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Section 4 continues and extends the provisions of an existing order of the Food
Controller. It prohibits the addition of any colouring matter or water or reconstituted
milk or skimmed or separated milk to milk intended for sale. The Section
also prohibits the sale of reconstituted milk as milk. The practice of " toning "
milk by the addition of skimmed or separated milk to whole milk to increase the
bulk and lower the percentage of fat to the minimum standard of three per cent,
is therefore an offence under the Act.
Section 5 prohibits under heavy penalty the sale of milk of a cow suffering
from tuberculosis of the udder. It is made no defence to plead ignorance, for the
Section is specifically made to apply equally to a person guilty and to one who
could by the exercise of ordinary care have ascertained that the cow was suffering
from disease.
This enactment should assist in preventing the distribution of tuberculous
milk though it does not apparently place any responsibility on a person selling
tuberculous milk after the first transaction, i.e., in the capacity of distributor or
retailer if he is not the producer. It would be a considerable advance if retailers
and distributors obtained a guarantee from the farmer or producer that the milk
supplied by him is from certified healthy animals. Such a procedure would materially
improve the prospect of the elimination of tuberculous milk.
Section 8 requires the Minister of Health to make regulations as to imported
milk under the Public Health (Regulations as to Food) Act, 1907. It also empowers
him to make regulations prescribing standards for dried and condensed milks and
the manner in which receptacles containing dried, condensed, skimmed or separated
milk are to be labelled or marked. The draft of certain proposals as to the standardisation
of condensed milk has been made public but it has not yet been before
the Sanitary Committee.
Section 9 provides for the prosecution of the servant or agent of a purveyor
of milk in certain circumstances if the local authority are satisfied that the offence
is not within the knowledge, consent or connivance of the purveyor.
This Section also protects a person against conviction in respect of a sample of
milk taken after the milk has left his custody and control, if it is proved that the
churn or other receptacle in which the milk was contained was effectively closed
when it left his custody, but was not closed and sealed when it reached the person
by whom the sample was taken.
At present it is not usual effectively to close and seal churns or milk receptacles
during transit. The fastening, if any, is mostly of a very simple character and undoubtedly
milk is tampered with at times. It will, however, be of interest to see
whether those engaged in milk production and distribution will avail themselves
of the protection of this clause by sealing the vessels in which the consignments are
forwarded, and so deprive themselves of the excuse which the unsealed churn or
receptacle always provides in cases which are the subject of legal proceedings.
In arriving at a decision as to whether a person should be placed on the Register
or not certain additional considerations will require attention, such as the
following:—
The desirability of permitting basements to be used for the storage of milk
and if so, what conditions should be observed.
The practice of permitting churns to stand on the footway outside milkshops
and how to safeguard churns and lids.
The practice which is found to be followed of small milk receptacles containing
a reserve supply standing on shop floors.
It seems to me to be desirable that some further experience in considering
whether or not a person shall be registered is required before too strict a set of
requirements is laid down, and I have, therefore, suggested the following
procedure.
1.—Two Registers shall be kept, viz.: (a) of "Retail Purveyors of Milk" and (b) of
all other milk sellers.
2.—These Registers to be prepared in card index form; the cards to be as those submitted,
but of two different colours.
3.—Milk sellers on the present register to be regarded as now being registered, but at
each meeting of the Committee a certain number of milk sellers to be reported upon with a
view to transferring their names, or otherwise, to the new Register. This method of registration
will bring the circumstances up to date and enable detailed consideration to be given to
each case.
4.—The cards to form the index to be of the following character:—