Sale of Food and Drugs Act, 1899

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Precautions against importation of agricultural and other produce insufficiently marked.

39 & 40 Vict. c. 36.

1.[²] —(1) If there is imported into the United Kingdom any of the following articles, namely:—

(a) margarine or margarine-cheese, except in packages conspicuously marked “Margarine” or “Margarine-cheese,” as the case may require; or

(b) . . . . adulterated or impoverished milk or cream, except in packages or cans conspicuously marked with a name or description indicating that the . . . . milk or cream has been so treated; or

(c) condensed separated or skimmed milk, except in tins or other receptacles which bear a label whereon the words “Machine-skimmed Milk” or “Skimmed Milk,” as the case may require, are printed in large and legible type; or

(d) any adulterated or impoverished article of food to which Her Majesty may by Order in Council direct that this section shall be applied, unless the same be imported in packages or receptacles conspicuously marked with a name or description indicating that the article has been so treated;

[¹ (e) butter containing more than sixteen per cent. of water;

(f) margarine containing more than sixteen per cent. of water, or more than ten per cent. of butter fat;

(g) milk-blended butter containing more than twenty-four per cent. of water;

(h) milk-blended butter, except in packages conspicuously marked with such name as may be approved by the Board of Agriculture and Fisheries for the purpose;

(i) butter, margarine, or milk-blended butter which contains a preservative prohibited by any regulation made under this Act, or an amount of a preservative in excess of the limit allowed by any such regulation]

the importer shall be liable, on summary conviction, for the first offence to a fine not exceeding twenty pounds, for the second offence to a fine not exceeding fifty pounds, and for any subsequent offence to a fine not exceeding one hundred pounds.

(2) The word “importer” shall include any person who, whether as owner, consignor, or consignee, agent, or broker, is in possession of, or in anywise entitled to the custody or control of, the article; prosecutions for offences under this section shall be undertaken by the [²] Commissioners of Customs; and subject to the provisions of this Act this section shall have effect as if it were part of the Customs Consolidation Act, 1876.

(3) The Commissioners of Customs shall, in accordance with directions given by the Treasury after consultation with the [³] Board of Agriculture, take such samples of consignments of imported articles of food as may be necessary for the enforcement of the foregoing provisions of this section.

(4) Where the Commissioners of Customs take a sample of any consignment in pursuance of such directions they shall divide it into not less than three parts, and send one part to the importer and one part to the principal chemist of the Government laboratories, and retain one part.

(5) In any proceeding under this section the certificate of the principal chemist of the result of the analysis shall be sufficient evidence of the facts therein stated, unless the defendant require that the person who made the analysis be called as a witness.

(6) If, in any case, the Commissioners of Customs are of opinion that an offence against this section has been committed, they shall communicate to the Board of Agriculture for their information the name of the importer and such other facts as they possess or may obtain as to the destination of the consignment.

(7) For the purposes of this section an article of food shall be deemed to be adulterated or impoverished if it has been mixed with any other substance, or if any part of it has been abstracted so as in either case to affect injuriously its quality, substance, or nature.

Provided that an article of food shall not be deemed to be adulterated by reason only of the addition of any preservative or colouring matter of such a nature and in such quantity as not to render the article injurious to health.

[² Amended by 7 Edw. 7. c. 21, s. 5. See that section.]

[¹ Words in brackets added 7 Edw. 7. c. 21, s. 5 (1).]

[² Now styled Commissioners of Customs and Excise. See Stat. Rules and Orders, 1909, No. 197.]

[³ Now styled the Board of Agriculture and Fisheries; see 3 Edw. 7 c. 31. s. 1(1).]