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In 1913, there were 14 milk prosecutions, with 8 convictions.
The warranty defence was adduced in 6 cases, and upheld in five.
From 1903 to 1913 then there have been 194 milk prosecutions,
with 152 convictions, and 33 occasions on which the warranty
defence was put in. Since 1903 there have been 3 prosecutions
for giving false warranties, with convictions in each case. The
circumstances under which the warranty defence becomes valid
are briefly outined in the following paragraphs:—
In any prosecution under the Sale of Food and Drugs Act, 1875,
the defendant is to be discharged if he proves to the satisfaction
of the justices or court:
(a) That he had bought the articles in question as the same in
nature, substance, and quality as that demanded by him by the
prosecutor and with a written warranty to that effect.
(b) That at the time of sale he had no reason to believe the
article to be otherwise.
(c) That he sold it in the same state as when he bought it.
(Sale of Food and Drugs Act, 1875, Sec. 25.)