The sanitary inspector's handbook / by Albert Taylor.

  • Taylor, Albert.
Date:
1905
Catalogue details

Licence: In copyright

Credit: The sanitary inspector's handbook / by Albert Taylor. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

    424/494 (page 408)
    Section 19 of the new Act deals with procedure and replaces (with some modifications) Section 10 of the Sale of. Food and Drugs Act Amendment) Act, 1879, which Section is repealed by the present Act It IS as follows:— i9.-(i) When any article of food or drug has been purchased from any person for test purposes, any prosecution under the Sale of Food and Drugs Acts in respect of the sale thereof, notwithstanding anything contained in Section 20 of the Sale of Food and Drugs Act, 1875, shall not be instituted after the expiration of twenty-eight days from the time ol the purchase. (2) In any prosecution under the Sale of Food and Drugs Acts the summons shall state particulars of the offence or offences alleged, and also the name of the prosecutor, and shall not be made returnable in less time than fourteen days from the day on which it is served, and there must be served therewith a copy of any analyst's certificate obtained on behalf of the prosecutor. It is to be observed that Sub-section (i) of the above Section applies only to prosecutions in respect of sales; it does not apply, e.g to prosecutions for the giving of a false warranty (see Cook v. White (i8g6) I Q.B. 284; 65 L.J.M.C. 46, where this point was decided with reference to Section 10 of the Act of 1879). It is to be noted also that the Sub-section is not limited (as was Section 10 of the Act of 1879) to perishable articles. In Sub-section (2), which applies to all prosecutions under the Sale of Food and Drugs Acts, the extension to fourteen days of the period of seven days specified in Section 10 of the Act of 1879 for the return of the summons should be noted, and also the provision as to service of a copy of the analyst's certificate. Use of Warranty or Invoice as a Defence. The important provisions, embodied in Section 20 of the new Act, relating to the use of a warranty or invoice as a defence, call for par- ticular attention, and should be read in conjunction with Section 25 of the Sale of Food and Drugs Act, 1875, and Section 7 of the Margarine Act, 1887. Section 20 (i) provides that a warranty or invoice shall not be avail-