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108
whole milk can be prepared without sugar." The learned magistrate
accordingly gave a verdict for the prosecution, and imposed a nominal
fine of 10s. and £15 15s. Od. costs. The defendant gave notice of
appeal, but at a later date abandoned it.
BUTTER.
In my Annual Report for 1901 attention was drawn to the
manufacture of "Pearks' Pure Butter," or "Milk-blended Butter"
as it is now termed. Particulars were given of the process, and
of sundry prosecutions which had taken place in relation to it.
It will be remembered that this butter contains some 8-10 per
cent, more moisture than ordinary butter. During 1902 this
excess of water claimed the attention of the Board of Agriculture,
who appointed a Departmental Committee on Butter
Regulations. This Committee issued (January 24th, 1902),
an interim Report particularly dealing with the question of
watered butter, and recommend "the adoption of a limit of 16
"per cent, for the proportion of water in butter to be fixed by a
"Regulation under Section 4 of the sale of Food and Drugs
"Act, 1899, and make this recommendation on the assumption
"that butter containing a larger percentage of water than 16 per
"cent, will escape the operation of this limit provided that a
" sufficient disclosure be made to the purchaser."
On the other hand it is suggested that it is impracticable for
vendors to make a "sufficient disclosure" to every small
purchaser of butter. In the particular case in question it seems
clear that the phrase "milk-blended" would lead the purchaser
to believe from the description that the addition of milk enriches
it in quality. The ordinary purchaser would not consider the
effect such addition would have either upon the weight or the
"keeping" power of the butter. The phrase "milk-blended
butter" has however been upheld by the Lord Chief Justice and
Justices Darling and Channell, in the case of Pearks v. Haughton
° We possess in the Department a verbatim record of Mr. d'Eyncourt's judgment,
which was also published in the British Food Journal, 1902 (October),
Vol. iv. No. 46, pp. 225-227.