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57
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 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 has 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 recognized that
previously a part-time public analyst has been personally liable to penalties, in the
event of a mistake having been made by him either in his analysis or in his recommendations
or actions to support his views.
One point entirely new to Food and Drug administration is that provision has been
made whereby the public analyst for the area, who is unable to carry out an effective
analysis of a sample because he lacks the necessary apparatus or knowledge, may pass it
to the public analyst for another area who possesses such apparatus and knowledge.
Unfortunately expensive physical apparatus is being introduced at such a rate that in the
not far distant future it may be impossible to carry out the whole analysis of a sample
in one laboratory, but as the Act has been worded the whole analysis must be carried out
under the control of one analyst only.
From the general administrative angle the length of time during which proceedings
may be commenced for samples other than milk has been extended from 28 days to two months
and the period during which proceedings for giving a false warranty may be commenced has
been increased to twelve months.
One point, which is not made clear in the Act and which may cause some confusion, is
that the Food and Drugs Amendment Act, 1954, repealed The Defence (Sale of Food)
Regulations, 1943. As this Act never came into force as such, but only in the consoli
dated Act of 1955, many people have overlooked the repeal of numerous Orders made as a
result of this repeal. It would have been useful had the 1955 Act re-enumerated repeals
brought about by the Act of 1954.
Several Statutory Instruments controlling the composition of foods under the new
Food and Drugs Act came into force during the year.
The Food Standards (Butter and Margarine) Regulations, 1955, prescribed standards
for butter and margarine similar generally to those previously given in the Food and
Drugs Act, 1938, by which it was forbidden to sell butter or margarine containing more
than 16 per cent, of water, or margarine containing more than 10 per cent. of butter fat.
The Mineral Oil in Food (Amendment) Regulations, 1955, permit any chewing compound
to contain up to 12.5 per cent. of microcrystalline wax, but public analysts do not
approve this order, especially since only a few years ago the Ministry of Food pressed
them to endeavour to supress completely the use of paraffin wax in chewing gum. There
is no real difference between paraffin wax and microcry stalline wax from the food aspect
or that of detection.