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1906] 278
As the whole section is headed "Precautions against importation of agricultural and
other produce insufficiently marked," it might be contended that it was only to agricultural
produce from abroad that the above proviso applied. There is, however, nothing in the
wording to show that this is so, and, moreover, it is difficult to imagine that the Legislature
contemplated that the foreigner should be expressly allowed to add preservatives to milk and
other articles, the presence of which after importation should be an offence under the Sale
of Food and Drugs Acts.
I would now like to draw your attention to Section 4 of the 1899 Act, which, in my
humble opinion, gives absolute power to the Board of Agriculture to prohibit or limit the
amount of any preservative or other addition to milk, cream, butter, or cheese:—
"the Board of Agriculture may .... make regulations for determining
what addition of extraneous matter .... shall for the purposes of the Sale
of Food and Drugs Acts raise a presumption until the contrary is proved, that the
milk ..... is injurious to health, and an analyst shall have regard to such
regulations in certifying the result of an analysis under those Acts."
I am not aware that the Board of Agriculture has exercised these powers.
There is no need for fresh legislation on the point; the Acts are clear that the addition
of any ingredient (preservative, colouring, or other matter) which would render an article
injurious to health is an offence and power is given to the Board of Agriculture to state
what ingredients and in what quantity when added to milk would render it injurious.
I am in the hands of the Public Health Committee in this matter as representing the
Council, and if they wish to test the state of the law I will, if desired, certify as to preservatives
when present in any samples of milk that come before me, but I venture to suggest
whether it would not be better in the first place to point out to the Local Government Board
the powers already possessed by the Board of Agriculture in this connection and to point
out that if the Local Government Board can get the Board of Agriculture to take their view
all uncertainty will be at an end.
I make this suggestion to the Public Health Committee for their consideration, and not
in any way as an attempt to dictate what action, if any, should be taken.
I am, dear Sir,
Yours faithfully,
FRANK L. TEED.
To the Chairman and Members of the Public Health Committee.
Gentlemen,
CIRCULAR OF THE LOCAL GOVERNMENT BOARD re PRESERVATIVES
IN MILK.
You will notice that the Local Government Board have issued a circular to authorities
under the Sale of Food and Drugs Acts relative to the use of preservatives in Milk.
I do not think, however, that their recommendation in paragraph 2 can be adopted,
because the Sale of Food and Drugs Acts differentiate between harmful and harmless additions
to food. For instance, Section 3 of the Act of 1875 states that "No person shall mix