In the Sale of Food and Drugs Act of 1899 powers were conferred upon the
Board of Agriculture to make regulations determining what deficiency in
the proportion of constituents of milk, cream, butter, or cheese should
raise a presumption that the product was not genuine until the contrary
was proved. Acting under this section of the Act, the Board adopted the
minimum limit of the Society of Public Analysts, so that now any milk
containing less than 3 per cent. of fat and 8·5 per cent. of cream is
regarded as adulterated unless it can be proved by the vendor that it is
genuine, and it thus has the effect of transferring the burden of proof
from the prosecution to the defence.
As was mentioned above, the whole tendency of recent legal decisions is
towards enforcing this standard. For instance, in a case in which there
had been "an appeal to the cow," it was held by the present Lord Chief
Justice that: "If, however, the article produced, although it is produced
by the cow, is the result of an abnormal condition of things arising
either from disease, or, as here, from unsound treatment of the cow, I
think that does amount to evidence upon which the magistrates can find the
article is not of the nature, substance, and quality of the article
demanded."
A want of system characterises the whole administration of the Food and
Drugs Act, and many of the local authorities are unwilling to see that an
adequate number of samples are taken.
For instance, only a few years ago, Lancashire, with a population of over
a million and a half, was content with 1,755 samples, or one to each
10,000 people, while in Essex, with a population of over half a million,
the samples taken were 686.
In Bury St. Edmunds no samples at all were taken during the four years
ending 1899, and a similar lax administration of the law in many other
places might be cited.
Some places pride themselves upon their freedom from adulteration, because
out of the paltry number of samples taken by the inspectors, a quarter of
the number or less may have been adulterated.
Even when the limited number of samples is properly taken, there is often
a scandalous inadequacy and frequent inequalities in the amount of fine
inflicted.
For instance, a milkman was fined one shilling at Margate for the sale of
watered milk--a fine grossly inadequate to take away temptation; while in
other courts we find fines of a pound or more imposed for exactly the same
offence.
The remedy for this would be to have a fixed scale of fines for each
offence. Another direction in which legislation is needed is the
protection of the middle-class buyer. At the present time a shopman runs
little or no risk in selling adulterated food to private houses. And the
greater the vigilance of the local authority in protecting the buyer over
the counter, the greater is the temptation to the shopkeeper to make an
illicit profit out of ordered goods. Some means might well be provided for
the examination of purchases in transit.
Public-domain text, read in full here on John Shaqi.
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