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96
The matter was reported to the Health Committee, who were
informed that in another London borough convictions had been
obtained in the case of confectionery described as " real cream "
sandwiches, &c., and the Committee ordered proceedings to be
taken against the two traders concerned.
The case against the first defendant was heard at the South
Western Police Court on 17th April, 1935, and the Magistrate
subsequently delivered a written judgment as follows :—
The question that 1 have to decide is whether when a cream sandwich
is asked for and an article supplied in which the so-called cream contains
95 per cent. of fat not derived from milk, this constitutes a breach of
S.2 of the Food and Drugs (Adulteration) Act, 1928. It was common
ground between the parties that the Artificial Cream Act, 1929, does not
affect my decision.
Various dictionary definitions of the word cream were submitted
to me, but even without them I should hold that cream does not necessarily
mean a product of the cow as is shown in the names face cream,
cold cream, etc.
As applied to confectionery evidence was called by the defence that
various substances are used in the trade as fillings that do not emanate
from the cow. I accept this evidence as representing the general position.
The witness for the prosecution, while urging that dairy cream ought to
be used, admitted that it frequently was not.
I hold that the article which in this case the purchaser could reasonably
expect to receive was the article supplied, and that therefore the
purchaser was not prejudiced.
Summons dismissed and 3 guineas costs to be paid by prosecutors.
Defendants were represented by Counsel and evidence was
called on both sides as to the practice in the trade. The case against
the second defendant was not proceeded with in view of the judgment.
Notice of appeal against the Magistrate's decision was given
on behalf of the Council, but, later, in view of Counsel's opinion,
the Law Committee decided not to proceed with the appeal, but
to refer the question to the Metropolitan Boroughs Standing Joint
Committee. That body subsequently informed the Council that
they had drawn the attention of the Minister of Health to the case
and had urged him to give effect to the recommendations contained
in the report of the Departmental Committee on the Composition
and Description of Foods, which was issued in 1934, namely that
the Minister should be empowered to make regulations as to the
composition of foods. The Joint Committee were of opinion that
the principle raised by the Council was one which the Departmental
Committee had in mind when they framed their recommendation.
Ice Cream.
There were at the end of the year 229 premises in the borough
used for the manufacture, storage, or sale of ice cream.
Twenty-three additional premises were registered during the
year and six removed from the register, the number of registered
premises therefore being 17 more than in 1934.