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"to deal with. The latter authority can act, while the Local Government Board
"can only give an expression of opinion.
"It appears to me that the time has arrived when the recommendations of the
"Departmental Committee referred to above should be given a legal value and be
"adopted by the Board of Agriculture and Fisheries under the provision of
"Section 4 of the Sale of Food and Drugs Act, 1899."
The views of Dr. F. L. Teed, Public Analyst for the City, were invited, and
he expressed the following opinion:—
"Local Government Board Circular of July IDA, 1906.
"The above circular alludes to the Report of the Departmental Committee on
"Preservatives and Colouring Matters in Food, one of whose recommendations was
"that no preservatives should be added to milk.
"The Local Government Board then further on recommends that proceedings
"should be taken where preservatives are reported in milk.
"Since neither a Departmental Committee nor the Local Government Board has
"the power to change the law, the point for consideration is whether such proposed
"proceedings are authorised by the Acts.
"Such proceedings, if taken, would have to be under Section 6 of the 1875 Act,
"for the sale of an article to the prejudice of the purchaser which is not of the
"nature, substance and quality of the article demanded. But this section goes on :
"' Provided that an offence shall not be deemed to be committed under this section
"' in the following cases ; that is to say—
"'(1) Where any matter or ingredient not injurious to health has been
"' added to the food or drug because the same is required for the production or
"' preparation thereof as an article of commerce, in a state fit for carriage or
"' consumption, and not fraudulently to increase the bulk, weight or measure
"' of the food or drug, or conceal the inferior quality thereof; '
"It has been held that this proviso means that the introduction of the injurious
"ingredient must be in such amount as to render the article injurious to health in
"order to constitute an offence.
"To my mind this proviso allows the addition of preservatives and colouring
"matters in any proportion provided that the article is not thereby rendered injurious
"to health. This view is confirmed by reference to the Schedule of the 1875 Act,
"footnote ' (d) Here the Analyst may insert at his discretion his opinion as to
"' whether the mixture (if any) was for the purpose of rendering the article
"' portable or palatable, or preserving it, or of improving the appearance, or was
"' unavoidable, and may state whether in excess of what is ordinary, or otherwise,
"' and whether the ingredients or materials mixed are or are not injurious to
"' health.'
"This footnote is just a paraphrase of the proviso quoted, and includes the word
"' preserving,' which I consider comes under the heading of ' preparation thereof
"as an ' article of commerce, in a state Jit for carriage or consumption.'
"That the Acts contemplated and approved the employment of preservatives is
"again shown in the Margarine Act, 1887, Section 3 :—' The word " butter"