SELLING STALE MILK

Dominion, Volume 8, Issue 2494, 22 June 1915, Page 15

SELLING STALE MILK

RESPONSIBILITIES OF VENDORS Reserved judgment was given in tho Magistrate's Court yesterday by Mr. D. G. A. Coo|jer, S.M., in respect to two recent prosecutions against milk vendors for selling adulterated milk. 'l'lio charges were against Ellen Boyd and Francis E. Green, each of whom was allege'd to have sold stale milk without informing the purchaser of this fact. Tho evidence had shown that tho milk sold was well above tho standard in butter-fat, and really good milk in every other respect, but was not fresh and in such a state as to be unfit for human consumption, and dangerous for children. Commenting on tho suggestion of counsel for defence that even admittedly fresh milk might show signs of acidity in cortain cases, the Magistrate said that this was admitted by tho Government Analyst, but the conditions suggested by counsel did not arise or affect the result of the analysis. The Magistrate, continuing, remarked that transport and delivery of the milk had nothing to do with tho charges as laid. All that was necessary for tho prosecution to establish was whother tne milk at tho time of tho sale was sour and unfit for sale to the public. The prosecution had clearly established this. The Magistrate stated that be had carefully looked into and considered several authorities as to whether defendants should bo convicted, and could come to no other conclusion but that the decisions thereunder cloarly established that though the defendants might bo morally innocent, and had no means of protecting themselves or of knowing that the milk had become impure, still they wero liable, and if tho milk was impure through being stale, then it was an offence to sell it. "The Act was passed for the protection of the public," said His Worship, "and for that reason is no doubt drastic in its measures, and its provisions may in some cases possibly impose hardship, but it is quite clear to my mind that the intention is that anyone who sells milk should bo absolutely responsible for the state in which it reaches the purohaser. and the absence of mens rea cannot be put forward as a defence." In Section 12 of the Act, however, said His Worship, thers was an exception provided, and that was "unless the vendor fully informs the purchaser at the time of the sale of the nature of the adulteration." In the case against Green, he admittedly did not give any information as to the condition of the milk at the time it was purchased by the inspector, and ho. must therefore bo convicted. In the case of Boyd (for whom Mr. H. F. O'Leary appeared), the Magistrate upheld counsel's contention that as defendant had informed the inspector that the milk was not fresh, she had complied with the Act. The information against her would be dismissed. In regard to Green's case, a fine of £2, with costs £1 18s. 6d., was imposed. Mr. A. W. Blair appeared for Green.