ALLEGED ADULTERATION OF MILK

Dominion, Volume 12, Issue 9, 5 October 1918, Page 2

ALLEGED ADULTERATION OF MILK

The City Milk Supply, Ltd., was charged in the Magistrate's Court yesterday afternoon, before Mr. F. V. Frazer, S.M., on two informations, under tho Sale of Food and Drugs Act, with (1) selijiig milk containing, 8 per. cent, of added water, aud (2) failing to inform tho. purchaser , of,the adulteration . : '.■ ■'■;. .- •■■■ . Mr. J. Piondevillej "of the Crown Law Office, appeared'for.- , the, prosecution, and''Mr. SI. Myers represented the defendant .firm. Inspector I l '. W. Rawlinson said that the sample which showed the: added water was obtained from the company's dairy in Elizabeth Street. For the defence; it was contended that no better, practical test than the lactometer and Dabcock tests carried out. by the defendants was available. The analyst had applied a freezing tost, and,it was by this means that the adulteration was discovered. The company could give no explanation as to how tho water fpimd its way into the milk. It was further contended that tlio prosecution could not succeed, as the sealing of tho three, sample bottles was not satisfactory, and the contents of the bottles could have been tampered with, without damage to (he seals. Sydney Gerald Cole, managing director of tiie company, stated that a. portion of tho sample taken was returned to him in a sealed bottle. He was able to empty out the mill; and wash the bottle out without -interfering materially with tho seals. He had had the milk tested'by the firm's tests, and found it a littlo below the analyst's finding. '- In answer to Mr. Prendeville witness said he was prepared to swoar all the milk was pasteurised at tho time, the sample was taken. Mr. Prendeville: What would you fay if the analyst is prepared to swear th'n.t this sample was not pasteurised? The Magistrate: Water has found its way into the milk some time after tlio testing, and before tho sample was taken. How do you account for that?

Witness: I don't know. It is beyond mo.

Mr. M.ve-rs, in addrosing tho Court, stressed the point Hint ho niiulo no suggestions as to the tampering will; tho'seals,' and stated.that in point of law. the information (mould ho dismissed, as the bottles had not been scaled as required by the Act. The Magistrate held that. the instructions regarding scaling and fastening must ho construed in a reasoiwblo. manner. The fact that il was possible to manipulate- tho fastenings in such a way that the contents could be. extracted did not uphold the point raised. Ho was 'quito prepared to boliovo thiit tho milk was all tested, and then found to he up to standard, l'rohablv the mill; vai brought without authority from elsewhere than the compnuy's factory. In view of the circumstances, he woiild not impose a severe penalty. Tho defendant company was fined £2, and ordored to pay costs, Vs. 6d., on tho first charge, and tho second charge was withdrawn