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Section 17 raises the maximum fine or second offences from £20 to £50,
and for subsequent offences to £100, with power, in certain
cases, to imprison for a period not exceeding three months.
Section 19 prohibits the institution of prosecutions after the expiration
of twenty-eight days from the time of the purchase of
the adulterated article. The summons must not be made returnable
in less than fourteen days from the day on which it is served,
and must be accompanied by a copy of the public analyst's
certificate.
The discretionary power to refer samples to Somerset House on the
request of prosecutor or defendant formerly vested in the court
hearing the case will be taken away, and the court will be obliged
to send such samples, if asked so to do, and may, further,
send the sample of its own initiative if thought desirable.
Section 26 enlarges the legal definition of "food," so that it shall
include flavouring matters and condiments, and such articles as
baking powder.
"The expression 'food' shall include every article used for food
or drink by man, other than drugs or water, and any article
which ordinarily enters into or is used in the composition or
preparation of human food; and shall also include flavouring
matters and condiments."
Other provisions which may be noted are:—If the defendant
intends to rely on a warranty given by the vendor of the goods,
he must give notice of such intention to the prosecutor not
later than seven days after service of the summons, stating
the name and address of the giver of the warranty and forwarding
copy of the same, and must also communicate his intention to
the giver of the warranty.
If a defendant maintains his plea of warranty, and the case against him
be dismissed, proceeding against the giver of the warranty may
be taken in the district where the sample is purchased, or in that
where the warranty was given.
In taking samples under the Act the division of the sample is obligatory,
whether the seller requires it or not, and on the other