Show OPINION BY GENERAL GEM AT AI PRESENT SAlE SAIE OF AS No Xo matter mater if it is of a yellow yeoW hue that might ht indicate artificial coloring colorin the tte oleomargarine aline now handled by local dealers denIers has been tested and found to be befree befree befree free from harmful ingredients and according ac an corin cording to the opinion of Attorney Gen General eral A. A E. E Barnes filed fed with the tho state dairy and food department yesterday it may be sold on the Salt Sal take Lake City market The increased sale of oleomargarine arine since butter prices climbed so 80 hi high h alarmed some butter buter manufacturers to such an extent that letters leters were written writ writ- ten tan te to the dairy dair and food foot department complaining that the oleo oeo sold in inS S Salt lt Lako Lake would woul not comply with the requirements of the state food laws The question queston was referred to Attorney General Barnes Bares and hi hi opinion on the matter mater is is contained in the following letter to Mr Hansen t tI I II I I am In receipt of your our favor of ot the tho i with enclosure letter enclosure letter letter addressed addressed ad ad- adI I dressed to you under date of ot February 1 1 from W. W J K F. 01 Jensen president of ot the Jensen Creamery company and copy of ot reports made by Herman Harms Harm state chemist on three samples of ot garine garbo The Th criticism made by Mr Jensen is that this thi oleomargarine mae is colored by mixing with wih the oleo oil 01 and cotton coton seed I oil oU a certain per cent of ot June storage butter buter which has a natural grass graes color and gives the mixture quite quie a color and lila his contention Is that this is a violation of ot that provision found In section 7 76 C. C L Utah 1907 which reads as follows foIos Provided that nothing in this title shall be he construed to prohibit the manufacture ture or sale ale of ot oleomargarine In a separate separate lopa- lopa sepa sepa- rate and distinct form and in such sueh a manner as will wi advise the consumer of ot otIs Its Is real real- character but It must be free from coloration or Ingredients that cause cuse it to look like butter buter and free from any word wor brand or marking either cither upon the package or upon any wrapper rapper or upon the tho contents content of ot same ame Which would In any anywise wise tend to deceive the tho purchaser or consumer No Artificial Coloring It I appears from tho the analysis made by bythe bythe bythe the of ot oleomargarine manufactured manufactured man man- by b- three different concerns and which oleomargarine is now noW being sold In InthIs Inthis inthis this state that In no Instance Is there any artificial coloring used that the color of ot the oleomargarine Is light yellow yellowIn In one Instance and pale yellow elow In the theother theother theother other two instances By fly a statement made to you by the state chemist it I appears mae that a a certain degree of color may be imparted to oleomargarine oleomargarine oleo oleo- margarine without adding artificial color either by adding first y very nob colored natural l butter second n fat or tallow l of Jersey c cattle t third f rich lc colored oY re cotton cottonseed cottonseed tg seed see oil oU Has Government Stamp You state ette In your our leter letter to me in part as follows All AU the oleomargarine on our market is stamped with wil the following fol fol- lowing words Inspected and passed by bythe bythe the U. U U. U S. S Dept of ot Agriculture When I 1 have found oleomargarine or other goods with the above stamp I 1 have al always always al- al ways aYI held that It could safely be passed In this state under title tte 18 IS paragraph 33 C. C L. L of ot Utah 1907 You Tou further furher state It I is true tre that some of the oleomargarine on en our market mar mar- hat ket leet has the appearance of ot butter but In every ever case It t Is I properly labeled so fO as s not notto notto notto to deceive the the purchaser or consumer as to t just what It Is and you ou make the following request Kindly give me mo your opinion I if it- these brands of at oleomargarine that have hae the appearance of butter buter can ca be sold in the state of ot Utah Utah While Tle it I Is possible to place a construction construction con con- upon that provision above quoted and taken from section 7 C. C L. L of 01 Utah 1907 which would prevent the sale of oleomargarine in this state even though It were colored only by us using using using us- us ing as a one of ot the ingredients natural butter but but- ter yet I do clo not not- believe beleve the tho legislature Intended the provision to have that ef c- c ef- ef foci fert Section C. C L. L 1 of Utah 1907 which you ou have referred to to reads as follows Tho The standard of purity quality and strength for foods liquors an and drinks that have hap been heel or shall be bt adopt adopted d by bythe bythe bythe the United States department of agriculture agriculture ture are hereby declared to be bp the standards standards standards stan stan- dards of purity quality and strength of 01 and drinks in the state ot of foods foode liquors Utah except where otherwise statement I understand from your that all ali oleomargarine which Is now pe per per- tha i to be sold ld on our market ha has been first inspected passed and stamped frt of ot agn agni- agni culture by the te United States Stats department ag- ag above stated staled This oleomargarine as 3 aboe contains no artificial coloring and while It may have because o of the use of son some of at the ingredients mentioned by the sta state chemist something of ot the Ue color clor of at bu but but- ter tei yet et the purchaser Is always protected and teI Is 18 never deceived b by reason of or th the labeling required I am therefore of the opinion that oleomargarine such as you ha have hate Ind Indi- Indi may be sold Bold on our market I 1 am returning herein the Jensen Jense Creamery company letter Ver Very tru truly yours Creamer A. A R. R BARNES Attorney General |