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159
This was an appeal by case stated from the decision of Justices of the
West Riding of Yorkshire convicting the appellant, a Pharmaceutical Chemist,
upon an information preferred against him by the respondent, an Inspector of
Food and Drugs, charging him with unlawfully selling, to the prejudice of the
respondent, two ounces of mercury ointment, which on analysis was found
to be deficient in mercury.
It was contended on behalf of the appellant that he was not by law required
to sell mercury ointment to a purchaser in accordance with the standard
quality prescribed by the British Pharmacopoeia, except when specially asked
by the purchaser to do so, or when making up the prescription of a medical
practitioner : and that accordingly it was within the discretion of the appellant
to supply the diluted preparation in all cases in which he thought fit to do so,
and that he had therefore committed no offence under Section 6 of the Sale of
Food and Drugs Act, 1875.
The Justices found that the commodity sold was not of the nature,
substance, and quality of the article demanded by the purchaser, and
prescribed in the British Pharmacopoeia, whether expressly asked to do so
or not.
The questions for the opinion of the Court were:—
(1) Whether the appellant was so bound as last aforesaid or not.
(2) Whether there was any evidence to support the finding of the
Justices.
(3) Whether the information was properly laid under Section 6 of the
Sale of Food and Drugs Act, 1875.
(4) Whether the conviction was good in law.
The conviction was affirmed. (This important case was fully reported in
"The Times" of 30th January, 1901.)
The remaining 50 articles examined comprised 14 of mustard, 12 of tinned
meats, 11 of cocoa, 6 of lard, 2 each of Demerara sugar and honey, and 1 each
of cheese, prawns, and Kello nuts. Some notes on these nuts will be found
on page 111.
REGISTRATION OF WHOLESALE DEALERS IN MARGARINE
AND MARGARINE CHEESE.
At the end of 1906 there were 46 dealers in Margarine, and 15 dealers in
Margarine and Margarine Cheese on the Register.
In November last it was ascertained that the names of 31 firms who had
either "gone away" or "removed" remained on the Register, and that there
were 18 dealers in Margarine who were not registered.