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Milk Sample No. 768.— This sample of milk was certified to be deficient
in fat to the extent of 39 per cent. Three informal samples had previously
been taken showing respectively 14, 22, and 13 per cent, deficiency in milk
fat. All the samples were purchased late in the evenings.
"Appeal to Cow" Samples.— No "Appeal to Cow" samples have been taken,
the necessity so far as this Borough is concerned never having arisen.
Milk and Dairies (Amendment) Act y 1922. — No proceedings were taken under
this Act.
For the year ending December 31st, 1921, the number of summonses was 22,
the fines amounting to £62 10s. and the costs to £46 35., making a total of £108 13s.
For the present year (1922) the number of summonses under the Sale of Food
and Drugs Acts and Margarine Acts were 42, the fines amounting to £44 15s. and
the costs to £45 175., making a total of £90 12s.
In addition there was one summons under the Public Health (Milk and
Cream) Regulations in respect of milk containing a preservative, which was dismissed
on payment of £2 2s. costs by the defendant (see table "E"), and
summons under the Merchandise Marks Acts, which resulted in a fine of £1 1s. and
£5 5s. costs (sample No. 132, Table "D").
With respect to the cases that have come before the Court (in addition to the
Milk cases previously referred to) the following might be stated:—
Borax.— Seven samples of borax were obtained, all being purchased at chemists'
shops. Four were at the rate of 1s. per pound, and the others 1s. 4d., 1s. 2d. and
8d. per pound respectively. Four samples complied with the requirements of the
British Pharmacopoeia standard of not more than five parts of arsenic per million
parts and three failed in this respect. Proceedings were ordered to be taken
against the vendor in each instance. The first summons, Sample No. 943 (retailed
at Is. per pound), was dismissed on payment by the defendant of £1 Is. costs. The
second summons, No. 971 (also retailed at 1s. per pound), was, after five adjourned
hearings, dismissed with costs against the Council on the ground that the article
had not been demanded in accordance with the terms of the British Pharmacopœia,
viz., "Purified Borax." It was pointed out to the Court that the "B.P." was for
the guidance of chemists and that very few of the outside public, if any, asked for
'* Purified Borax, and were, in fact unaware that such a standard existed. The
summons in respect of Sample No. 990 was withdrawn.
Sample No. 1032. Egg Self-raising Flour.— A sample of this commodity was
obtained and submitted to the Public Analyst, who in his report stated that the
article was a self-raising flour, tinted with coloured potato starch and contained
no e gg- Proceedings were ordered to be instituted. The vendor was defended
by the Trade Association. The prosecution contended that as the article contained
no egg it was sold to the prejudice of the purchaser, more particularly as there was
on the market a genuine dried egg in powder form, and that an egg self-raising
flour containing genuine egg was also obtainable. After two hearings, the contention
of the defence that this article had been known to the public for many
years as not containing egg was accepted. The summons was dismissed with costs
against the Council.
Another sample of Egg Self-raising Flour (No. 132) was obtained, and in
addition to the words describing it, a picture of an egg also appeared on the bag
in which the official sample was sold. The Public Analyst certified that the article
consisted of flour and baking powder and no egg. Proceedings were ordered
to be taken, and the Public Health Committee invited the Ministry of
Agriculture and Fisheries to proceed under the Merchandise Marks Acts on the
ground that a false trade description had been given. To this the Ministry agreed,
and two summonses were issued, one under the Merchandise Marks Acts and the
other under the Sale of Food and Drugs Act. After the official sample had been
purchased the firm in question issued fresh bags with the word *'substitute " added
to the original description. Many trade and expert witnesses were called on behalf
of the defendants, and after two hearings a conviction was obtained under the