DIRT IN MILK

Dominion, Volume 11, Issue 258, 19 July 1918, Page 7

DIRT IN MILK

AN APPEAL DISMISSED,

His Honour,tho' Chief Justice (Sir Itobert Stout) delivered tho judgment of tho Full Court in tho case between tho City Milk Supply, Ltd., appellant, mid ■I'V W. Uawlinsoii, inspector under tho Sale of Food and .Drugs Act. respondent. This was ;m appeal in fact and law from the decision of Mr. S. E. M'Cnrthy, S.M., who lined the appellants for belling milk containing dirt. Two questions were raised: (1) Is Uegulation 12, subsection 1, Part If ot Ihe regulations under the Sale of Food and Drugs Aat, 11108, made, on March.4, 1013, valid? (2) Has the appellant proved that it took all reasonable steps to ascortain that tho sale of the article would not constitutean alienee against the Act or against any regulalion or order under the Act?

Their Honours held that tho objection urged against the validity of the regulation that, no standard was (ixed so far as tho milk being clean was concerned could not, bo Hiistained. They hold that tho regulation was valid, and "that it had been violated by appellant selling milk as described in the evidence. The evidence showed that the milk sold to the respondent was not submitted to any proper test so far as cleanness .was. concerned; it was tested ■to ascertain tho quality of milk-fat. and us to there being water in the mill:, but not otherwise. It was, however, proved that the appellant's premises and receptacles for milk were kept scrupulously clean, and that the milk on. receipt was passed through sieves and muslin strainers. The dirt possibly became added after the milk left the appellant's premises, either by wind carrying it or otherwise. The appellant in 1 this case, however, had made no actual test to whether the milk was clean, and consequently it had brought itself within the thirteenth section. Tho Court was therefore of opinion that tho appeal must ho dismissed, and costs were ■fixed nl; £b ss.

' At tho hearing Mr. M. Myers appeared for tho appellant and Mr. .1. Trendoville, of tho Crown Law Office, for the respondent.