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79
In recent years the risk of bacterial food infection has been
considerably increased by the growth in the number of people
eating less in their homes and more in catering establishments of
various descriptions, with the result that unhygienic or unsatisfactory
methods of food preparation affect a far greater number of
persons than would be the case in home cooking. During the war
years, owing to restrictions of materials and labour and their high
cost, lower standards had to be accepted in respect of the conditions
under which foodstuffs were prepared, although every effort was
made to maintain a standard, but the restrictions in food supplies
during the war and since have resulted in a great increase in catering
establishments, many of which are conducted in cramped and
unsuitable premises in which the maintenance of a high standard
of cleanliness is difficult if not impossible. Moreover, as communal
feeding to a great extent takes place during rush hours,
the efficient cleansing of utensils is usually subordinated to rapidity
of service.
The work of the department is made more difficult by the fact
that only in the case of premises used for the sale, manufacture or
storage of ice-cream, and the preparation or manufacture of sausages
or potted, pressed, pickled or preserved food is registration by the
local authority required, so that anyone can open a catering
establishment so long as the necessary permit for rationed foods is
forthcoming from the Ministry of Food. It then becomes the
responsibility of the department to secure any necessary improvements,
but their efforts in this direction are hampered by the
fact that they have no power to close the premises and can only
prosecute for contravention of the sanitary and other provisions of
the Food and Drugs Act relating to rooms where food is prepared,
etc., for sale.
Section 13 of the Food and Drugs Act contains, among other
provisions, two which require (a) all persons employed in any room
in which food is sold or offered, exposed or deposited for sale to
observe cleanliness in regard to themselves and their clothing and
in regard to the room and all articles, apparatus and utensils
therein, and (b) the provision of suitable and sufficient washing
facilities for the use of such persons.
Superficially, the provisions of this Section would appear to
give local authorities sufficient powers to remove any risk of food
becoming contaminated during its preparation, and it is not until
they are considered from the legal aspect, that is to say, from the
point of view of the powers of the Magistrates' Court to order the
Council to register premises in cases where they have refused
registration, that the difficulties of administration become evident.
Experience in the Police Courts suggests that, legally, cleanliness