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89
will have better fortune than its predecessors, which, owing to
pressure of Parliamentary business or other causes, have had to
be withdrawn. The present Bill is defective in some of its
clauses, but doubtless these will be remedied in the passage of
the Bill through the Committee Stage. The clauses which
appear to me to require amendment are those relating to the
transfer of the powers and duties of Sanitary Authorities by regulations
of the Local Government Board, which, under the London
Government Act were given to the Borough Councils as the
Sanitary Authorities for London. The Bill also proposes to
confer a new power upon the London County Council. Outside
London the local authorities may require dairymen to furnish
complete lists of the sources of their supply. The Bill proposes
to confer this power on the London County Council in regard to
dairymen in London.
The definition of the expression "dairy" is unsatisfactory,
having regard to the recent decision of the High Court in the
Appeal Case of Spiers and Pond, Ltd. v. Green. The appellants,
who were tenants and occupiers of a refreshment buffet at a railway
station in London, sold milk for consumption on the premises.
It was held that the appellants did not, in respect of the sale of
milk at their buffet, carry on the trade of purveyors of milk, and,
therefore, did not require to be registered under the provisions
of the Dairies, Cowsheds, and Milk Shops Order, 1886.
This decision is of great importance to the Council as it
thereby removes from the supervision of the Sanitary Authority
many small general shops in their district in which small quantities
of milk are sold.
The Bill proposes to give power to the Sanitary Authority
of any district (other than rural districts) with a population of
50,000 or upwards to establish and maintain depots for the sale
of milk for infants under the age of two years. In the case of
districts with a population of under 50,000 but over 10,000, this
power is also given if approved by the Local Government Board.
This clause is of interest to the Council, who have carried on
successfully an Infants' Milk Depot in their district for the past
eleven years.
The Bill also provides that the Warranty Defence in the case
of milk shall be no longer available in regard to proceedings under
the Sale of Food and Drugs Acts. This will be a very satisfactory
legislative enactment, removing, as it will do, a great injustice
to the consumer.