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144
and it is apparent the law provides for its condemnation although
it is not liable to be seized, for, by section 47, sub-section 2, the
Magistrate can deal with an article of food so brought before
him: —
(2) If it appears to a Justice that any animal or article which
has been seized or is liable to be seized under this section
shall condemn the same.
But it appears that the fact is lost sight of that under sub-section
3 the article must be "liable to be seized," and an article is only
liable to be seized when it is intended for the food of man, etc.,
at the time of the officer's visit; but if B, having received bad food
from A, has put the bad food on one side and calls in the officer
of the Sanitary Authority it is evident at the time of the calling
in of the officer of the Local Authority the article is not liable to
be seized, as it is not exposed for sale or deposited in any place
for the purpose of sale or preparation for sale.
The necessary amendment of the law is to deal with any person
(A) who sends unsound food to another person (B), whether that
person (B) has paid for it or not, and this is a most important
point and would no doubt prevent bad food being put on the
market.
With respect to the examination of food stuffs see Sanitary
Inspector's reports, pages 181, 183-188, 199, 205, 213, 227 and 233.
Also, with respect to the examination of food stuffs at wharves,
see Inspector's reports, pages 212, 228 and 233.