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48
The Milk and Dairies Regulations, 1949, which came into operation on the
1st October, revoked the Milk and Dairies Regulations, 1926 to 1943, and it will be
noted by reference to the prosecution details that costs were awarded against the
Council upon a case being taken under the new Regulations.
This was due to the fact that the Counsel for the Defence submitted that
Regulation 26(1) required the prosecution to prove that immediately before being
filled, the bottle was not in a state of thorough cleanliness. This submission was
accepted by the Magistrate.
It will be appreciated therefore that it is of course almost impossible to prove
this, as in the nature of things neither officers of the Council nor any persons unconnected
with the Dairy can see the bottles being filled.
Attention is drawn to the interesting case under the Merchandise Marks Act,
1887, where, upon complaint, samples were obtained of tinned smoked Saithe
exposed for sale as Smoked Salmon. At the hearing the Magistrate took a serious
view of this offence and inflicted a substantial fine and costs. This case is connected
with one taken under the Food and Drugs Act, 1938, details of which will be found
in the schedule of prosecutions under that statute.
Unsound Food.
The total amount of food condemned during the year was :—
23 tons, 16 cwt. 11 lbs. 4 ozs.

Number of condemnation certificates issued was 1,206.
#
All the above food, with the exception of 1 cwt. 26 lbs. were condemned upon
request by the respective owners.
Sampling.
1,007 samples (385 formal, 622 informal) were submitted to the Public Analyst
for examination. Of these 33 (or 3.28 per cent.) were adulterated as shown in the
following summary :—
FormaI
Informal
Milk '2 Milk 3
Smoked Salmon 1 Vermouth 1
Special Blood Elixir 1 Hangover Cure 1
Beef 1 Brown Ale 1
Hangover Cure 1 Groats 1