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pursuance of the proviso to Section 21 (3), the Dairies, Cowsheds
and Milkshops Orders of 1885, 1886 and 1899, and the Regulations
made by Local Authorities under Article 13 of the Order of 1885 will,
until altered or revoked, continue in force.
Sections 3, 4 and 5 and the First Schedule of the Act of 1915
contained provisions similar in effect to those which are contained in
various Local Acts for stopping the supply of milk which is likely to
cause tuberculosis. Under this Act, any Order made by a County or
County Borough Council will prohibit the sale of affected milk, not only
in the area of that Authority but in any area.
Section 8, in conjunction with Section 14, enlarges the power of
the Council's officers to take samples of milk.
The "Warranty" Defence.
On September 1st, 1925, the clauses of the Milk and Dairies
(Consolidation) Act, 1915, which deal with this subject, came into
operation. This Act had been postponed by Section 1 of the Milk and
Dairies (Amendment) Act, 1922. Section 9 of the Act of 1915
amended those provisions of the Sale of Food and Drugs Acts, 1875 to
1907, which referred to the taking of samples of milk and any proceedings
in connection therewith. The Milk and Dairies (Consolidation)
Act, 1915, provides that within 60 hours after a milk sample
has been taken from a purveyor of milk, he may serve notice on
the Borough Council informing them of the name and address
of the person from whom he received the milk, and the time and place
of delivery of milk from a corresponding milking; and may request
the Council to take another sample in the course of transit or delivery
from the seller or consignor, unless a sample has been so taken (a) since
the sample was obtained from him, or (b) within 24 hours prior to the
sample being obtained. If a sample of milk is taken in course of
transit or delivery, and the owner of the cows so requests, a further
sample must be taken at the dairy at which the cows are kept. Where
a purveyor of milk does not serve such a notice upon the Borough
Council, he cannot plead a " warranty " as a defence in any proceedings
which may be instituted in regard to a sample of milk taken by
the Inspector.
The warranty defence will not be available where the sample in
respect of which proceedings are taken is a mixture of milk obtained
from more than one seller or consignor.
In previous years in Hampstead, prosecutions in respect of milk
deficient in milk-fat ranging as high as 47 per cent. have failed, and