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LEGAL PROCEEDINGS
Food and Drugs Act 1955
In last year's Annual Report, mention was made of a formal sample of vodka which was found to
contain added water. This case was heard in the early part of 1972, and the offences were found proved by
the magistrates who imposed the following fines:-
Vodka sold to the prejudice of the purchaser being not of the substance demanded - £25 fine.
Vodka sold from a container bearing a label calculated to mislead as to substance - £25 fine, and
costs were awarded to the Council of £45.
Fourteen prosecutions were taken during the year following formal food complaints and details of
these are given below.
One complaint resulted in the article of food being seized by the public health inspector and taken
before a magistrate for condemnation. At the end of year, this matter was still in the hands of the Chief
Solicitor for legal proceedings to be taken.
Colouring Matter in Food Regulations 1966
One case relating to a formal sample of coloured sweets taken at the end of 1971 was heard early in
1972. The case concerned jars of coloured sweets used to decorate cakes; the red sweets were found to
contain a non-permitted colour, Rhodomine B, which is thought to be carcinogenic. The magistrates found
the case proved and imposed a fine of £75 on the importer and awarded costs of £15.50 to the Council.
Preservatives in Food Regulations 1962
Informal samples of minced meat were purchased from butchers' shops during the year and where they
were found to contain preservatives the butchers were warned and resampling was done at a later date. Two
formal samples taken after the warnings were found to contain non-permitted preservative. Legal proceedings
were recommended and the cases were due for hearing early in 1973.
COMPLAINTS
During 1972, the number of complaints (138) about food containing foreign matter or being out of
condition was 38% higher than in 1971. The large increase was no doubt due in part to a greater public concern
that food should be free from foreign matter as well as to radio, television and press publicity about
the importance of food hygiene.
Each complaint made was thoroughly investigated. In some cases complainants did not wish to give
evidence on the Council's behalf and in others investigation revealed shortcomings which were undoubted
accidents, but in every case the manufacturer or producer was made aware of the complaint. Manufacturers
and producers are most concerned when complaints are made to the local authority and their investigations
often result in improved techniques to the ultimate advantage of the consumer.
The recent alteration in the manner in which evidence may be put before the Court has meant that
most complainants have not been required to attend Court. A signed written statement has been sufficient.
From 1st January, 1973, under the Criminal Justice Act, 1972, the power of the Magistrates will be
extended so that compensation of up to £400 may be awarded for any personal injury or loss, if a
manufacturer, retailer or producer is convicted under the provisions of the Food and Drugs Act 1955.
The following prosecutions were instituted under Section 2 of the Food and Drugs Act 1955:-
Maggots in a chicken £10 fine
£10 costs
Rock cake containing a cigarette end £15 fine
£10 costs
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