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In addition to the foregoing, two samples of Margarine were sold in
wrappers which were not marked in accordance with the requirements
of Margarine Acts. Also in one case, Margarine was exposed in a shop
for sale without being labelled. The Council instituted proceedings
against the vendors who were fined £1 Os. Od. and £1 1s. od. costs in
each of the three cases.
" Warranty" Defence.
During 1922 two dairymen were prosecuted by the Council for
selling milk 17 (seventeen) and 24 (twenty-four) per cent, deficient in
fat, but the warranty defence was successfully proved in each case, and
the summonses were dismissed.
Public Health [Mill; and Cream) Regulations, 1912 and 1917.
These Regulations aim at securing that cream containing preservative
shall be distinguished at all stages of sale from cream to which no
preservative has been added, but while correct labelling is required by
the Regulations, they permit, under such conditions, the addition of a
greater amount of preservative than was contemplated by the Departmental
Committee appointed in 1899 to inquire into the use of
preservatives and colouring matters in the preservation and colouring of
food. This Departmental Committee recommended "That the only
preservative which it shall be lawful to use in cream be boric acid or
mixture of boric acid and borax, and in amount not exceeding 0.25 per
cent, expressed as boric acid."
Labelling was prescribed by the Regulations of 1912, but no amount
was specified which might be allowed.
In 1917 the Ministry issued further Regulations adding to those of
1912 the fact that preserved cream might contain boric acid in amount
not exceeding 0.4 per cent or 28 grains to the lb. and requiring
declaratory Labels to be affixed stating that it was not suitable , for infants
and invalids.
Even so amended the Regulations are misleading, because vendors
might think that up to 0.4 per cent was a legal addition, whereas actions
in the High Court have proved that it is not legal.
When the Regulations of 1917 were issued by the Ministry of Health
the accompanying letter stated that the question of boric acid in cream
was to be the subject of investigation by a small expert Committee and
that the Regulations of 1917 were to be considered as interim
Regulations, Daring the year the Borough Council supported the action