View report page

56
Sampling on Saturday nights and Sundays and in the evening or early hours of
the morning was carried out regularly.
In the majority of cases an agent" was employed and gave valuable assistance.
The fines and costs recovered in the cases in which proceedings were instituted
against the vendors of the adulterated samples amounted to £ 140 7s.
The defence of a warranty was raised in five prosecutions for adulteration of
milk and the summonses were dismissed.
Adulteration of Jam.—During the year the cases relating to adulteration of
jam commenced in 1910 were completed and decided in favour of the Council.
In all two summonses were issued relating to two samples, one of black currant
jam and one of plum jam, each certified by the Public Analyst to be adulterated
by the addition of 10 per cent, of apple pulp.
One of the summonses was returnable at Great Marlborough Street Police
Court; the other at the Marylebone Police Court. The former was taken first. The
latter was withdrawn on the payment of costs, the decision of the magistrate in the
former case being regarded as sufficient.
The chief defences raised by the defendants in the case heard were that the
addition of some alien fruit such as apple was essential to produce "jellying"
in the case of jams made from black currants, plums, &c.; that it was a trade custom
to add juices of other fruits and that a label, advising purchasers that the jam was
improved by the addition of other juices appeared on each pot sold. No satisfactory
explanation of the presence of the apple pulp was offered.
A considerable body of expert evidence was called on behalf of the defendants
and the Council were able to bring forward a great deal of valuable information and
opinions given by well-known jam manufacturers in London and elsewhere.
In the end the magistrate took the view, that as alleged by the prosecution there
had been an offence against the Sale of Food and Drugs Act, and decided in
favour of the Council. He imposed a penalty of £\2 and allowed costs amounting to
£b 6s. He agreed to state a case but the appeal was not proceeded with.
The summonses with regard to a sample of plum jam similarly adulterated and
purchased from the same defendants were withdrawn on the payment of £ 10 10s. Od.
costs.
Samples of jam taken since the above decision was given have all been returned
by the Public Analyst as genuine.
No summonses for offences against the provisions of the Sale of Food and Drugs
Acts, other than food adulteration were issued.