LOW TEST MILK

Rotorua Morning Post, Volume 1, Issue 25, 22 September 1931, Page 3

LOW TEST MILK

ROTORUA MILK VENDOR PROSECUTED AND FINED A Rotorua milkman, Selwyn Douglas Russell, was yesterday fined £2 ! and convicted on a charge of selling milk below the butterfat test prescribed by the regulations. Sergeant Harvey, for the Department, said that when the inspector had taken a sample of milk sold by Russell and submitted it for analysis, it had been found that the butterfat test was only 2.20 whereas the minimum test laid down by the regulations was 3.25. Mr. E. Roe, who appeared for Russell, said that he was instructed that it was the practice among milkman in Rotorua to use a long rod with a disc on the end for stirring the milk and preventing the cream from rising to the top. On the morning, the test was taken, however, Russell was using a different shaped can which would not permit this rod and disc to be used. The inspector had takenthe test when the milk had not been stirred in the usual way, and he had since agreed that this was a feasible explanation for the low test. Milk sold by the defendant had been tested on a number of other occasions and had been found to be quite satisfactory. Russell had been in business as a milk vendor for the past eight years and had never previously been convicted of selling milk below quality. This was not a case where water had been added or the milk was dirty, and could therefore, counsel submitted, be treated leniently. Mr. Roe also made . application for the suppression of defendant's name.. The Magistrate said that Russell was not liable to imprisonment under the charge, and therefore the regulations regarding the supression of names did not apply. He was satisfied that the explanation made by the defendant was reasonable, but there was an onus upon milk vendors to ensure that their product was up to the proper standard. In cases such as this, it was customary to inflict a substantial penalty, but he thought that in this case, a fine of £2would he reasonable.