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<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>
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<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>
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<br><a href="mailto:drsaul@doctoryourself.com">Dr. Andrew Saul</a></center>
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