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61
Warranty Defence.
Warranty as a defence was pleaded in connection with proceedings
under the Sale of Food and Drugs Acts, and was
successful in each of the 7 cases. In regard to one of them,
however, proceedings were subsequently taken against the
wholesale firm for false warranty, and the firm was convicted
and fined and costs imposed (vide Tabular Statement of legal
proceedings).
The iniquity of the "warranty" defence has been pressed
upon the notice of the Central Authority for years past, but
nothing has been done to amend the Food and Drugs Acts in
the direction of repealing the "warranty'' clauses in regard to
milk. It is interesting to note that the Magistrate at the Southwestern
Police Court (Mr. R. Bankes, K.C.), in a letter to the
"Times" newspaper, pointed out that the "warranty"
defence militated seriously against the purity of the milk
supply, and he strongly advocated its abolition as a defence.
The letter was brought to the notice of the Council, who
directed that the views of the learned Magistrate should be
brought to the notice of the Members of Parliament for the
Borough.
It is surely time that the hands of Local Authorities were
strengthened by an amendment of the law abolishing the use
of the "warranty" defence, which adversely affects the
administration of the Acts.
Milk and Cream Regulations, 1912 and 1917.
All samples of milk are examined by the Public Analyst
for the presence of preservatives, but in no case were preservatives
found in the 617 samples taken in Battersea during 1919.
Owing to the Orders of the Food Controller prohibiting
the sale of cream, samples of cream were not obtainable in
Battersea in 1919, and no action was therefore taken to enforce
this part of the Regulations during the year.
1. Milk and cream not sold as preserved cream:—
(a)
Number of Samples
examined for the
presence of
a preservative.
Number of Samples
in which a preservative
was reported
to be present.
Milk
617
—
Cream
—
—