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172 Report of the Medical Officer of Health.
In one case only during the year has any trouble arisen with
regard to the vendor refusing to sell a sample when demanded by the
Inspector. In this case proceedings were taken and a conviction
obtained. The fine inflicted, however (five shillings), was by no means
proportionate to the offence, with the result that at the time of writing
the same defendant is under notice to appear at the Police Court to
answer a summons for a similar offence.
In this connection it may be noted that whereas the maximum
penalty for selling an adulterated article is £100 and possibly
imprisonment upon the third conviction, the'maximum fine which can
be inflicted for refusing to sell to the Inspector upon demand is £10
only (42 and 43 Vict., C. 30, Section 4). A vendor, therefore, naturally
prefers not to sell an adulterated article, but to incur the risk of the
smaller penalty.
I have also to report that in spite of the representations which
have been made to the Home Office, not only by this Council but also
by other authorities, respecting the inadequacy of the fines inflicted for
offences under the Sale of Food and Drugs Acts, no improvement in
this direction has taken place, and until the fines inflicted are made
commensurate with the offence committed, it is certain that any efforts
made to reduce the percentage of adulteration in this Borough will be
futile. To the majority of vendors who adulterate the various articles
from time to time detected a conviction at the hands of the Magistrate
has very little moral effect unless accompanied by a substantial
pecuniary loss, which then acts as a deterrent.
I have also to report that no further increase has taken place
during the year in the percentage of cases where advantage has been
taken of Section 25 of the Sale of Food and Drugs Act, 1875, viz.:—
"The special warranty defence." In this there always will remain a
very real menace to the effective working of the Adulteration Acts
which can only be remedied by the entire repeal of the legislation in
this respect. Many firms do still avail themselves of this means of
defence, and there is always the fear of its becoming a general practice,
but it has not yet spread to the lower branches of the dairy trade to
any large extent—at least so far as this Borough is concerned.
One reason for this may be that the wholesale firms know full
well the laxity of the law in this respect, and whilst taking every