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279 [1906
"any article of food with any ingredient or material so as to render the article injurious
to health." Therefore, it seems to me that a difficulty would arise at once if a prosecution
were taken against a person using the minimum quantity of boric acid in milk because of
the impossibility of proving that when so used it was a danger to health.
Another difficulty might also arise by the antagonism of the Board's suggestion with
Section 1 (7) of the Sale of Food and Drugs Act, 1899, which deals with the prosecutions
to be taken against the importation of agricultural and other produce from abroad, and
which provides that "for the purpose of this section an article of food shall be deemed to
"be adulterated or impoverished if it has been mixed with any other substance.
"Provided that an article of food shall not be deemed to be adulterated by reason only of
"the addition of any preservative or colouring matter of such a nature and in such quantities
as not to render the article injurious to health."
It is clear that under this section imported milk containing preservatives could be sold
to the public, and if this be so, then it would be manifestly unfair to prosecute the vendors
of English milk which contained "preservative matter of such a nature and in such quantity
"as not to render the article injurious to health."
Under these circumstances I am of opinion that it would be difficult to carry out the
suggestion of the Board with respect to prosecutions.
I am,
Yours obediently,
A. E. HARRIS,
Medical Officer of Health.
Town Hall,
Upper Street,
Islington, N.
23rd July, 1906.
After carefully discussing these reports, the Public Health Committee
directed the Town Clerk to send the following reply:—
Town Hall,
Upper Street,
Islington, n.
July 24th, 1906.
Sir,
My Council have had under consideration the circular recently issued by the Local
Government Board with reference to the addition of preservatives to milk and in connection
therewith reports thereon by their Medical Officer of Health and Public Analyst. I am now
directed to forward to the Board copies of the reports in question and to point out that
Section 4 of the Sale of Food and Drugs Act, 1899, empowers the Board of Agriculture to
prohibit or limit the amount of any preservative or other addition to milk, cream, butter
or cheese; and to suggest that the Local Government Board should approach the Board of
Agriculture with a view to the powers already possessed by them being exercised so that
the uncertainty which exists in regard to the use of preservatives in milk may be removed.
I am, Sir,
Your obedient Servant,
Wm. F. DEWEY,
The Secretary, Town Clerk.
Local Government Board.