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37
direction would, we feel sure, be appreciated both by Local Authorities
and by traders."
The Minister is entirely in agreement with the view of
the Committee, but it has not been practicable up to the
present to introduce legislation to give effect to this recommendation.
The Minister commends the matter, however,
to the consideration of Local Authorities and suggests that
proceedings should not be taken under the Sale of Food and
Drugs Acts in respect of the addition of preservatives to
food except where such addition would be contrary to the
provisions of the Regulations. In this connection Local
Authorities will no doubt have regard to the fact that in
conformity with the recommendation of the Committee, the
Regulations have been framed so as to allow time for the
adjustment of methods and processes, and the clearance of
existing stocks, before they come into operation.
Representations have been made to the Minister that a
Local Authority, before instituting proceedings under the
Regulations, should give the person concerned an opportunity
of furnishing an explanation. This suggestion has been
made mainly on the ground that, especially during the
early period of operation of the Regulations, difficulties may
occur which would be satisfactorily cleared up by administrative
action and would not justify the institution of legal
proceedings. The Minister is in general agreement with the
suggestion, but he thinks that the matter is one that can
properly be left to the discretion of Local Authorities and he
has, therefore, decided not to include in the Regulations any
specific provision on this point.
Representations have also been made that a retailer should
be entitled, as in the case of the Sale of Food and Drugs Acts,
to plead the defence of warranty. The Minister feels that
the proposal is equitable in principle but he is advised that,
in view of the statutory powers under which the Regulations
are made, it is not possible to include a suitable provision to
give effect to it in the Regulations. Attention may, however,
be drawn to Article 7 which empowers a Local Authority
instead of, or in addition to, taking proceedings against a
retailer, to take proceedings against the manufacturer or
wholesaler by whom the article was previously sold. It is
suggested that this provision might be used with advantage
in many cases where an article of food is sold in a sealed container
bearing the name and address of the manufacturer
or of the wholesale dealer responsible for its distribution.
In connection with this matter reference may be made to the
terms of Article 14 which enables the officers of the Local
Authority to make any necessary enquiries as to the origin
of an article to which the Regulations apply.