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Proceedings were taken against the vendor of one of the adulterated
samples.—See No. 186 s. in list of prosecutions.
Refusal to sell Milk.—At the beginning of the year Inspector
McNair went into a shop in which confectionery and light refreshments
are sold, and seeing on the counter a glazed earthenware receptacle
labelled "Pure milk" demanded to purchase some. The occupier of the
shop refused, saying" he did not sell glasses of milk, only soda and milk
or milk with tea, coffee, &c."
A summons was issued with the result that the magistrate dismissed
it on the ground that he thought that a person was not bound to sell
milk if he did not want to, and he declined to state a case.
Having regard to the importance of the matter, there being
numerous shops of the same class in the City, application was made to
the High Court for a mandamus directing the magistrate to state a case
for the consideration of the High Court.
On the 26th November, 1914, the case stated by the magistrate was
considered by the Divisional Court, with the result that the Court held
that the magistrate was wrong in his decision, and allowed the appeal
with costs against Terroni, the defendant, who did not appear to argue
the case.
Mr. Justice Eidley said that the case must go back for conviction.
Though the article was only sold when mixed with something else it
was nevertheless exposed for sale within the meaning of the Act.
Mr. Justice Avory said that he agreed. People did not generally
go into a shop to eat butter by itself, and on this reasoning butter sold
with bread would be exempt from the Act.
Mr. Justice Lush concurred.
Another case of refusal to sell milk occurred on 25th February
The Inspector approached a man with a handcart containing milk, and
retailing it to the occupants of some model dwellings, and asked for
some from the can which he was carrying. The man said "This is some
milk I had given to me, I don't know more than the dead what it is."
He then threw the contents of the can into the gully. He was
fined 10s. and 2s. costs.
Infringement of Section 9, Sale of Food and Drugs Act, 1899.—
One person was cautioned for failure to have name and address on
milk cans.
Condensed Milk.—Eight samples were examined and found to be of
genuine quality and properly labelled.
Skim and Separated Milk.—Five samples of the former and 9 of the
latter were examined.