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(1) Sale only to be made on the understanding that liquid
whole egg must not be used in the manufacture of sponge
fingers, sponge biscuits and l½d., 1d. and 2d. sponge cakes.
(2) That all invoices should bear a statement to the buyer that
liquid egg must not be used in the manufacture of sponge
fingers and l½d., 1d. and 2d. plain sponge cakes.
The effect of these resolutions was, inter alia, conveyed to
Sanitary Authorities by a circular (381) issued by the Ministry of
Health on the 20th March, 1923. In the circular referred to attention
was drawn to the object of this trade arrangement, viz., that
the varieties of sponge cakes were those most likely to be used by
infants and invalids, and that, if effect were given to the decision
of the Trade Association, the danger of the presence of excessive
preservatives in cake would be substantially reduced. Local
Authorities, it was further pointed out, would, of course, be able,
as at present, to take proceedings under Sec. 3 or Sec. 6 of the Sale
of Food and Drugs Acts, 1875, when they considered that the
amount of boric acid found in a sample of cake (whether within the
scope of the Association's Resolution or not) was excessive.
In July and August of 1924, a series of informal samples was
taken of a variety of cake which enquiries had elicited was being
sold in place of the cheaper kinds of sponge cakes. The reports
of the Public Analyst of the results of his analyses of these samples
(13) shewed that eleven contained boric acid varying from 4.2 to
24.5 grains per lb. of cake, and that two were free from this or other
preservative. Two of the adulterated samples contained 24.5
grains per lb. of cake and formal samples were subsequently taken
from the sellers. In one case the quantity of the preservative
present was still the same (24.5 grains per lb.) but in the other the
amount found on analysis was only about half that present in the
informal sample.
These facts were duly reported to the Health Committee and
proceedings were ordered by them in respect of the formal sample
containing 24.5 grains, a summons being served upon the local
tradesman from whom the sample was purchased by the Food
Inspector.
The case was taken up by the Trade Association, whose
solicitors applied to the Council to have the summons adjourned
sine die to await the report of the Departmental Committee appointed
by the Ministry of Health to enquire into the use of preservatives
which it was expected would soon be issued. The
Committee agreed to this request.
The Departmental Committee's report was issued in November,
1924, and, inter alia, definitely recommended that boric acid should
be prohibited for use as a preservative in human food.