OPINIONS OF EXPERTS

Some time prior to the issuance of this decision, and in fact long before there was any hint that the functions of the Bureau of Chemistry would be usurped illegally, questionnaires had been sent to three or four hundred prominent physiologists and dietitians in the United States as to their attitude in regard to the use of preservatives and coloring matters in foods. The questions propounded and the number of answers received, both negative and affirmative, are as follows:

1. Are preservatives, other than the condimental preservatives, namely, sugar, salt, alcohol, vinegar, spices and wood smoke, injurious to health? Affirmative, 218; negative, 33.

2. Does the introduction of any of the preservatives, which you deem injurious to health, render the foods injurious to health? Affirmative, 222; negative, 29.

3. If a substance added to food is injurious to health, does it become so when a certain quantity is present only, or is it so in any quantity whatever? Affirmative, 169; negative, 79.

4. If a substance is injurious to health, is there any special limit to the quantity which may be used which may be fixed by regulation of our law? Affirmative, 68; negative, 183.

5. If foods can be perfectly preserved without the addition of chemical preservatives, is their addition ever advisable? Affirmative, 12; negative, 247.

It is readily seen from this tabulation that the opinion of physiologists, hygienists, health officers and physicians in the United States to whom these questionnaires were sent is overwhemingly against their use. These opinions of distinguished experts were obtained before the Remsen Board was ever thought of. (Food Inspection Decision No. 76, Pages 5 and 6.)

Food Inspection Decision No. 87 is signed by the three Secretaries as a rule and regulation. It is neither. It was an opinion that the term "corn sirup" is a proper label for the substance commonly known as glucose. This opinion repealed the opinion of the Bureau of Chemistry, which, after a long argument, was endorsed also by the other two members of the Board of Food and Drug Inspection. Thus the three Secretaries authorized by law to make rules and. regulations usurped the function of the Bureau of Chemistry in regard to what was a proper label under the law.

Food Inspection Decision No. 102 was signed by the three Secretaries, legalizing the introduction into the United States of vegetables greened with copper. This was clearly another usurpation of the functions of the Bureau of Chemistry.

Food Inspection Decision No. 104 legalized the use of benzoate of soda and benzoic acid and was signed by the three Secretaries authorized by law to make rules and regulations for carrying out its purposes. It was directly contrary to the decision of the Bureau of Chemistry that these preservatives were illegal under the Act.

Food Inspection Decision No. 107 is the opinion of the Attorney-General that the Referee Board was appointed in a perfectly legal way. In making this decision Mr. Wickersham vetoed the decision of Assistant Attorney-General Fowler, holding that the Referee Board was illegally appointed. He adopted in the main the decision of Solicitor George P. McCabe that it was legally appointed. The Referee Board usurped many of the specific functions of the Bureau of Chemistry, committted to that Bureau by express wording of the Act.

Food Inspection Decision No. 113 as to the proper labeling of whisky and its mixtures, a function specifically confided to the Bureau of Chemistry by law, was signed by the three Secretaries, authorized to make rules and regulations for carrying the law into effect. It repealed the decision of the former Attorney-General, Mr. Charles J. Bonaparte, and all previous Food Inspection Decisions relating thereto.

Food Inspection Decision No, 118 is an extension of No. 113, just described, and of the same character.

Food Inspection Decision No. 127 is a decision of Attorney-General Wickersham in regard to the proper labeling of whiskies sold under distinctive names. It is also a complete reversal of the decisions in regard to proper labeling reached by the Bureau of Chemistry, and confirmed by many decisions of federal courts.

Food Inspection Decision No. 135, in regard to saccharin, is a direct assumption of authority granted specifically by law to the Bureau of Chemistry. It was signed by the three Secretaries authorized to make the rules and regulations for carrying the law into effect.

Food Inspection Decision No. 138 refers to the same subject and is signed by the three Secretaries.