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103
state of things, taking samples of milk under the Sale of Food and
Drugs Acts lias become a perfect farce, and the money and energy
expended is simply wasted. The object of the "warranty defence" was
to afford a protection for the dairyman who might be the innocent
victim of the farmer or other person from whom he purchased his
wholesale supplies, but it has, in fact, worked out in providing a
dangerous weapon in the hands of the unscrupulous, and results in the
unfortunate consumer being deprived of that protection to which he is
entitled. Other Statutes contain machinery for the protection of an
innocent retailer, but they take the form of enabling him to bring before
the Court the person whom he alleges to be the real offender, when the
Magistrate is at liberty to adjudicate and to inflict the penalty upon
whoever he decides to be the wrongdoer. T would also point out that
every trader whose reputation may suffer as the result of a conviction
through the article supplied to him by the wholesale dealer, not being
of the nature and substance contracted for, has a remedy for damages
at common law ; and in one case in Hanipstead where the proprietor of
a small general shop was convicted for selling milk containing preservatives
which he had purchased from a large firm of dairymen, he
subsequently recovered £100 damages.
The provision which the Food and Drugs Acts contain for taking
proceedings against those who give false warranties is of 110 avail, as in
a very large number of cases they turn out to be intermediary firms,
who, if proceeded against, in turn, plead the warranty which they
receive from the farmer.
Another matter for comment is the fact that it has been found in
many cases that after the milk supplied to them under a warranty has
been proved to be adulterated and has come to the knowledge of the
retailers they have stdl continued dealing with the same firm, and when
proceedings have been taken against them in regard to subsequent
offences, have again successfully pleaded the warranty as a defence.
Staff of The Department.
The only change in the personnel of the Department was that
occasioned by the appointment of the Medical Officer of Health, Dr.
(jr. F. McCleary, to the position of Principal Medical Officer to the
National Health Insurance Commission (England). Dr. McCleary
relinquished his office on 30th June, and I was appointed as Acting
Medical Officer of Health pending the appointment of a permanent
officer. The Council appointed me as their Medical Officer of Health at
their meeting on 2-lth July.