FRUIT OR SWEETS?

Waikato Times, Volume 127, Issue 21229, 27 September 1940, Page 8

FRUIT OR SWEETS?

BUSINESS DEFINITION CLOSING HOURS AT ISSUE MAGISTRATE’S COURT ACTION The question of whether a shop in Claudelands should be classed as a fruit shop or a confectionery business occupied the attention of the Magistrate’s Court, Hamilton, today. Before Mr S. L. Paterson, S.M., the inspector of factories, Mr F. W. Ashby, proceeded against Alexander Jackson, described as a fruiterer, confectioner and dairy produce seller (Mr A. L. Tompkins) for keeping his shop open later than 6 p.m. The offence took place on April 30. After hearing considerable evidence, the magistrate imposed a penalty of 10s and costs. It was admitted, said Mr Ashby, that in the business conducted by Jackson the comparative half-yearly turn-overs for the different lines were as follows:—Fruit and vegetables, £360 5s sd; confectionery, £267 3s; bread, £IOO 19s 4d; butter, £IOO Is 3d; milk, £B9 2s 3d; eggs, £7l 7s Id; solf drinks, £B7; icecreams, £SB 0s 3d. A notice in the New Zealand Gazette required occupiers of fruit shops to close at 6 p.m. on week nights, but on April 30 last Jackson had his shop open after that time. Defendant also admitted that, but the point at issue was the types of goods which would class a man as a fruiterer or a confectioner. Hamilton Fruit Shops On investigating the shops in Hamilton, continued Mr Ashby, he found that of the 26 fruit shops 19 were conducted by Europeans, five by Chinese and two by Hindus. They all sold soft drinks as part of their business, and some had confectionery as a sideline. According to the regulations a fruiterer meant a person whose business was to sell fruit other than jams or preserves, and a confectioner was one who sold confectionery or sweetmeats. All of the fruiterers in Hamilton sold, as part of their business, soft drinks which purported to contain lemon, passionfruit, orange, lime juice and othei ingredients close to the business of a fruiterer. There should not be much difficulty in deciding that such drinks were not confectionery, but fell into a fruiterer’s line. Ice-creams could not be classed as confectionery, for according to the health regulations they were a foodstuff. Confectionery, according to the dictionary, was a preparation the main constituent of which was sugar, but about 80 per cent of the ice-cream was milk or cream. In Jackson’s business the largest individual item sold was under the heading of fruit and vegetables and he should close his shop in accordance with the regulations. He was essentially a fruiterer. Manufactured Preparations It should be asked, said Mr Tompkins, what were the goods usually sold by a confectioner and what were those sold by a fruiterer. Soft drinks and ice-creams should be included in the class of confectionery rather than fruit and vegetables. They were both manufactured preparations which went through several processes before reaching the consumer. Cake could be classed as a confection, while bread, butter, milk and eggs were also usually associated with confectionery shops. In Jackson’s shop the volume of fruit and vegetables was much less than that of other parts of the business. Of the total turn-over, said Mr Tompkins, fruit and vegetables accounted for 31.7 per cent, confectionery for 23.56 per cent, bread 8.82 per cent, butter 8.82 per cent, milk 7.85 per cent, eggs, 6.26 per cent, soft drinks, 7.68 per cent and icecreams, 5.12 per cent. If Jackson were classed as a fruiterer on account of that 31.7 per cent he would be unfairly penalised and would be prevented from selling the other 70 per cent of his goods for the longer hours. Even if soft drinks were included in fruit, it would amount to only 39.38 per cent. Cross-examined by Mr Ashby, defendant admitted that in the electoral roll he was described as a fruiterer. The magistrate held that on the evidence Jackson should be classed as a fruiterer and that an offence haii bean cumniiind.