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79
In consequence of this decision, the Council reluctantly refrained
from instituting proceedings in three further cases of infringement of
the regulations, as it was considered that the Council were not in a
position to prove that in either case the act of omission to label the
receptacle containing the article was " wilful." Particulars of the case
in which the summons was dismissed were sent to the Local Government
Board, and the Board informed of the reason why the summons was
dismissed, and of the fact that the Council had since, in consequence,
refrained from instituting proceedings in three similar infringements,
and the Board was asked to give the question consideration, particularly
as to whether it is not possible to secure an amendment of the law
placing the onus of proof on the defendant in any case of infringement
of the regulations that his act was not wilful.
The same vendor was again cautioned (640 s) later in the year for
selling " Cream " with 8'6 grains of boric acid per lb.
Police Court proceedings under the Sale of Food and Drugs Acts
were instituted in five instances, the samples of cream containing boric
acid in the following amounts per lb.: 12'39 grains (fined 8s. and
12s. 6c£ costs); 37'19 grains (fined £2 and 12s. 6d. costs); 29 grains,
34-3 grains and 41'279 grains. In the last three the proceedings were
adjourned sine die, in consequence of an appeal to the High Court from
a decision of the Kensington Justices, which was and is still pending.
2. Preserved Cream.—(a) In the 61 samples taken and submitted for
analysis, the statements on the label as to preservatives were correct
in 59, incorrect in two.
Two samples were guaranteed not to contain more than 025 per
cent. (17 J grains), and contained respectively 3 and 8 grains. The
remainder were guaranteed not to contain more than 0'5 per cent.
(35 grains)—3 approximated closely to the stated figure and two were
above it, viz., 4041 grains and 50 grains. The others varied from 1 to
30 grains.
An explanation as to failure to label vessel in which cream was sold
was asked for in one case, and the vendor cautioned. Two others were
cautioned for similar failure.
In view of the High Court decision, McNair v. Cullen, 1st June, 1908,
proceedings under the Sale of Food and 1 )rugs Acts were instituted in
regard to nine samples, containing respectively 24.8 grains, 27.27 grains,
28.49 grains, 28.8 grains, 34.3 grains, 35 grains, 35.7 grains, 40.41 grains
and 50 grains, and all were adjourned sine die pending the decision of
the appeal mentioned above.
Five vendors were cautioned with regard to the amount of boric
acid, viz., 24.79, 26.03, 27.51, 28 and 30.49 grains per pound.