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(3) The addition of any preservative substance to cream containing less than
35 per cent, by weight of milk fat.
(4) The addition to cream, under any conditions, of any preservative substance
whatever, other than (i.) boric acid, borax, or a mixture of these substances;
or (ii.) hydrogen peroxide.
Provision is made in this part of the Regulations for a declaration by the seller of
preserved cream. Such declaration to be in the form of a label of a schedule size,
attached to the package or receptacle, and inscribed with the words "Preserved Cream
containing boric acid not exceeding per cent." or "Preserved Cream (peroxide)," as
the case may be. In shops, restaurants, &c., where preserved cream is used, a notice
must be exhibited or a statement to the effect made on every bill of fare, or other adequate
means taken to direct attention of customers to the fact that preserved cream is used.
Article IV. of this part of the Regulations constitutes an innovation. It is provided
that before the Local Authority institute proceedings against any person contravening
any of the Regulations of this part of the order, the Local Authority should afford him
an opportunity of furnishing any explanation, and shall duly consider such explanation
and all the circumstances of the case. It will be seen, therefore, that the Local Authority
is empowered to act in a quasi-judicial capacity before instituting proceedings.
Part III. enacts that similar prohibitions shall be extended to imported milk and
cream, and imposes the duties of enforcing this part of the Regulations upon His
Majesty's Customs and Excise,
Part IV. deals with the determination of differences, and provides that the Local
Government Board, on the application of all the parties concerned, may act as
Arbitrator,
The Schedule is confined to the size and wording of the declaratory labels.
Although, presumably, the Public Analyst has to examine the samples, no
directions are given as to the form which his Certificate is to take. This, however,
may be regarded as an advantage, inasmuch as the raising of a technical point on
its form by the defence is eliminated.
There is, however, one serious omission from the Regulations. No provision is
made for the Analyst's Certificate being considered as evidence. Presumably, therefore,
it would be necessary in any prosecution to call the Analyst in person before the Bench
to prove his analysis.
It is important that this error should be rectified, and acting upon my
recommendation the Corporation have made a representation to the Local Government
Board urging the necessity for embodying a Clause similar to that in the Sale of Food
and Drugs Acts, which reads as follows:—
"At the hearing of the information in such proceedings the production of
"the Certificate of the Analyst shall be sufficient evidence of the facts therein
"stated, unless the defendant shall require that the Analyst shall be called as
"a witness."