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149
Fisheries, showing the necessity for an early amendment of the Acts now in
operation. The Committee concurred, and it was referred to the City
Solicitor and myself to prepare such statement for transmission to the abovementioned
Authorities.
The following is a copy of the representation which, after approval by the
Sanitary Committee, was in due course forwarded to the Local Government
Board and the Board of Agriculture and Fisheries:—
"The Corporation has for some time past had its attention called to
"the ease with which the Sale of Food and Drugs Acts can be evaded
"by reason of the unfair protection afforded to offenders who are able to
"prove a warranty under the Acts.
"This has become a question of serious importance, and affects the
"proper control of food sold to the public (especially milk), and prevents
"a satisfactory administration of the Acts.
"The Corporation is advised that the only way of dealing successfully
"with the objects which the Acts have in view is the entire repeal of
"the warranty sections.
"These sections provide in effect that where a retailer is prosecuted
"for selling adulterated articles, if he prove to the satisfaction of the
"Justices or Court that he has a warranty in respect of that article, and
"that he sold it in the same state as that in which he bought it, having
"no reason to suspect it to be otherwise, he shall be entitled, under
"certain conditions, to be discharged from the prosecution.
"Retail milksellers generally obtain their supplies under a warranty
"from a Dairy Company, who purchase from farmers by contract, also
"under a warranty. Should the retailer be prosecuted for selling
"sophisticated milk, and give due notice under Section 20 (1) of the
"Act of 1899, the summons is dismissed. If samples from the whole"sale
dealer who sold the milk are taken on delivery at the retailer's
"premises and found adulterated or impoverished, the case against him
"is also dismissed for similar reasons, the wholesale dealer relying upon
"the contract with the farmer, against whom no proceedings can be
"taken after the expiration of six months from the date of the warranty,
"even if the delivery by the farmer was within the jurisdiction of the
"Authority.
"Attention is called to the fact that, since 1901, 19 summonses tor
"offences under the Acts taken out in the City have been dismissed
"upon the proof of warranties, viz., six in 1902, two in 1903, two in
"1904, and nine in 1905. Other Local Authorities have had similar
"difficulties, and the evil seems to be increasing.
"Milk from the country delivered at a London terminus is frequently
"mixed on arrival at the station, and, as the Sampling Officer employed