Commonwealth v. Ignatavig

Citations

• 49 Pa. Super. 397
• 1912 Pa. Super. LEXIS 340

Syllabus

<p>Food law — Oleomargarine—Coloration—Act of May 29, 1901, P. L. S27.</p> <p>1. The Act of May 29, 1091, P. L. 327, which prohibits the sale and manufacture of oleomargarine “which shall be an imitation of yellow butter produced from pure unadulterated milk, or cream of the same, with or without coloring matter,” applies to all butter made wholly from the milk of cows by the ordinary processes of manufacture having a yellow color, although that color may vary in degree, and whether the natural color, or a color artificially produced in imitation of the natural color. It is not to be confined to butter made in June which has a distinct yellow color, and which is known as “ June butter” or “commercial butter.”</p> <p>2. On the trial of an indictment for violation of the act of May 29, 1901, where the defendant offers evidence to show that oleomargarine had necessarily a yellow tint, the commonwealth may introduce in evidence a package of white oleomargarine not only for the purpose of showing that oleomargarine is not necessarily yellow, but also as a standard of comparison with the oleomargarine bought from the defendant which was shown to have ingredients that would account for its yellow color.</p> <p>3. In such a case an offer of a package of butter by the defendant as yellow butter is properly rejected where there is no offer to prove that such butter was the natural product of cream.</p>