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70
Samples of milk to the number of 31 were taken in course
of delivery to public elementary schools, hospitals, etc., in the
Borough.
Proceedings were taken with regard to adulteration in 34
instances (fat abstracted 12, extraneous water 18, separated
milk 4, false warranty 1), particulars relating to which will
be found set out in the summarised tables on page 58.
Warranty as a defence was pleaded in 9 cases, and in 7 was
successful.
Warranty Defence.
The question of warranty as a defence was again the
subject of considerable attention during the year. Following on
the consideration of reports by the Borough Solicitor and the
Medical Officer of Health, asked for by the Law and General
Purposes Committee, in relation to the legal and administrative
difficulties under the Sale of Food and Drugs Acts associated
with the warranty defence, the Council, on the recommendation
of that Committee and the Health Committee, decided to convene
a Conference of the City and Metropolitan Borough
Councils on the subject.
The Conference was held at the Town Hall, Battersea, on
the 30th March, and was attended by representatives from 18
Metropolitan Borough Councils.
The following resolutions were passed at the Conference:—
(i.) That in the opinion of this Conference—
(a) The provisions of the Sale of Food and Drugs
Acts, 1875-1907, with regard to warranty
defences (and especially in the case of milk)
operate to the prejudice of the purchaser and the
public health—that this state of things has become
a public scandal—defeats the object of
those Acts and causes their administration to be
a useless and wasteful expenditure of public
monies.
(b) The provisions as to warranty defences contained
in the Milk and Dairies Act, 1915, are
inadequate to remedy this state of things.
(c) The remedy is to repeal all the provisions as to
warranty defences leaving to the seller his
common law remedy against the person from
whom he purchased.
(ii.) That the Government be requested to take without
delay all necessary steps to repeal the provisions referred
to, and that the Minister of Health be requested