View report page

88
special treatment to which the milk had been submitted, it was not milk as contemplated by the
Dairies, Cowsheds and Milkshops Order, 1885. Having regard to the decision in this case,
a summons against another person for a similar offence was withdrawn.
In two similar prosecutions by the Council, taken some time ago, the Magistrate held
that milk sold in sealed bottles came within the terms of the Order, and a similar decision
was given in a Manchester case. In a ease considered at Paddington the Magistrate
held that the seller of bottled milk need not be registered as a purveyor of milk, and in a
Wolverhampton case a decision was given in 1919, by a Stipendiary, that sterilised milk
was a milk preparation, and did not come within a Milk Trices Order.
The Council's policy has been to require the occupiers of general shops to be registered
as purveyors of milk, whether sold in bottles or otherwise. If the shop is clean and the
occupier undertakes not to keep, store or sell paraffin or other oil, loose pickles and
vinegar, coal, coke, or any articles which are likely to cause dust, or by their odour to
pollute milk, he is registered, but otherwise registration is refused. There is always the
possibility of a shop-keeper opening the bottles and selling the milk in small quantities,
with the attendant risk of contamination. We understand that many local authorities do
not require registration when bottled milk is the only kind of milk sold.
Under the Milk and Dairies Act, 1915 (which came into force in September, 1925),
the expression " milk" includes cream, skimmed milk and separated milk. We are of
opinion that an amendment of this definition, so as to include all liquid milk sold in
bottles, whether sterilised or otherwise, would be advisable.
We recommend—
That a full statement of the Council's position in regard to the registration of
purveyors of bottled milk be forwarded to the Minister of Health, and that he be
asked to issue a regulation, or if necessary obtain an amendment of the law, to
require that purveyors of liquid milk sold in bottles, whether it be sterilised or
treated in any other manner, must be registered.
In the case mentioned above, the Magistrate's decision that, because the milk had been
sterilised, that is, heated to or above boiling point, it was no longer milk as contemplated by
the Order, and therefore the vendor need not be registered, gives rise to a remarkable situation.
Vendors of Pasteurised milk, that is, milk heated to a temperature of 145-150 degrees,
must not only be registered, but must pay a special fee for permission to sell such milk.
According to the Magistrates's decision recorded above, a vendor has only to heat the milk to
a higher temperature, for instance, boiling point, and then it is no longer milk as contemplated
by the Order, and registration is not necessary.
Milk (Special Designations) Order, 1923.
The special designations under which milk may be sold comprise the following:—
"Certified," "Grade A (tuberculin tested)," "Grade A," and " Pasteurised."
The Order states the conditions which must be complied with before a licence can be
granted in connection with the production, distribution and sale of such milk. Any such licence
is valid for not more than one year and expires on December 31st in each year.