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Report of the Medical Officer of Health. 267
I quite agree with the opinion given by the Solicitor that it
will, in future, be difficult to secure convictions under the Regulations,
and also under the Sale of Food and Drugs Acts.
Type of label in general use in this Borough where Preserved
Cream is sold :—
PRESERVED CREAM
CONTAINING
BORIC ACID
NOT EXCEEDING
0. 5 PER CENT.
8th December, 1913.
Cases 750, 751, 755, 761, 766, 767, 783, 784, 785 and 786.
"in each of these cases, which are in respect of selling cream
containing a boron preservative, I have been asked by the Inspector
to advise whether summonses should be issued against the defendants
under the Milk and Cream Regulations, 1912, for failing to
place labels, as provided by the Regulations, cn the bottles or
receptacles containing the cream.
"In case No. 767 I have issued a summons under these Regulations,
inasmuch as in that case the label was put on the jug, but
upon the bottom of the jug, which is quite contrary to Regulation
5 in the Schedule.
"Looking to the fact that the omission to put a label on the
vessel containing cream must be wilful, I have come to the conclusion
that in all the other cases summons should not be issued under
the Regulations. You will recollect that in a batch of summonses
we had some short time ago, the Magistrate held that the omission
to put a label on the vessel must be wilful, and upon it being proved
by the defendants that they had provided the labels and instructed
their employees to put the same upon vessels containing Cream the
Magistrates held that there was 110 wilful omission and the summonses
had to be withdrawn. In none of the above cases (except 767)