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142
EXTRACT FROM "PUBLIC HEALTH" p. 212, JULY, 1908.
Before Lord Alverstone, L.C.J., Ridley and Darling, J.J.—April 6th, 1908.
Wilkinson c. Alton.
Margarine Act, 1887, Sec. 3 -- Meaning of"Margarine "—New Butter Substitute.
All substances prepared for sale in imitation of butter must be sold as
margarine and comply with the terms of the Margarine Act, 1887, and
it is immaterial whether they are made of vegetable or animal fats, and
whether or not they were known at the date of the passing of that Act.
This was a case stated by the Justices for Derby on the hearing of an
information against the respondent, Alton, for selling margarine by retail
without complying with the terms of the Margarine Act, 1887, as to branding
the package with the name "margarine," and as to delivering it in a paper
wrapper printed with the name margarine." The article in question was
sold as butter, or as nut cream butter. The paper case in which it was
enclosed had printed on it the words "Nut Cream I!utter," but not the word
"Margarine." The sample was certified by the analyst as consisting wholly
of magarine and containing no butter.
For the respondent evidence was given to show that the substance was
made wholly from nuts, that it contained no animal fat whatsoever, and that
it was a compound unknown at the date of the Margarine Act, 1887. It was
stated, also, that up to the date of the passing of that Act all margarine,
commonly so called, was made of animal fat, and that the name was then and
had ever since been ordinarily applied to compounds containing animal fat and
no others.
The Justices dismissed the summons, as they were of opinion that although
the sample had been prepared in imitation of butter, they thought that this
vegetable compound did not come within the purview of the Act. The Court
allowed the Appeal.
Alverstone, L.C.J., in giving judgment, said that Sect. 3 of the Margarine
Act, 1887, provided that the word "margarine" shall mean all substances,
whether compounds or ortherwise prepared in imitation of butter and whether
mixed with butter or not, and no such substance shall be sold except under
the name of margarine and under the conditions set fortb in the Act. The
Justices had found that this substance had been prepared in imitation of butter,
and it therefore fell within the definition. The appeal must, therefore, be
allowed and the case remitted to the Justices.
Ridley and Darling concurred.
(For full report see 72 J.P. 252.)
EXTRACT FROM " PUBLIC HEALTH," JULY, 1908.
Before Lord Alverstone, L.C.J., Darling and Sutton, J.J.
Cullin v. McNair.
Sale of Food and Drugs Act, 1875, Sec. 3.—Cream mixed with boracic acid.—
Sale of such as Cream.
When an article is sold as cream, an offence wdl be committed under
Section 3 of the Sale of Food and Drugs Act, 1875, if such article is a mixture