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From this it is evident that a class of trader exists that no reasonable
amount of supervision will suppress, and experience has shown that they are
also quick to take advantage of what are known as the "warranty" clauses in
the existing Adulteration Acts.
As shown above, 43 cases of milk adulteration were certified, but many of
them were taken informally, and in respect of these no proceedings could be
instituted, while in several instances your Solicitor advised that a caution would
meet the case.
Twenty-three milk prosecutions were instituted during the year. Of these,
three were dismissed owing to proof of warranty—in one case the exhibition
of a notice was found sufficient disclosure that the milk was not sold as
genuine, in another instance the summons was dismissed upon technical
grounds, and in each of the remaining 18 cases a conviction was recorded.
In three of the latter the offenders had been previously convicted for similar
offences. In the case of sample No. 950, 32 per cent. of fat had been
abstracted. This was a third conviction, and entailed a fine of £5 and 12s. 6d.
expenses. With respect to sample No. 964, where a similar amount of fat
abstraction had taken place, the offender was mulcted in £2 and 12s. 6d.
expenses, this being his second offence. Another second offender who had
added 7 per cent. of water had reason to think himself somewhat fortunate in
being fined 5s. and 18s. 6d. costs.
With regard to the remainder—all first offenders—the penalties imposed
varied from £10 and 13s. 6d. expenses to an order to pay 17s. 6d. expenses
asked for by the prosecution.