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62
was delivered in bottles the position was not so clear as the practice
of dairymen delivering milk in bottles belonging to other dairymen
did not always come within the scope of this section. No specific
duty laid with local authorities to take action in a case of this sort
unless it fell within the scope of Section 6 of the Act. In this case
it appeared that action could only be taken under the Merchandise
Marks Act, 1887, and as the Council had no power to take proceedings
of this nature under that Act, one of the food inspectors
was authorised to take action as a private individual. Three
summonses were taken out, a fine of 40s., with £7 7s. costs being
imposed in respect of one of them, and the other two summonses
were withdrawn.
Particulars of this case were sent to the Ministry of Health,
together with a suggestion that the law should be amended so as
to allow local authorities to take action in such cases and the
Ministry intimated its intention of carrying the suggestion into
effect as soon as opportunity occurred.
It was found necessary to make three formal seizures of unsound
food during 1934. In the first case a quantity of confectionery,
dirty and fouled by mice, was found deposited for sale and being
sold to children at a trifling cost. The owner was prosecuted and a
fine of £20, with £2 2s. costs, was imposed. In the second case
a consignment of tinned tomatoes was examined and samples sent
for chemical and bacteriological examination. The Bacteriologist's
reports revealed a condition which rendered the tomatoes unfit
for human consumption, but suggested that they could be consumed
without harmful effect if treated in any manner involving further
sterilisation. As the owner of the consignment could give no
guarantee of such sterilisation twelve cases of the tomatoes were
submitted to a Magistrate and a condemnation order secured. Following
this seizure the owner surrendered the remainder of the
consignment, amounting to 200 cases, with a total weight of 6½
tons. Legal proceedings were not taken against the owner as it
was impossible for him to have known that the food was unwholesome
when deposited for sale. The third case concerned a quantity
of biscuits in a dirty condition and found deposited for sale. The
biscuits were taken before a Magistrate and a condemnation order
secured. Proceedings were taken against the owner, but the case
was dismissed under the Probation of Offenders Act upon payment
of £1 15s. costs.
During this year I reported to the Public Health Committee
that, in the opinion of the food inspectors, certain dairymen in the
borough were purchasing separated or skimmed milk for the purpose
of "breaking-down" fresh milk rich in fat to a weaker condition,
which would still comply with the official standard as regards fat
and solids not fat deemed to be present in average genuine milk.