View report page

- 67 -
Act one finds that a food includes an "article and substance used as an
ingredient in the preparation of food or drink", but sections 91 and 92
of the Act also provide for "substances capable of being used in the
preparation of food", and it remains for the High Court to decide what
is the difference, if any, between an article or substance used as an
ingredient in the preparation of food and a substance capable of being
used in the preparation of food.
This point could have been resolved quite easily during the
course of the Bill through Parliament and, in your analyst's opinion,
it should have been settled. Although the first Food and Drugs Act
was passed in 1860, there is still no legal definition of a medicine,
although the definition of a drug states that it includes medicine for
internal or external use. The definition of a "substance recommended
as a medicine" given in the Pharmacy and Medicines Act, 1941, is
unsatisfactory, as it is difficult to know exactly what constitutes an
ailment, infirmity, or injury affecting the human body. The new Act
states that a food does not include articles or substances used only as
drugs, but whilst this may be comprehensive it is far from clear.
The new Act has endeavoured to give clear definitions of cream,
reconstituted cream, and imitation cream, but whether it will be possible
to enforce these is doubtful, because, unfortunately, tradesmen with the
best intentions in the world will contravene the law owing to the ignorance
of the publico It is doubtful whether the public expect to find genuine
cream in a cream bun unless it is labelled to that effect, in general they
expect to find reconstituted cream in such an article. In any case,
whatever the filling, they ask for a cream bun. Again one is doubtful
about the position of sweetened whipped cream in an eclair or a cream
bun, since the addition of the sugar produces a mixture which is really
no longer cream. If one or two of these minor points could be cleared
up it will be seen that the public is now protected from some of the
frauds which have been growing and which it has been almost impossible to
stop. Had firm action been taken some half century ago, when "custard
powders", "egg powders", and other products first came onto the market,
the position would have been greatly simplified.
The Local Authority will now have to be advised by its medical officer
of health and public analyst regarding the possible cumulative effect of
any substance or substances used as additions to foods.
Patent and proprietary medicines are no longer exempt from the
provisions of the Food and Drugs Act.
A milk dealer who bought his milk as milk derived from more than one
farm and has warranties justifying him in believing that the milk was
genuine, need not ask for the "appeal to cow" procedure to be put into
force, but may plead the warranties as a defence.
From the public analyst's point of view one of the chief advantages
of the new Act is that a part-time public analyst now enjoys the
protection of the local authority, when acting in his capacity as a
public analyst. It may not be generally recognised that previously
a part-time public analyst had been personally liable to penalties, in