SALE OF FOOD AND DRUGS ACTS. 31 



brand"; in small type the label bore the further legend, "this tin 

 contains skimmed milk." There was a deficiency of 93 per cent 

 butter fat, but the court held that the purchaser had been sufficiently 

 informed as to the character of the product although his attention 

 had not been specifically called to the label at the time of purchase. 

 Another interesting case is that of a vendor of milk who, over a period 

 of four or five hours, sold milk in small amounts from a can containing 

 8 gallons of whole milk. The milk was not thoroughly mixed each 

 time a sale was made and as the cream rose the lower part of the can 

 contained a milk deficient in fat. When but 2 quarts remained, an 

 inspector purchased a sample, which on analysis was found to show 

 a deficiency of 33 per cent of fat and the courts decided that section 

 8 had been violated. 



METHOD OF SAMPLING. 



The method of sampling is very similar to that pursued by the 

 inspectors under the American law. It is required that the samples, 

 so purchased for analytical purposes, shall be divided into three parts 

 at the time of purchase, and after sealing or otherwise marking each 

 part the consignor "shall, if required to do so, deliver one of the 

 parts to the seller or his agent." The consignor must, however, be 

 informed at the time of purchase that the samples are to be analyzed 

 by the public analyst. One of the remaining parts goes to the public 

 analyst, the other is retained for "future comparison." If this 

 third sample is lost or becomes spoiled so as to be unfit for analysis, 

 the case can not be tried in court, for the court will require that the 

 third sample be produced. The vendor can appeal for the third 

 sample to be analyzed, and such analysis is made in the inland 

 revenue laboratory. The vendor may have his sample analyzed by 

 anyone he chooses. This brings about a very peculiar situation, 

 namely, that it is possible for the public analyst to have for examina- 

 tion not only the official sample, but also the vendor's sample, 

 because most public analysts are not exclusively engaged in the 

 public service, but are engaged in outside work as well. 



The regulations in this country require that "A sample taken from 

 bulk goods shall be divided into three parts, and each shall be labeled 

 with the identifying marks. If a package be less than 4 pounds, or 

 in volume less than 2 quarts, three packages shall be purchased 

 when practicable *' * *. When three samples are purchased, one 

 sample shall be delivered to the Bureau of Chemistry or to such 

 chemist or examiner as may be designated by the Secretary of Agri- 

 culture; the second and third samples shall be held under seal by 

 the Secretary of Agriculture, who, upon request, shall deliver one 

 of such samples to the party from whom purchased or to the party 

 guaranteeing such merchandise. When it is impracticable to collect 



