WATER IN MILK

Dominion, Volume 30, Issue 259, 29 July 1937, Page 15

WATER IN MILK

Petone Vendor Prosecuted DECISION RESERVED Twenty per cent, of water was found in a sample of milk taken from the yard of Edward Caley, milk vendor, Petone, stated Senior-Sergeant 11. C. D. M ade, when Caley was charged in the Magistrate’s Court, Petone, yesterday with selling milk which did not comply with the set standard. The milk was in one of eight cans delivered to Caley’s yard by the Wellington Dairy-farmers’ Association straight from the farm source of supply, and, according to the evidence, had not at the time the sample was taken yet been handled by Caley or his employees. Mr. H. P. Lawry, S.M., reserved his decision, saying that the matter was. one of importance. There was no suggestion of Caley being a party to the addition of water to the milk. Whether Caley could claim the benefit of the precautions taken by the association was a matter he would like to look into. On behalf of Caley, Mr. O. C. Mazengarb said he had been 20 years iu busiiness at Petone, in which period hundreds of samples had been taken by the borough inspector and the quality of his milk had not been challenged. Caley received 300 to 400 gallons of milk daily and paid £7OO to £BOO monthly to the Wellington Dairy-farmers’ Association, from which he made his purchases. He had a wellequipped dairy for tile reception and hot- ' tling of the milk for distribution. Au association delivery lorry left eight cans of milk in Caley’s yard one morning. Before Caley had removed the milk into Ins dairy an "inspector came and took a sample from one of the cans. The milk had not been touched by Caley or his em plovees; as it was winter there was no hurry to put i’: in the cooler. Caley relied as he submitted he was entitled to, on the steps taken by the association to test the milk supplied to him. He submitted that Caley had taken all reasonable steps to ascertain that the eale ot the milk did not constitute an offence. The magistrate said that one way to do this was to get an indemnity from the association. ■yir Mazengarb said there was no indemnity under Caley’s agreement with the association, and he submitted that Caley was entitled to rely on the steps taken by the association to ensure purity ot supply. The association took at least four samples of each supplier’s milk every 10 davs. The association delivered about 500,000 gallons of milk annually, and this was only the second occasion in 10 years that any question of purity had arisen. Knowing the steps taken by the association, was it reasonable to expect Caley to do anything between the time the milk was delivered at his yard and it was bottled? , ~ . There was a vicarious liability on caiey for all the milk he sold; the question of culpability only entered into it on a matter of penalty, said the magistrate. In many instances vendors took tests of the milk supplied to them and kept a record of these. Caley, however, had not done anything.

Defendant's Clean Record. Caley had a clean record with the department, said Stanley Phillip Bushman, Health Department inspector. There was no appearance of recent disturbance ot the milk when the sample was taken. James Joseph Maher, dairy-farmer, chairman of directors of the Wellington Dairy-farmers’ Association, said his association handled 8000 gallons of milk daily. It had a special laboratory and officers engaged in testing. The sources of pioduction were clean and, pure; not like thev were 15 to 20 years ago. The association took the same precaution as .were adopted by the Wellington City Corporation’s milk supply, blit gave no indemnity. Donald Soulless, manager of the Wellington Dairy-farmers’ Association, said inilk was delivered straight from farmers to vendors. Samples were taken at the farm gate or on arrival at the Lower Hutt depot. Generally at least four samples were taken every 10 days from each supplier. The guarantee to vendors was to supply pure milk, and every precaution was taken to see the guarantee was made good. An endeavour was made to ascertain the source of the particular can from which the sample was taken at Caley’s, but without success. Charles Cunningham, overseer driver employed by the Wellington Dairy-farm-ers’ Association, said the milk was traced down to one of five farms. There was no reason to suspect that the three Hutt Valley drivers, two of whom were, his sons, would tamper with the milk. They were well paid and had neither time nor cause to interfere with the milk. Matthew Rosebery Allister and James Campbell, roundsmen employed by Caley, gave evidence. Campbell said frequent samples were taken of Caley’s milk. He had known departmental officers to come to his cart to take samples and, on seeing the name on the cart, to go away without taking samples. Senior-Sergeant Wade said this was denied by Inspector Pushman.

Campbell: I don’t care whether it is denied or not. It is the truth. Campbell added that he did not suggest it was Inspector Pushman who did not take samples from his cart after feeing it was one of Caley’s. He had not seen him. until he took the sample concerned in the case.

Caley Said he had lost much sleep over the matter. Scores of samples had been taken of his milk in 20 years of business and none had been found below standard