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86
sample consisted of genuine butter. The magistrate expressed the opinion
that what the prosecution alleged was being done, but as the two analysts
disagreed the summons would be dismissed.
As a sequel to this case, a series of samples of butter was taken by our
inspectors from the retail shop. Ten samples in all were taken, and it was
apparent from the composition of these samples that the butter was being
consistently adulterated with small additions of margarine. Water was also
being incorporated to the maximum legal limit of 16 per cent. In three cases
the water present exceeded 16 per cent., and in 4 cases very slight traces of
boric acid were present. Owing to the fact that butter is a natural product
and therefore subject to variations in composition, the detection of small
quantities of added margarine is an exceedingly difficult matter, as the resultant
mixture may still give figures within the range of those said to be given by
genuine butter. The ninth sample of the series P 98 was, however, definitely
condemned as being adulterated with not less than 10 per cent. of foreign
fat. The remainder, with the exception of N 61, an informal sample which
was adulterated with at least 15 per cent. of margarine, and one sample
bought at the highest price which was genuine, were reported as of suspicious
or highly suspicious character.
Legal proceedings were taken in the case of sample P 98. In a communication
to our inspector, the solicitors for the defence stated that their
analyst had certified the sample to be genuine, but that it contained a slight
excess of water. They suggested that the Borough Analyst had made a
mistake and that the summons should be withdrawn, and further that it was
their intention to send the third part of the sample to the Government Chemist,
and finally to rely on a warranty defence.
The third part was sent to the Government Chemist, who stated that
the sample consisted of "butter mixed with about 10 per cent. of margarine,"
thus confirming my analysis. The defence then raised a technical objection
to the summons in that it was taken out under the new Food and Drugs
(Adulteration) Act, 1928, which came into operation on January 1st, 1929,
whereas the sample was taken under the old Acts on December 19th, 1928.
The magistrate decided against the objection, upon which it was stated that
an appeal would be made and the case was again adjourned. Later the
decision to appeal against the magistrate's decision was withdrawn. At the
next hearing a warranty defence was pleaded. Evidence was given that
Argentine butter was received in square boxes in the basement, turned out
from these boxes in the shop and " wired," forming a number of square blocks ;