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41
SALE OF FOOD AND DRUGS ACT, 1899,
which came into operation on January 1st, 1900. By its provisions, precautions are
to be taken against the importation of agricultural and other produce insufficiently
marked ; power is given for the Local Government Board or Board of Agriculture to
take samples of articles of food, and also to act in default of a local authority ; and the
Board of Agriculture is empowered to make regulations as to analysis of milk, cream,
butter, or cheese. The provisions of the Margarine Act, 1887, are extended to
margarine cheese, and the marking or branding of packets containing margarine or'
margarine cheese is required to be distinctly legible. Wholesale dealers in margarine
and margarine cheese are to be registered in the same way as manufacturers of
margarine. Manufacturers of and dealers in margarine and margarine cheese are to
keep registers relating to the quantity and destination of consignments sent out by
them ; such registers are to be produced when required by officers of the Board of
Agriculture, and the officers have power of entry for the purpose of inspecting the
processes of manufacture of margarine and margarine cheese. Margarine is not to
contain more than 10 per cent, of butter-fat. The name and address of a person selling
milk or cream in a public place are to be inscribed on the vehicle or receptacle from
which the same are being sold. The consignor is to be furnished with a portion of a
sample of margarine or margarine cheese or milk, taken in course of delivery. Tins
or other receptacles containing condensed separated or skimmed milk are to be legibly
labelled as such. Notice of a mixture is to be so written or printed that it is not
obscured by other matter on the label. For offences under the Act, and for obstructing
an officer in discharge of his duty, the maximum penalty for a first offence is not to
exceed £20, for a second offence £50, and for subsequent offences the maximum penalty
is £100. Where a person, for an offence under any provision of the Sale of Food and
Drugs Act, is liable to a fine exceeding £50, if, in the opinion of the Court, a fine will
not meet the circumstances of the case, he may be imprisoned with or without hard
labour, for a period not exceeding three months. When any article of food or drug
has been purchased for test purposes, any prosecution under the Act must be instituted
within 28 days from the time of purchase, and the summons shall not be made
returnable in less time than 14 days. A copy of the analyst's certificate must be
served with the summons. Where a warranty or invoice is to be used as a defence,
written notice thereof, together with a copy of the same, are to be sent to the purchaser
within seven days after the summons is served, and the name and address of the person
giving the warranty are to be furnished. A like notice of intention to rely on the
warranty is to be given to the person from whom the same was received, and that
person shall be entitled to appear at the hearing. A magistrate may, if he thinks fit,
cause an article of food or drug, concerning which a prosecution has been instituted, to
be sent to the Commissioners of Inland Revenue for analysis. The expression " food "
is defined as including " every article used for food or drink by man, other than drugs
" or water, and any article which ordinarily enters into or is used in the composition
"or preparation of human food; and shall also include flavouring matters and
" condiments."