London's Pulse: Medical Officer of Health reports 1848-1972
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Hints from the Health Department. Leaflet from the archive of the Society of Medical Officers of Health. Credit: Wellcome Collection, London
Kensington 1927
[Report of the Medical Officer of Health for Kensington]
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33
FOOD SUPPLY.
MILK SUPPLY.
Milk and Dairies (Consolidation) Act, 1915.—This Act, the operation of which was postponed
owing to War conditions, came into force in 1925 It has for its main object the
prevention of the sale of tuberculous milk. Under this Act County Councils and County Borough
Councils may make an order which will prohibit the sale of infected milk in any area. In this
connection it should be pointed out that the Minister of Agriculture and Fisheries has made
a Tuberculosis Order which came into operation on September 1st, 1925. This Order provides
for the slaughter of bovine animals infected with certain specified forms of tuberculosis and
for the payment of compensation in respect of animals so slaughtered. It will be the duty
of the local authority, when in the exercise of their powers under the Act they discover the
presence in a herd of an animal to which the Order applies, to cause it to be slaughtered in
pursuance of the Order.
When this Act came into operation the Council decided that a number of samples of milk
should be taken each year for the purpose of examination for the presence of tubercle bacilli.
In the year 1927, of the fifteen samples so taken, fourteen were certified as being free from tubercle
bacilli; in the remaining sample, animal inoculation revealed the presence of the organism. This
sample was taken from a churn of milk at Addison Road Station, consigned from a farm in Berkshire,
and in accordance with the procedure laid down in the Act, the facts were communicated to
the Medical Officer of Health of that county for ction to be taken. It was subsequently ascertained
that four animals at this farm, all of which were " wasters," had been destroyed since the
sample had been taken.
The Act enlarges the powers of officers of local authorities to take samples of milk for
chemical examination, and such samples may, under the Act, be taken at any time before the milk
is delivered to the consumer. Perhaps the most important change of the law effected as far as
Kensington is concerned is in connection with the third schedule which amends the provisions of
the Sale of Food and Drugs Acts with regard to the warranty defence. When the purveyor
proposes to plead such a defence he must give notice to the local authority so that a sample from
a corresponding milking can be taken in the course of transit or delivery to the purveyor; and if
the owner of the cows so requests, a further sample must be taken at the dairy at which the cows
are kept. Unless notice is given within 60 hours of the sample being taken the warranty defence
cannot be used. This defence will also not be available where the sample in respect of which
proceedings are taken is a mixture of milk obtained from more than one seller or consignor. Power
is also given to the local authority of the district in which the first sample was taken, instead of or
in addition to taking proceedings against the purveyor, to proceed against the seller or consignor.
In eignteen cases both the original sample obtained from the purveyor and that obtained from the consignor were found to be of genuine composition and the following table gives the details in respect of four cases where the original sample was adulterated and samples taken from the wholesaler were genuine:—
| Case No. | Amount of adulteration in sample taken from the retailer. | Result of samples taken from the wholesaler. | Action taken. |
|---|---|---|---|
| l | 11 per cent. of extraneous water and 4 per cent. of the required fat deficient | 5 samples all genuine | Proceedings. Summons dismissed on warranty defence |
| 2 | 20.6 per cent. of the required fat deficient | 2 samples both genuine | Proceedings. Fined £2 and £1 11s. 6d. costs |
| 3 | 31 per cent. of the required fat deficient | 4 samples all genuine | Proceedings. Fined £5 and £5 5s. 0d. costs |
| 18 per cent. of the required fat deficient | 2 samples both genuine | Proceedings. Summons dismissed owing to bottle of third part of sample having burst |
Register of Retail Dairies and Milkshops.—The Milk and Dairies (Consolidation) Act, 1915,
and the Milk and Dairies Order, 1926, make it clear that a shop wherein milk is not supplied otherwise
than in the properly closed and unopened receptacles in which it was delivered to the shop
does not come within the definition of a dairy. Furthermore, a shop where milk is sold for consumption
on the premises only is not included in this definition.
During the past year, however, the Council were concerned in an action in the High Court
for the purpose of ascertaining whether a person who sold milk in a closed container in the same
condition as he received it was required to be registered as a dairyman under the Order, although
the premises from which he sold it were not a dairy. The case is one of very considerable interest.