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One case during the year concerned imported garnishing paste, which is used mainly for improving
the appearance of cold dishes. After arrival at the importer's premises in Westminster a sample of the
paste was found to contain a prohibited preservative. Arrangements were made for the whole
consignment to be returned to the country of origin.
During the year 79 notifications were received concerning large quantities of foodstuffs which
had not been examined at port of entry, and detailed examination was undertaken by the City
Council's public health inspectors prior to distribution.
Export Certificates
Applications for Certificates of Export received in the Health Department during the year in
respect of foodstuffs to be despatched abroad numbered 35 (22).
A food inspector examines the consignment intended for export and where necessary submits a
representative sample to the Public Analyst or Public Health Laboratory to ascertain the fitness of
the product concerned before issuing the certificate.
Consumer Protection
With the technological advancement in modern large scale food production there has been a
corresponding increase in the amount of legislation necessary to protect the consumer. Varieties of
food are now available, which ten years ago, were unknown.
The work of the public health inspector in the fields of food sampling, enforcement of food
hygiene and education of food handlers, and in connection with the Trade Descriptions Act, are
all examples of Consumer Protection, and there are many others.
The Department has continued to maintain close liaison with other Departments of the City
Council who are also concerned with providing consumer protection and an advisory service.
Trade Descriptions Act, 1968
This Act has been in operation since 30th November, 1968. Although certain matters are expressly
removed from its ambit, and its application is somewhat modified in relation to others, its provisions
overlap in many respects those of other and more specialised legislation such as the food and drugs
laws.
The Board of Trade stated that it hoped and expected that where prosecutions were undertaken
in such cases of overlapping offences, it would be taken under the appropriate specified legislation
rather than the Trade Descriptions Act.
The City Council has a mandatory duty to enforce the Act, and the enforcement work in relation
to its application to foodstuffs is undertaken by the public health inspectors.
During the year, 27 matters were reported to the Department alleging contraventions of the Act
in respect of the description associated with food supplied. In nearly all cases the necessary action
required was taken under the appropriate food legislation.
One case reported concerned a description appearing on a wrapper of a foodstuff which indicated
that it had been specially prepared for a particular store, and furthermore, that individual treatment
had been afforded the commodity to the exclusion of other retail outlets. The complainant alleged
that the commodity concerned was available at many other stores, and therefore the statement in
this context was untrue, as the food was produced by the same process as that of the same product
supplied to other premises throughout London. Following an examination of the circumstances in
relation to the Act, it was decided, on legal opinion, that in the absence of information as to the
internal production arrangements of either the retail premises or the suppliers, it would be possible
to base a defence that the article had been ordered before manufacture, and could be described in
terms as having been specially prepared. The complainant was informed accordingly.
A further enquiry concerned imported wine from a country abroad which comprised a blending
of two or three wines from different countries. The advice of the Department was sought as to
whether the blended wine could be labelled as being the produce of the country from which it was
first exported. Section 36 of the Trade Descriptions Act defines 'country of origin' and provides that
'for the purposes of the Act' goods are to be taken as manufactured or produced in the country
where they last underwent a treatment or process resulting in a substantial change. The view was
taken by the officers concerned that the mere blending of wines could not in itself be regarded as a
treatment or process which would result in the wine undergoing a substantial change within the
meaning of the Act, even if such wines were subjected to any form of fining, filtering or sweetening.
The solicitors who made the enquiry on behalf of their clients, accepted the advice given.