Every penalty imposed and recovered under this Act (10) Every penalty imposed by this Act may be reduced or A.D. 1875. Interpretation The term county' shall include a county of a city and The term 'treasurer of the county' shall include any 35. This Act shall commence on the first day of October Commenceone thousand eight hundred and seventy-five. ment of the Act. A.D. 1875. Title of the 36. This Act may be cited as 'The Sale of Food and Drugs for analysis (which then weighed‡ I am of opinion that the same is a sample of genuine or, I am of opinion that the said sample contained the parts as under, or the percentages of foreign ingredients as under. * Here insert the name of the person submitting the article for analysis. Here insert the name of the person delivering the sample. When the article cannot be conveniently weighed, this passage may be erased, or the blank may be left unfilled. § Here the analyst may insert at his discretion his opinion as to whether the mixture (if any) was for the purpose of rendering the article portable or palatable, or of preserving it, or of improving the appearance, or was unavoidable, and may state whether in excess of what is ordinary, or otherwise, and whether the ingredients or materials mixed are or are not injurious to health. In the case of a certificate regarding milk, butter, or any article liable to decomposition, the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis. SALE OF FOOD AND DRUGS ACT AMENDMENT [42 and 43 Vict. Chap. 30.] AN ACT TO AMEND THE SALE OF FOOD AND DRUGS ACT, 1875. (21st July 1879.) A.D. 1879. c. 63. WHEREAS conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of section six of the Sale of Food and Drugs Act, 1875, in this Act referred 38 & 39 Vict. to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the Sale of Short title. Food and Drugs Act Amendment Act, 1879. adulterated articles no 2. In any prosecution under the provisions of the principal In sale of Act for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and defence to allege purchase quality of the article demanded by such purchaser, it shall be for analysis. no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all three respects. "constable may 3. Any medical officer of health, inspector of nuisances, or Officer, ininspector of weights and measures, or any inspector of a market, Spector, or or any police constable under the direction and at the cost of obtain a sample of milk the local authority appointing such officer, inspector, or con- at the place of stable, or charged with the execution of this Act, may procure submit to delivery to at the place of delivery any sample of any milk in course of analyst. delivery to the purchaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk; A.D. 1879. Penalty for milk for analysis. and such officer, inspector, or constable, if he suspect the same to have been sold contrary to any of the provisions of the principal Act, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken, and penalties on conviction be enforced in like manner in all respects as if such officer, inspector, or constable had purchased the same from the seller or consignor under section thirteen of the principal Act. 4. The seller or consignor or any person or persons intrusted refusal to give by him for the time being with the charge of such milk, if he shall refuse to allow such officer, inspector, or constable to take the quantity which such officer, inspector, or constable shall require for the purpose of analysis, shall be liable to a penalty not exceeding ten pounds. Extension of Act as to sale in streets, etc. Reduction allowed to the extent of 25 proof for 5. Any street or open place of public resort shall be held to come within the meaning of section seventeen of the principal Act. 6. In determining whether an offence has been committed under section six of the said Act by selling, to the prejudice of degrees under the purchaser, spirits not adulterated otherwise than by the brandy, admixture of water, it shall be a good defence to prove that and 35 degrees' such admixture has not reduced the spirit more than twentyfive degrees under proof for brandy, whisky, or rum, or thirtyfive degrees under proof for gin. whisky, or rum, for gin. Extension of Quarter sessions 7. Every liberty having a separate court of quarter sessions, except a liberty of a cinque port, shall be deemed to be a county within the meaning of the said Act. 8. The town council of any borough having a separate court of quarter sessions shall be exempt from contributing towards the expenses incurred in the execution of the principal Act in respect to the county within which such borough is situate, and the treasurer of the county shall exclude the expenses so incurred from the account required by section one hundred and 5 and 6 W. IV. seventeen of the Municipal Corporation Act, 1835, to be sent by him to such town council. c. 76. Provision for 9. The town council of any borough having under any boroughs with separate police. general or local Act of Parliament, or otherwise, a separate police establishment, and being liable to be assessed to the county rate of the county within which the borough is situate, shall be paid by the Justices of such county the proportionate amount contributed towards the expenses incurred by the county in the execution of the principal Act by the several parishes and parts of parishes within such borough in respect of the rateable value of the property assessable therein, as ascertained by the valuation lists for the time being in force. A.D. 1879. vision as to 10. In all prosecutions under the principal Act, and not- Special prowithstanding the provisions of section twenty of the said Act, time for prothe summons to appear before the magistrates shall be served ceedings." upon the person charged with violating the provisions of the said Act within a reasonable time, and in the case of a perishable article not exceeding twenty-eight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in contravention to the terms of the principal Act the seller is rendered liable to prosecution, and particulars of the offence or offences against the said Act of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned. MARGARINE ACT, 1887 [50 and 51 Vict. Chap. 29.] AN ACT FOR THE BETTER PREVENTION OF THE FRAUDULENT WHEREAS it is expedient that further provision should be made for protecting the public against the sale as butter of substances made in imitation of butter, as well as of butter mixed with any such substances: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords A.D. 1887. |