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116
Milk Prosecutions and the Warranty Defence.—In 1913
the question was raised as to the advisability of prosecuting milk
vendors for faulty samples of milk sold by them, and in respect
of which they either held, or alleged they held, warranties. On
this matter the following observations are submitted:—
During the ten years 1903-1912, the number of samples taken
in Finsbury was 3,574. Of these, 407 were found to be adulterated
by the addition of preservatives or not genuine on the standard
adopted by the Board of Agriculture, that is a milk containing
not less than 8.5 per cent, of non-fatty solids, and not less than
3.0 per cent, of fat.
The practice of the Finsbury Borough Council has been to
institute prosecutions where the milks, on analysis, show 8075
per ccnt. or less of non-fatty solids, or 2.85 per cent, or less of
fat content. In this connection, however, it must be remembered
that many magistrates show a disinclination to convict where the
sole faults are in respect of small percentage diminutions of fat
content.
A letter of caution is sent to those dealers whose milks show
results lying between the standards of the Board of Agriculture
and of the Borough Council.
From 1903-1912 there have been 180 milk prosecutions. In 27
of these the warranty defence was put forward. The warranty
defence became available in October, 1875, but was not adduced
in Finsbury until 31 years later, in 1906.