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113
Butter.—Adulterated with foreign fat to the extent of 64.7 per
cent." This refers to the sample for which legal proceedings
were taken 26th September*. See page 111.
Milk.—"Deficient in solids, not fat, to the extent of 3 per cent."
Vendor cautioned.
Butter.—"Adulterated with foreign fat to the extent of 74.8 per
cent." This sample was taken on demand by the Inspector.
The question for legal proceedings was whether
the package was properly marked.
The Committee directed a letter of caution be sent to
the vendor.
In the case of the prosecution of the vendor of the sample
of milk (see legal proceedings**, page 110) deficient in fat and
solids not fat to the extent of 15 per cent, and 5 per cent.
respectively, notice was received on behalf of the vendor
of intention to rely on the warranty given by the farmer supplying
the milk. The contract containing the warranty in question was
dated September, 1903, and it appeared from cases already decided,
a specific warranty with each delivery is not necessary to afford
protection against conviction of the vendor, and no proceedings
could have been taken against the farmer, as such proceedings
must have been taken within six months of the datei of the
warranty, so that under these circumstances further action was
abandoned. In any case it is almost impossible to obtain convictions
where warranties are set up in defence, since no proof
can be given that the milk is not sold in the same state as received
by tha vendor, and the persons giving the warranty would affirmi
they had reason to believe the milk supplied was in accordance
with the. warranty given.
The attention of the Committee was called to similar cases which
had occurred in other London Boroughs, and to the immunity
from conviction under the sale of Food and Drugs Acts, which is
being increasingly secured by vendors and dealers, by means of
such warranties.
H