,Helvetica">L. Dunlap was given an indefinite leave +of absence. Mr. R. E. Doolittle was </font> +<br><font face="Arial,Helvetica">appointed in Mr. McCabe's place.</font> +<br><font face="Arial,Helvetica"> Food Inspection Decision +No. 140, issued Feb. 12, 1912, was signed by H. W. </font> +<br><font face="Arial,Helvetica">Wiley and R. E. Doolittle and approved +by James Wilson.</font> +<br><font face="Arial,Helvetica"> On Feb. 17, 1912, Mr. Dunlap, +having returned from his vacation, signed </font> +<br><font face="Arial,Helvetica">together with H. W. Wiley and R. E. Doolittle +Food Inspection Decision No. 141.</font> +<br><font face="Arial,Helvetica"> On Feb. 29, 1912, Food Inspection +Decision No. 142, in regard to the use of </font> +<br><font face="Arial,Helvetica">saccharin in foods, was signed by two +of the Secretaries, namely James Wilson </font> +<br><font face="Arial,Helvetica">and Charles Nagel, but the Secretary of +the Treasury dissented. This was a </font> +<br><font face="Arial,Helvetica">function specifically committed to the +Bureau of Chemistry by the law.</font> +<br><font face="Arial,Helvetica"> The last Food Inspection +Decision which I signed was No. 141 as to the proper </font> +<br><font face="Arial,Helvetica">labeling of maraschino cherries. Mr. R. +E. Doolittle was appointed as acting </font> +<br><font face="Arial,Helvetica">chief and took my place as Chairman of +the Board of Food and Drug Inspection for </font> +<br><font face="Arial,Helvetica">the remainder of its hectic career.</font> +<br><font face="Arial,Helvetica"> Mr. F. L. Dunlap resigned +from his position as Associate-Chemist at the time </font> +<br><font face="Arial,Helvetica">of the inauguration of President Wilson +in his first term as President. Dr. Carl </font> +<br><font face="Arial,Helvetica">L. Alsberg, who had been appointed Chief +of the Bureau of Chemistry in the place </font> +<br><font face="Arial,Helvetica">of R. E. Doolittle, became by that office +the Chairman of the Food Inspection </font> +<br><font face="Arial,Helvetica">Board and became associated with Dr. W. +D. Bigelow and Dr. A. S. Mitchell as the </font> +<br><font face="Arial,Helvetica">new Board of Food and Drug Inspection, +the first decision of which was approved </font> +<br><font face="Arial,Helvetica">by James Wilson, Secretary of Agriculture, +Jan. 24, 1913.</font> +<br><font face="Arial,Helvetica">RESIGNATION</font> +<br><font face="Arial,Helvetica"> On March 15, 1912, having +been convinced that it was useless for me to remain </font> +<br><font face="Arial,Helvetica">any longer as a Chief of the Bureau which +had been deprived of practically all </font> +<br><font face="Arial,Helvetica">its authority under the law, I resigned.</font> +<br><font face="Arial,Helvetica"> Letter of Resignation of +Dr. H. W. Wiley March 15, 1912.</font> +<br><font face="Arial,Helvetica"> In retiring from +this position after so many years of service it seems </font> +<br><font face="Arial,Helvetica"> befitting that I should state briefly +the causes which have led me to this </font> +<br><font face="Arial,Helvetica"> step. Without going into detail +respecting these causes, I desire to say that </font> +<br><font face="Arial,Helvetica"> the fundamental one is that I believe +I can find opportunity for better and </font> +<br><font face="Arial,Helvetica"> more effective service to the work +which is nearest my heart, namely, the pure </font> +<br><font face="Arial,Helvetica"> food and drug propaganda, as a +private citizen than I could any longer find in </font> +<br><font face="Arial,Helvetica"> my late position.</font> +<br><font face="Arial,Helvetica"> In this action +I do not intend in any way to reflect upon the position </font> +<br><font face="Arial,Helvetica"> which has been taken by my superior +officers in regard to the same problems. I </font> +<br><font face="Arial,Helvetica"> accord to them the same right to +act in accordance with their convictions </font> +<br><font face="Arial,Helvetica"> which I claim for myself.</font> +<br><font face="Arial,Helvetica"> After a quarter +of a century of constant discussion and effort the bill </font> +<br><font face="Arial,Helvetica"> regulating interstate and foreign +commerce in foods and drugs was enacted into </font> +<br><font face="Arial,Helvetica"> law. Almost from the very beginning +of the enforcement of this act I </font> +<br><font face="Arial,Helvetica"> discovered that my point of view +in regard to it was fundamentally different </font> +<br><font face="Arial,Helvetica"> from that of my superiors in office. +For nearly six years there has been a </font> +<br><font face="Arial,Helvetica"> growing feeling in my mind that +these differences were irreconcilable and I</font> +<br><font face="Arial,Helvetica"> have been conscious of an official +environment which has been essentially </font> +<br><font face="Arial,Helvetica"> inhospitable. I saw the fundamental +principles of the food and drugs act, as </font> +<br><font face="Arial,Helvetica"> they appeared to me, one by one +paralyzed or discredited.</font> +<br><font face="Arial,Helvetica"> It was the plain +provision of the act, and was fully understood at the time </font> +<br><font face="Arial,Helvetica"> of the enactment, as stated in +the law itself, that the Bureau of Chemistry </font> +<br><font face="Arial,Helvetica"> was to examine all samples of suspected +foods and drugs to determine whether </font> +<br><font face="Arial,Helvetica"> they were adulterated or misbranded +and that if this examination disclosed </font> +<br><font face="Arial,Helvetica"> such facts the matter was to be +referred to the courts for decision. Interest </font> +<br><font face="Arial,Helvetica"> after interest, engaged in what +the Bureau of Chemistry found to be the </font> +<br><font face="Arial,Helvetica"> manufacture of misbranded or adulterated +foods and drugs, made an appeal to </font> +<br><font face="Arial,Helvetica"> escape appearing in court to defend +their prac tices. Various methods were </font> +<br><font face="Arial,Helvetica"> employed to secure this end, many +of which were successful.</font> +<br><font face="Arial,Helvetica"> One by one I +found that the activities pertaining to the Bureau of </font> +<br><font face="Arial,Helvetica"> Chemistry were restricted and various +forms of manipulated food products were </font> +<br><font face="Arial,Helvetica"> withdrawn from its consideration +and referred either to other bodies not </font> +<br><font face="Arial,Helvetica"> contemplated by the law or directly +relieved from further control. A few of </font> +<br><font face="Arial,Helvetica"> the instances of this kind are +well known. Among these may be mentioned the </font> +<br><font face="Arial,Helvetica"> manufacture of so-called whisky +from alcohol, colors and flavors; the addition </font> +<br><font face="Arial,Helvetica"> to food products of benzoic acid +and its salts, of sulphurous acid and its </font> +<br><font face="Arial,Helvetica"> salts, of sulphate of copper, of +saccharin and of alum; the manufacture of </font> +<br><font face="Arial,Helvetica"> so-called wines from pomace, chemicals +and colors; the floating of oysters </font> +<br><font face="Arial,Helvetica"> often in polluted waters for the +purpose of making them look fatter and larger </font> +<br><font face="Arial,Helvetica"> than they really are for the purposes +of sale; the selling of mouldy, </font> +<br><font face="Arial,Helvetica"> fermented, decomposed and misbranded +grains; the offering to the people of </font> +<br><font face="Arial,Helvetica"> glucose under the name of "corn +sirup," thus taking a name which rightfully </font> +<br><font face="Arial,Helvetica"> belongs to another product made +directly from Indian corn stalks.</font> +<br><font face="Arial,Helvetica"> The official +toleration and validation of such practices have restricted </font> +<br><font face="Arial,Helvetica"> the activities of the Bureau of +Chemistry to a very narrow field. As a result </font> +<br><font face="Arial,Helvetica"> of these restrictions I have been +instructed to refrain from stating in any </font> +<br><font face="Arial,Helvetica"> public way my own opinion regarding +the effect of these substances upon </font> +<br><font face="Arial,Helvetica"> health, and this restriction has +interfered with my academic freedom of speech</font> +<br><font face="Arial,Helvetica"> on matters relating directly to +the public welfare.</font> +<br><font face="Arial,Helvetica"> These restrictions +culminated in the summer of 1911 with false charges of </font> +<br><font face="Arial,Helvetica"> misconduct made against me by my +colleagues in the Department of Agriculture, </font> +<br><font face="Arial,Helvetica"> which had it not been for the prompt +interference on the part of the President </font> +<br><font face="Arial,Helvetica"> of the United States (William Howard +Taft), to whom I am profoundly grateful, </font> +<br><font face="Arial,Helvetica"> would have led to my forcible separation +from the public service. After the </font> +<br><font face="Arial,Helvetica"> President of the United States +and a committee of Congress, as a result of a </font> +<br><font face="Arial,Helvetica"> searching investigation, had completely +exonerated me from any wrong doing in </font> +<br><font face="Arial,Helvetica"> this matter, I naturally expected +that those who had made these false charges </font> +<br><font face="Arial,Helvetica"> against me would no longer be continued +in a position which would make a </font> +<br><font face="Arial,Helvetica"> repetition of such an action possible. +The event, however, has not sustained </font> +<br><font face="Arial,Helvetica"> my expectations in this matter. +I was still left to come into daily contact </font> +<br><font face="Arial,Helvetica"> with men who secretly plotted my +destruction.</font> +<br><font face="Arial,Helvetica"> I am now convinced +that the freedom which belongs to every private American </font> +<br><font face="Arial,Helvetica"> citizen can be used by me more +fruitfully in rallying public opinion to the </font> +<br><font face="Arial,Helvetica"> support of the cause of pure food +and drugs than could the limited activity </font> +<br><font face="Arial,Helvetica"> left to me in the position which +I have just vacated. I propose to devote the </font> +<br><font face="Arial,Helvetica"> remainder of my life, with such +ability as I have at my command and with such </font> +<br><font face="Arial,Helvetica"> opportunities as may arise, to +the promotion of the principles of civic </font> +<br><font face="Arial,Helvetica"> righteousness and industrial integrity +which underlie the food and drugs act, </font> +<br><font face="Arial,Helvetica"> in the hope that it may be administered +in the interest of the people at </font> +<br><font face="Arial,Helvetica"> large, instead of that of a comparatively +few mercenary manufacturers and </font> +<br><font face="Arial,Helvetica"> dealers.</font> +<br><font face="Arial,Helvetica"> This hope is +heightened by my belief that a great majority of manufacturers </font> +<br><font face="Arial,Helvetica"> and dealers in foods and drugs +are heartily in sympathy with the views I have </font> +<br><font face="Arial,Helvetica"> held, and that these views are +endorsed by an overwhelming majority of the </font> +<br><font face="Arial,Helvetica"> press and of the citizens of the +country.</font> +<br><font face="Arial,Helvetica"> In severing my +official relations with the Secretary of Agriculture I take </font> +<br><font face="Arial,Helvetica"> this opportunity of thanking him +for the personal kindness and regard which he </font> +<br><font face="Arial,Helvetica"> has shown me during his long connection +with the department. </font> +<br><font face="Arial,Helvetica"> In a supplemental statement +to Secretary Wilson Dr. Wiley says:</font> +<br><font face="Arial,Helvetica"> In transferring +the management of the Bureau of Chemistry to other hands I </font> +<br><font face="Arial,Helvetica"> desire to direct your attention +to a few matters in which I think you will be </font> +<br><font face="Arial,Helvetica"> interested.</font> +<br><font face="Arial,Helvetica"> I have always +been a believer in the civil service law and have endeavored </font> +<br><font face="Arial,Helvetica"> to carry out both its spirit and +its letter. For this reason I have strongly </font> +<br><font face="Arial,Helvetica"> opposed, except in cases of extreme +necessity, the appointment of any person </font> +<br><font face="Arial,Helvetica"> in the bureau not secured from +the civil service register.</font> +<br><font face="Arial,Helvetica"> It is also a +matter of extreme gratification to me that in the twenty-nine </font> +<br><font face="Arial,Helvetica"> years which I have been chief of +this bureau to my knowledge there has never </font> +<br><font face="Arial,Helvetica"> been a cent wrongfully expended +and no officer or employe of this bureau has </font> +<br><font face="Arial,Helvetica"> ever been accused of misappropriation +of public funds. </font> +<br><font face="Arial,Helvetica"> Those whose memories carry +them back As far as 1912 will recall that the </font> +<br><font face="Arial,Helvetica">resignation of the Chief of the Bureau +of Chemistry created quite a commotion. </font> +<br><font face="Arial,Helvetica">Not only were the newspapers and magazines +full of references thereto, but the </font> +<br><font face="Arial,Helvetica">caricaturists took up the fight. One of +these cartoons in the Rocky Mountain </font> +<br><font face="Arial,Helvetica">News depicted Uncle Sam bidding adieu +to the departing Chief of the Bureau. </font> +<br><font face="Arial,Helvetica">Another striking cartoon depicted Uncle +Sam measuring the shoes of the departed </font> +<br><font face="Arial,Helvetica">chief. Among the hundreds of editorial +comments perhaps the most interesting are </font> +<br><font face="Arial,Helvetica">those made also by the Rocky Mountain +News., under the caption "The Borgias of </font> +<br><font face="Arial,Helvetica">Business."</font> +<br><font face="Arial,Helvetica"> "If the people +exhibited the same persistence in looking after their </font> +<br><font face="Arial,Helvetica"> interests that Illegitimate Business +displays in looking after its interests, </font> +<br><font face="Arial,Helvetica"> the things of which we complain +would soon be brought to an end, and </font> +<br><font face="Arial,Helvetica"> prosperity, like a tidal wave, +would flood the land.</font> +<br><font face="Arial,Helvetica"> "For twenty years +at least, the food poisoners of the country have waged </font> +<br><font face="Arial,Helvetica"> warfare on Dr. Harvey W. Wiley, +and since the passage of the Pure Food act in </font> +<br><font face="Arial,Helvetica"> 1906 they have trebled efforts +to have him discharged. These Borgias of </font> +<br><font face="Arial,Helvetica"> business have won, for the circumstances +attending Dr. Wiley's recent </font> +<br><font face="Arial,Helvetica"> resignation make it, in practical +effect, a dismissal.</font> +<br><font face="Arial,Helvetica"> "Dr. Wiley resigned +because the fundamental principles of the Pure Food law </font> +<br><font face="Arial,Helvetica"> have been strangled; because he +has been powerless to punish the manufacturers </font> +<br><font face="Arial,Helvetica"> of misbranded and adulterated drugs +and foods; and because the powers of his </font> +<br><font face="Arial,Helvetica"> position had been nullified by +executive orders. * * *</font> +<br><font face="Arial,Helvetica"> "Dr. Wiley was +only head of the Bureau of Chemistry, but there is every</font> +<br><font face="Arial,Helvetica"> reason to believe that President +Taft will find that Dr. Wiley gave the </font> +<br><font face="Arial,Helvetica"> position an importance out of all +proportion to its standing."</font> +<br><font face="Arial,Helvetica"> --From the Rocky Mountain News, +March 21, 1912. </font> +<p><font face="Arial,Helvetica"> </font></td> +</tr> + +<tr> +<td> +<center><a href="mailto:drsaul@doctoryourself.com"><img SRC="images/e-mail.gif" BORDER=0 height=60 width=55></a> +<br><a href="mailto:drsaul@doctoryourself.com">Dr. Andrew Saul</a></center> +</td> + +<td></td> + +<td> +<hr WIDTH="100%"><font size=-2>AN IMPORTANT NOTE: This page is not +in any way offered as prescription, diagnosis nor treatment for any disease, +illness, infirmity or physical condition. Any form of self-treatment +or alternative health program necessarily must involve an individual's +acceptance of some risk, and no one should assume otherwise. Persons +needing medical care should obtain it from a physician. Consult your +doctor before making any health decision. </font> +<p><font size=-2>Neither the author nor the webmaster has authorized the +use of their names or the use of any material contained within in connection +with the sale, promotion or advertising of any product or apparatus. 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