London's Pulse: Medical Officer of Health reports 1848-1972

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City of London 1904

Report of the Medical Officer of Health for the City of London for the year 1904

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127
23 (1) of the Bill goes a good deal farther than the recommendation of the
Committee. If it becomes law, it will invest the Medical Officer of the London
County Council ex-officially with similar powers with regard to the collection
and examination of samples of milk as are now possessed by a local Sanitary
Authority.
The acquisition of such powers is unnecessary. The London County
Council propose that they shall practically become a controlling authority for
administration of the Sale of Food and Drugs Act within the administrative
County of London, which includes the City. At present the Local
Government Board and the Board of Agriculture and Fisheries perform this
duty under definite statutory powers, not only in London, but for the whole
of England and Wales, and there is no reason to believe that the London
County Council are better qualified to undertake the work than the existing
authorities. Therefore the introduction of a third controlling body is
obviously undesirable and superfluous.*
What really is wanted with regard to the collection of samples of milk at
Railway Stations is an amendment of the present Act so as to allow any
Inspector under the Act to take samples at any place of any articles of food
which he has reason to believe are consigned to tradesmen in the district for
which he is appointed.
This has been rendered necessary by a decision of the Lord Chief Justice at
a Divisional Court on the 29th October, 1902, as the result of an appeal
against the decision of a Magistrate at the Clerkenwell Police Court, that an
Inspector under the Sale of Food and Drugs Acts could not take samples on
delivery outside his own district.
In dismissing the appeal, the Lord Chief Justice made the following
remarks:—
"The Court came to the decision with reluctance, but they did not
"consider that Section 3 of the Act of 1879 extended the jurisdiction of
"the Inspectors so as to enable them to seize at the place of delivery,
"unless such place of delivery was within the district for which they
"were appointed."
It is evident from these observations that the Lord Chief Justice was of
opinion that legislation for this purpose was desirable.
THE BUCKS COUNTY COUNCIL MILK SUPPLIES FOR THE CITY.
In February, 1904, the Bucks County Council informed us that their
General Purposes Committee had been instructed to enquire into and report to
them "on the best means whereby the County Authority for the
"administration of the Food and Drugs Act may co-operate with the
*A Petition against this part of the Bill on the lines indicated was lodged on behalf of the Corporation
on the 12th February, and the following amendments to the Bill were carried in the House of Commons on the
16th March. Part V., giving power to London County Council, referred to above, was struck out. Provision
was also made for the sampling of milk in the County by Medical Officers of Health in places situated
outside their own districts.