SALE OF FOOD AND DRUGS ACTS. 33 



the article was otherwise, and that he sold it in the same state as when he pur- 

 based it, he shall be discharged from the prosecution, but shall be liable to pay the 

 osts incurred by the prosecutor, unless he shall have given due notice to him that he 

 Till rely on the above defense. 



The amendment (sec. 20 of the act of 1899) changes the scope of 

 be above somewhat, but does not render negative the principle that 



warrant under such certain conditions is in itself a good defense, 

 ''his principle has also been included in the food law of the United 

 j>tates under section 9, wherein a guaranty may be used as a defense 

 provided it comes from the person from whom the goods were pur- 

 chased. In England the primary object was to protect the innocent 

 tetailer, as under the English sale of food and drugs acts the prosecu- 

 ons are always first instituted against the dealer. The English war- 

 anty provisions, while protecting the retailer, are defective against 



e wholesaler or manufacturer, and there is at present a considerable 



mand from local authorities for legislation which will enable them 

 nore effectively to reach the responsible person. Section 20 (3) of 

 le act of 1899 provides that 



A warranty or invoice given by a person resident outside the United Kingdom shall 

 it be available as a defence * * * unless the defendant proves that he had taken 

 asonable steps to ascertain and did in fact believe in the accuracy of the statement 

 mtained in the warranty or invoice. 



Herein is a distinction to be drawn between the warranty section 

 f the sale of food and drugs act, 1899, and that of the American law, 

 ection 9 of which provides that the guaranty must be signed by a 

 arty residing in the United States. 



SALE OF MILK REGULATIONS, 1901. 



By virtue of the authority given the Board of Agriculture in section 



of the sale of food and drugs act (1899), it has issued what is termed 



he ' ' Sale of milk regulations ,1901." When milk contains less than 3 



er cent of milk fat or less than 8.5 per cent of solids not fat, it lies with 



he seller to prove that water has not been added. The same is true 



the case of skimmed milk containing less than 9 per cent of total 

 lilk solids. Under the same authority (sec. 4) the Board of Agricul- 

 ure has issued the sale of butter regulations, 1902. These provide 

 hat if butter contains more than 1 6 per cent of water, it rests with the 

 eller to prove that water was not intentionally added. It is estab- 

 shed that milk may contain under certain circumstances less than 3 

 er cent of milk fat and still be genuine; on the contrary, milk may 

 ave over 3 per cent of milk fat and not be a genuine milk. The sale 

 : milk (Ireland) regulations, 1901, and the sale of butter (Ireland) 

 egulations, 1902, are identical with those discussed above for Great 

 ritain. 



