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19
6,492 families were supplied with free milk, and 121 at half-price during the
year. The permit was made out for 28 days and renewed. No period was fixed as
to the number of times the permit should be renewed.
Steps were taken to ensure that the recipients received the proper amount of
milk from the milk vendors, and that it was not adulterated. As far as the measure
was concerned, there was no ground for complaint. The genuineness of the milk
was not satisfactory and where the milk vendor was a frequent offender under the
Food and Drugs Acts, his name was struck off the list of suppliers. Unfortunately
there is a growing tendency on the part of the larger milk vendors to rely on the
warranty when their milk is found to be adulterated. I presume the smaller
tradesmen are not supplied by the wholesale firms with warranties, as it is very
seldom produced when such retailers are prosecuted for milk adulteration.
The Public Health Committee have on many occasions called the attention of
the Borough Council and of the Local Government Board to the fraud perpetrated
with impunity by dishonest tradesmen under the cloak of the Warranty Clause.
The Warranty defence has been pleaded successfully in this district by
milkmen for milk adulteration during the last 7½ years on 100 occasions, while the
number dismissed from all other causes has only been 14.
For substances other than milk, the Warranty Clause has been successfully
pleaded in 3 instances, and the number of cases dismissed for other reasons has
been 4 during the same period.
With regard to milk, the wholesale firm cannot be successfully prosecuted for
having sold adulterated milk to the retailer. It is necessary to take proceedings
for " giving a false warranty."
The only facts that the wholesale firms have to prove are that they have
a warranty from the farmer, and that the milk was not adulterated while in their
possession, nor had the firms any reason to believe that it was not genuine milk
when received.
If proceedings are taken against the farmer, the latter will state that he
delivered the milk as the cow gave it, and all his employees who have handled the
milk will give evidence that they did not adulterate it. The Magistrate will then
have no option but to dismiss the summons.
The Warranty does not appear to be a bom fide one as drawn, as it is only given
for the purpose of evading the Food and Drugs Acts, and it could not be sued on
by the retailer in the Civil Courts for a breach thereof.
B2