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86
of children—as an article of food. We are of opinion in regard to this
matter that cream if mixed with boracic acid equivalent to that found
in this case is as regards grown men and women uninjurious, but we are
of opinion that it is injurious to the health of children and invalids.
I need not refer to the class of invalids as for the reason given we don't
think that they are referred to in the Section, and holding that view
that it is injurious to children—to infants and children—and that
infants and children are a class to whom this Section can be taken as
those by whom this food is used and to whom this Section applies, we
hold under these circumstances that the conviction must be affirmed
and the appeal dismissed with costs."
A further appeal has now been taken to the High Court on a point
of law, viz., as to the construction to be placed upon Section 3 of the
Food and Drugs Act.
From the evidence given, apparently what the trade really want is
permission to use 35 grains of one or other of the preparations supplied
them and not 35 grains of pure boric acid. It was estimated that 35
grains of one preservative which was mentioned contained 21 grains of
boracic acid. Mr. Droop Richmond stated that if cold storage was not
employed, even 35 grains of boric acid would not enable people to keep
cream in pots for several days in hot weather. Without the addition
of any preservative, cream will keep good for two and three-quarter
days if kept at a temperature of 50 degrees, and for five days if kept at
40 degrees. At an air temperature of 60 degrees Fahrenheit cream
would keep the same length of time with the addition of 17½ grains of
boric acid.*
An important point to note is that although the addition of boric acid
may prevent souring of the cream, it does not necessarily prevent
putrefaction taking place, and even masks its existence for some time.
Further, if the germs of infectious diseases are present, such as those of
typhoid fever, scarlet fever, or tuberculosis, they are not destroyed.
Coffee.—What purports to be coffee of the best quality is being
largely sold in penny packets, but in an out-of-the-way corner there is
a statement to the effect that it is a mixture. Analysis showed that the
amount of chicory present was no less than 85 per cent. The Public
Health Committee prosecuted in one case with a view to calling
attention to the method adopted. The Magistrate held that the notice
as to the contents being a mixture was a good defence. It would be
well if persons who sell such mixtures were required to state the per-
*A report of the case "Cullen y. McNair" is given at some length in the Lancet,
January 11th, 1908.