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subsequently from each gave the fat as slightly above the standard in
the former, 16 per cent, deficient in the latter. Evidently, the vendor
expected that the Inspector would take a sample from the hand
can only. (See 18 N.)
Buttermilk.—Complaint having been made with reference to buttermilk,
a sample was procured and was found to contain 23'837 grains of
boric acid per pint, 35.3 per cent. of extraneous water and artificial
colouring. The attention of the seller was called to the matter as also
that of the Council of an adjoining Borough from whose district the
buttermilk was supplied to the Westminster vendor.
Cream.—Forty-five samples were purchased, of which 16 were
reported to be genuine and free from antiseptics, 29 contained the latter
in proportions varying from 7 to 30 grains of boric acid per pound.
Proceedings were taken in four cases, the amounts being 21.9, 24.4, 29,
and 30 grains. In three, penalties were imposed, the fourth proved a
warranty guaranteeing that the cream contained not more than 17½
grains, whereas there were 29. Proceedings were taken against the
warrantor, and he was fined £5 and £3 3s. costs. An important point
was raised as to the duration of the warranty, which was dated
15th July, 1907. It was contended that it was a good defence for the
original defendant to plead, but that under the Food and Drugs Act
it only remained legally effective, so far as the warrantor was concerned,
for six months. The contention of the prosecution was—first, that the
warranty was a continuing one; and secondly, that the label on the
pot was a warranty in itself (Lindsay v. Eook, 58 J.P., p. 735, and Bacon
v. Callow Park, 66 J.P., p. 804). The Magistrate held that the label on
the jar, coupled with the 1907 document, constituted a warranty, and
convicted the warrantor.
The Local Government Board has issued a report by Dr. Hamill,
one of the Board's Inspectors of Foods, on the subject of the use of
preservatives in cream.
The recommendations contained in the report are
"(1) In the interests of the public health and of the consumer, and
also with a view to removing difficulties which traders in cream are
experiencing on account of present uncertainties, it appears desirable
that effect should be given (subject to (2) below) to the recommendations
made by the Departmental Committee on Preservatives, 1901, that the
only preservative to be used in cream should be boric acid, borax, or
mixtures of these boron preservatives; that a maximum limit of boron
preservative calculated as boric acid (H3B03) should be prescribed; and
that the presence of boron preservatives should in all cases be declared.
These provisions should also apply to clotted cream.