OF THE ADULTERATION OF VINEGAR

[Sidenote: Sale of adulterated vinegar. Penalty. Public Statutes, chap. 60, § 69. 1883, 257, § 1.]

31. Every person who manufactures for sale or offers or exposes for sale as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, as may appear by proper tests, shall for each such offence be punished by fine of not less than fifty nor more than one hundred dollars.

[Sidenote: Sale of vinegar containing ingredients injurious to Health. Penalty Statutes Public Statutes, chap. 60, § 70.]

32. Every person who manufactures for sale, or offers or exposes for sale, any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars.

[Sidenote: Appointment of inspectors. Public Statutes, chap. 60, § 71.]

33. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties.

[Sidenote: Compensation of inspectors. 1883, chap. 257, § 2.]

34. Any city or town in which an inspector shall be appointed under the preceding section, may provide compensation for such inspector from the time of such appointment, and in default of such provision shall be liable in an action at law for reasonable compensation for services performed under such appointment.

(Chap. 307, Acts of 1884.)

AN ACT to prevent the adulteration of vinegar.

_Be it enacted &c., as follows_:--

[Sidenote: Sale of adulterated vinegar.]

SECTION 1. No person shall by himself, his servant or agent or as the servant or agent of any other person, sell, exchange, deliver or have in his custody or possession with intent to sell or exchange, or expose or offer for sale or exchange any adulterated vinegar, or label, brand or sell as cider vinegar, or as apple vinegar, any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider.

[Sidenote: Standard of vinegar prescribed.]

2. All vinegar shall have an acidity equivalent to the presence of not less than five per cent. by weight of absolute acetic acid, and in the case of cider vinegar shall contain in addition not less than one and one-half per cent. by weight of cider vinegar solids upon full evaporation over boiling water, and if any vinegar contains less than the above amount of acidity, or if any cider vinegar contains less than the above amount of cider vinegar solids, such vinegar shall be deemed to be adulterated within the meaning of this Act.

[Sidenote: Milk inspectors to enforce Act.]

3. It shall be the duty of the inspectors of milk who may be appointed by any city or town to enforce the provisions of this Act.

[Sidenote: Penalty for violation.]

4. Whoever violates any of the provisions of this Act shall be punished by fine not exceeding one hundred dollars.

5. All Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved June 2, 1884.

The method of testing vinegar, used by Dr. B. F. Davenport, late Vinegar Inspector of Boston, is as follows:--

The following detailed practical method of determining whether a sample of “cider vinegar or apple vinegar” conforms to the requirements of the Statute of April 1885, relating thereto, which requires that it should be not only the legitimate and exclusive product of pure apple juice or cider, but also that it should not fall below the quality of possessing an acidity equivalent to the presence of not less than 4½ per cent. by weight of absolute--that is, monohydrated--acetic acid, and should yield upon full evaporation at the temperature of boiling water not less than 2 per cent. by weight of cider vinegar solids, may prove of interest to those dealing in the article. As the limits set by the Statute are in per cents. by weight, the portion of vinegar taken for the tests should, for perfect accuracy, be also taken by weight--that is, the quantities of 6 and of 10 grammes are to be taken for the tests of strength and of residue; but as taking it by measure, if of about the ordinary atmospheric temperature of 60 to 70 degrees F. will make the apparent percentage at most only 1 to 2 per cent. of itself greater than the true--that is, will make a true 5 per cent. vinegar appear to be, say, from 5·05 to 5·10 per cent.--measuring proves in practice to be accurate enough for all common commercial purposes, and therefore the quantities of 6 and of 10 cubic centimetres by measure may be taken in place of as many grammes.

All the measuring apparatus necessary for making the legal tests is one of the measuring tubes called burettes. It is most convenient to have this of a size to contain 25 to 50 c.c.--that is, cubic centimetres--and have these divided into tenths. The best form of burette is the Mohr’s, which is closed by a glass stop-cock. Besides this, only a dropping-tube, called a pipette, graduated to deliver 6 and 10 c.c., will be needed. These tubes are to be obtained of any philosophical or chemical apparatus dealer, being articles generally kept in stock by them for common use, like yard-sticks.

The only two chemicals needed in determining the strength of a vinegar are such as can be obtained of any competent apothecary in any city of the State. They are simply a small vial of a 1 per cent. solution of Phenol-phthalein in diluted alcohol, and a sufficient quantity of a solution of caustic soda, prepared as directed for “Volumetric Solution of Soda” upon page 399 of the last ‘U. S. Pharmacopœia,’ a book which is in the hands of every competent apothecary, as it contains the formulæ according to which he is required by the law of the State to prepare all such medicinal preparations as are mentioned therein.

Having these, the procedure for making the test will be as follows:--Fill the pipette by suction, and then quickly close the top of it with the forefinger. Raise the tube out of the sample of vinegar, and let it empty out by drops exactly down to the top graduation-mark, this bearing the mark of 0· c.c. Then holding it over a white mug or cup, let it run out exactly down to the 6 c.c. mark. Dilute the 6 c.c. of vinegar thus measured out into the mug with sufficient clean water to make it look about white, and then add to it about three drops of the Phenol-phthalein solution. Then having prepared the burette by filling it up to the top, zero, or any other noted mark of the graduation, with the volumetric solution of soda, let the soda solution run out cautiously into the diluted vinegar, which should be constantly stirred about. As soon as the vinegar in the mug begins to darken, the soda should then only be allowed to run into it by drops. This dropping is thus continued until at last a final drop of soda turns the vinegar suddenly to a permanent pink or cherry colour, which will not disappear upon further stirring. By now reading off from the graduations of the burette the number of full c.c. divisions and of tenths which have been emptied out to bring about this change of colour in the vinegar is known the per cents. and tenths of acidity equivalent to true acetic acid contained in the vinegar being examined. This, if it is a pure cider vinegar, and well made, will be upon the average about 6 per cent., but never under 5 per cent. If, in like manner, 10 c.c. of the vinegar is exactly measured off by the pipette into a small light porcelain dish, and then evaporated fully to dryness over boiling water, the number of grammes weight gained by the dish, when multiplied by ten, gives the percentage of solid residue contained in the vinegar.

There are certain characteristics peculiar to the residue of a pure cider vinegar, the principal of which are the following:--It will be about 3 per cent. in weight, and never less than 2 per cent. It is always soft, viscid, of apple flavour, somewhat acid and astringent in taste. A drop of it taken up in a clean loop of platinum or of iron wire, and ignited in a colourless Bunsen gas-lamp flame, imparts to it the pale lilac colour of a pure potash salt, without any yellow, due to sodium, being visible. The ignited residue left in the loop of wire will be a fusible bead of quite a good size, and it will have a strong alkaline reaction upon moistened test-paper, effervescing briskly when immersed in an acid. The presence in a vinegar of the _slightest_ trace of any free mineral acid will prevent the ignited residue having any alkaline reaction, or effervescing with acids. The presence of any practical amount of commercial acetic acid added to “tone up” the strength of the vinegar will cause the igniting residue to impart another colour to the Bunsen flame, and the residue itself will have a smoky pyroligneous taste or odour. Any corn glucose used in the vinegar will cause its residue when ignited to emit the characteristic odour of burning corn, and, as the last spark glows through the carbonised mass, to usually emit the familiar garlic odour of arsenic, for the common oil of vitriol usually used in the production of glucose is now mostly derived from pyrites, which almost always contain arsenic. A glucose vinegar which has been made without vaporising the alcohol after the fermentation of the glucose will also have a strong reducing action upon a copper salt in an alkaline solution, and also will give a heavy precipitation of lime with ammonium oxalate. A true malt vinegar always contains phosphates, and a wine vinegar cream of tartar. The presence of any acrid vegetable substance in a vinegar is known by the residue having a pungent taste, especially if before the

In a pure apple cider vinegar hydrogen sulphide gas will not cause any discoloration, nor will the addition of a solution of either barium nitrate, silver nitrate, or ammonium oxalate cause anything more than the _very slightest_ perceptible turbidity. But the addition of some solution of lead acetate--that is, of sugar of lead--will cause an immediate voluminous and flocculent precipitation, which will all settle out in about ten minutes, leaving a clear fluid above. In most of the so-called “apple vinegars,” made with second pressings of the fermenting pumice, the addition of some of this lead solution will cause but a slight turbidity, without any precipitate settling out for several hours, and even then the precipitate will not be of the same appearance as in apple cider vinegar.

Sophistications of cider vinegar that will not be detected by some one or more of the above given tests are not likely to be met with, for the simple reason that they are not profitable. To translate percentages of acid strength into the old commercial terms of grains of soda bicarbonate per troy ounce, the per cent. may be multiplied by 6·72, or, _vice versâ_, divide the grains by the same factor. To reduce it into grains of potash bicarbonate 8 would be the factor to be used in like manner.

The general Adulteration of Food Law of the State of New Jersey is the same as that of New York. The following is a copy of a special Act in relation to the sale of adulterated milk:--

AN ACT to prevent the adulteration of milk and to regulate the sale of milk.

[Sidenote: Persons selling or offering for sale skimmed milk, to solder a label or tag upon can or package.]

[Sidenote: Penalty for violating this section.]

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, that every person who shall sell, or who shall offer or expose for sale, or who shall transport or carry, or who shall have in possession with intent to sell, or offer for sale, any milk from which the cream, or any part thereof has been removed, shall distinctly, durably and permanently solder a label, tag or mark of metal in a conspicuous place upon the outside and not more than six inches from the top of every can, vessel or package containing such milk, and said metal label, tag or mark shall have the words “skimmed milk” stamped, engraved or indented thereon in letters not less than one inch in height, and such milk shall only be sold or shipped in or retailed out of a can, vessel or package so marked, and every person who shall violate the provisions of this section shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: Penalty for selling or offering for sale impure or adulterated milk.]

2. And be it enacted, that every person who shall sell, or who shall offer for sale, or who shall transport or carry, for the purposes of sale, or who shall have in possession with intent to sell or offer for sale, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: Penalty for adulterating milk and keeping cows in an unhealthy condition, etc.]

3. And be it enacted, that every person who shall adulterate milk or who shall keep cows for the production of milk, in a crowded or unhealthful condition, or feed the same on food that produces impure, diseased or unwholesome milk, shall be deemed guilty of a misdemeanour, and on conviction thereof, shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: Addition of water or other substance declared an adulteration.]

4. And be it enacted, that the addition of water or any substance or thing is hereby declared an adulteration; and milk that is obtained from animals that are fed on distillery waste, usually called “swill,” or upon any substance in a state of putrefaction or rottenness, or upon any substance of an unhealthful nature, is hereby declared to be impure and unwholesome, and any person offending as aforesaid shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: Penalty for feeding cows on unwholesome substances.]

5. And be it enacted, that every person who shall feed cows on distillery waste, usually called “swill,” or upon any substance in a state of putrefaction, or rottenness or upon any substance of an unwholesome nature, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: Penalty for selling or offering for sale milk exposed to certain diseases.]

6. And be it enacted, that every person who shall sell, or who shall offer for sale any milk that has been exposed to, or contaminated by the emanations, discharge or exhalations from persons sick with scarlet fever, measles, diphtheria, small pox, typhoid fever, or any contagious disease by which the health or life of any person may be endangered or compromised, shall be guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.

[Sidenote: When milk is deemed to be adulterated.]

7. And be it enacted, that in all prosecutions under this Act, if the milk shall be shown, upon analysis, to contain more than eighty-seven per centum of watery fluids, or to contain less than thirteen per centum of milk solids, it shall be deemed, for the purposes of this Act, to be adulterated.

[Sidenote: Penalty for violating the provisions of this Act.]

8. And be it enacted, that every person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanour, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both, at the discretion of the court, and if the fine is not immediately paid, shall be imprisoned for not less than thirty days, or until said fine shall be paid, and for a second offence by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than sixty days, nor more than ninety days, or both, at the discretion of the court, and for any subsequent offence by a fine of fifty dollars and imprisonment in the county jail not less than sixty nor more than ninety days; and on trial for such misdemeanour or penalty, the sale, or offer for sale, or exposure for sale, of milk or articles contrary to the provisions of this Act, shall be presumptive evidence of knowledge by the accused of the character of the milk or article so sold, or offered, or exposed for sale, and that the can, vessel or package was not marked as required by this Act.

[Sidenote: Penalties--how recovered.]

9. And be it enacted, that all penalties imposed under the provisions of this Act may be sued for in any court having competent jurisdiction, one-half the fine to go to the person making the complaint, and the other half to be paid to the county collector for the benefit of the county; any court of competent jurisdiction in this state shall have jurisdiction to try and dispose of all and any of the offences arising in the same county against the provisions of this Act, and every justice of the peace shall have jurisdiction within his county of actions to recover any penalty hereby given or created.

[Sidenote: State Board of Health empowered to appoint an inspector of milk.]

[Sidenote: Compensation and expenses--how paid.]

[Sidenote: Duties of inspector.]

[Sidenote: Inspector to advertise name and place of business of persons convicted of violating this Act.]

[Sidenote: Proviso.]

10. And be it enacted, that the State Board of Health is hereby empowered and directed to appoint, each year, a competent person, who shall act as State inspector of milk, at a salary of eight hundred dollars per annum, payable by the treasurer of this State, by warrant of the comptroller, in quarterly payments, for the purposes of this Act, and in addition thereto, said inspector shall be paid his actual travelling expenses while in the performance of his duties, and actual expenses of suits brought by him under this Act, payable by the treasurer of this State by warrant of the comptroller; said inspector shall act until removed by said board, or until his successor is appointed, and shall make such reports to said board, at such time as it may direct; said inspector, having reason to believe the provisions of this Act are being violated, shall have power to open any can, vessel, or package containing milk and not marked as directed by the first section of this Act, whether sealed, locked or otherwise, or whether in transit or otherwise; and if, upon inspection, he shall find such can, vessel or package to contain any milk which has been adulterated, or from which the cream, or any part thereof, has been removed, or which is sold, offered or exposed for sale, or held in possession with intent to sell or offer for sale, in violation of any section of this Act, said inspector is empowered to condemn the same and pour the contents of such can, vessel or package upon the ground, and bring suit against the person or party so violating the law, and the penalty, when so collected by such suit, shall be paid into the treasury of this State, and said inspector is directed to cause the name and place of business of all persons convicted of violating any section of this Act to be published once in two newspapers in the county in which the offence is committed; and said inspector is empowered to appoint one or more deputies, who shall have power to inspect milk, as provided by

[Sidenote: Inspector to be a public analyst.]

11. And be it enacted, that said State inspector of milk shall also be a public analyst, and shall make analyses and investigations of food, drugs, and other substances, as he may be directed so to do by the State Board of Health.

[Sidenote: Certain Acts repealed.]

12. And be it enacted, that an Act entitled “An Act to prevent the adulteration of milk, and to prevent traffic in impure and unwholesome milk,” approved April seventh, one thousand eight hundred and seventy-five, and an Act, entitled “An Act to regulate the sale of milk,” approved April fifth, one thousand eight hundred and seventy-eight, and an Act entitled “A supplement to an Act to regulate the sale of milk, approved April fifth, one thousand eight hundred and seventy-eight,” approved March twelfth, one thousand eight hundred and eighty, are hereby repealed.

13. And be it enacted, that this Act shall take place immediately.

Approved March 22, 1881.

The New Jersey State Board of Health has adopted the following rules for the government of its inspectors and analysts:--