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were given showing the amount found in the pie apart from the crust,
thus in a steak and kidney pie with 2.8 grains over all, there was
1239 grains per lb. in the meat part, a pork pie showing 4.27 grains
had 14.87 grains per lb. apart from the crust, while a veal and ham pie
had 109 grains in the meat part, the proportion, including the crust,
being at the rate of 41.36 grains per lb.
The attention of vendors was called to the amounts found, and
cautions were given, but in three instances further proceedings were
taken: (1) in the case of the veal and ham pie mentioned above which
was apparently due to a mistake on the part of a servant; (2) in the
case of sausages containing 34 grains of boric acid per lb. in which the
defendant undertook to give up the manufacture of sausages; (3) in the
case of sausages containing 22.4 grains per lb. Against the conviction
in this case an appeal has been entered at Quarter Sessions. The
contention of Mr. Beck, the solicitor for the defendant, being that there
is no standard for the composition of sausages, and that the use of a
certain amount of preservative in sausage meat is to the advantage of
the public.
The Magistrate (Mr. Mead) in giving judgment said:—
"The defendant is charged under Section 6 of the Food and Drugs
Act, 1875, with selling to the prejudice of the purchaser an article of
food, to wit, pork sausages, which were not of the nature, substance and
quality demanded.
" The sausages contained 22.4 grains per lb.
"I am of opinion that the food in this case was not of the nature
substance and quality demanded.
"I consider that 'pork sausage' implies one of which the wholesomeness
has not been artificially preserved by such an antiseptic as
boric acid.
" Boric acid may have been used in pork sausages for as many as
twenty years, and it is possible is largely used now, but such use is
known in no large degree to the consumer, so that when the ordinary
customer asks for a 'pork sausage' he expects to get one which has not
been treated with a drug.
"I am also of opinion that the sale in this case was to the prejudice
of the purchaser.
"For sentimental reasons a naturally fresh sausage is preferred to one
artificially preserved, and I find as a fact, upon the evidence, that under
certain conditions of the consumer, the introduction of boric acid makes
a sausage more unwholesome than one that is naturally fresh.
"The case is easily distinguished from Smith v. Wisdom. The
presence of glucose in marmalade may be justifiable, as marmalade is, as
it is called, a 'preserve.' The avowed object is to keep the fresh fruit