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52
"If a purveyor has served on the local authority such a
notice as aforesaid, and the local authority have not procured
a sample of milk from the seller or consignor in accordance with
the foregoing provisions, no proceedings under the Sale of Food
and Drugs Acts, 1875 to 1907, shall be taken against the purveyor
in respect of the sample of milk procured from him."
The Warranty Defence.
As to the effect of the use of Warranties on the administration
of the Sale of Food and Drugs Acts, the Committee are of course
mostly interested in the effect as observed in the Borough of
Hackney; but a more complete estimate would be obtained if, in
addition to the data available in reference to Hackney, similar
information could be obtained from other Metropolitan Boroughs.
In order to obtain such information I addressed a circular
letter to all the Medical Officers of Health of the London Cities and
Boroughs asking replies to the four following questions relating to
the five years 1910 to 1914:—
1. The number of summonses taken out under the Sale of
Food and Drugs Acts ;
2. The number of convictions obtained ;
3. The number of instances in which the production of a
Warranty by the defendant was successfully used as a
defence;
4. The number of cases where the Warrantor (i.e., the person
giving the Warranty) had been prosecuted, and the
results of such prosecutions.
The replies to these questions I have incorporated in a table
which I annex to this report.