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59
The results of the analyses of these samples were
as follows :—
1. Genuine.
2. Found to contain 5 per cent. less than the
proper amount of fat.
3. Genuine.
4. Found to contain 4½ per cent. extraneous
water.
5. Found to contain 5½ per cent. extraneous
water.
6. Genuine.
7. Found to contain 7 per cent. less than the
proper amount of fat.
PUBLIC HEALTH (CONDENSED MILK)
REGULATIONS, 1923.
Four formal samples and one informal sample of
condensed milk were taken under these Regulations.
Three of the formal samples were found to be genuine,
the other containing 4 per cent. less than the proper
amount of fat. Summonses were issued against the
retailer, wholesalers and importer in respect of this
latter sample. A technical legal point was raised at the
hearing of the case : that it was not sufficient to prove
carelessness in the commission of an offence under
the Regulations but that " wilful " default must be
proved. After hearing the case argued by counsel,
the magistrate said that while he thought the Council
was quite right to have taken the proceedings he had
owing to the weakness of the law, to dismiss the
summons, but in the circumstances he did not grant
any costs to the defendants. As the point at issue
affects a number of food regulations made under the
same Act (Public Health Act, 1896) the facts of the
case were reported to the Metropolitan Boroughs
Standing Joint Committee with a view to representations
being made to the Ministry of Health for the
necessary amendment of the Act.