SHORT WEIGHT BUTTER.

Hawera Star, Volume XLVI, 16 September 1926, Page 10

SHORT WEIGHT BUTTER.

DAIRY COMPANIES CHARGED,

HAWERA COURT PROCEEDINGS

The responsibility under the Si*,!c of Food and Drugs Act, of vendors of foodstuffs for ensuring that foodstuffs offered for sale' contain the weight as represented by the package labels was given pointed emphasis in the Magistrate's Court At Hawera to-day, when lines were inflicted on two daily companies of the’district for breaches of tire Act in connection with the sale of butter. Tire eases, were heard .by Mr J. S. Barton. S.M., and the prosecution in each instance was'conducted by Sergt. Henry. The first charge preferred was that against the Pfihaina Co-operative Dairy Co.. Ltd., for whom Mr P. O’Daa pleaded .guilty of having sold butter bearing a label giving e false statement as to its weight on July -6. In this case it was pointed out that though the circumstances which resulted in the prosecution had been the sale of underweight butter by Messrs G. R. Horsburgh aud Son,, grocers, of Raweia, no action was taken against that firm, asy it had 'been supplied witli a written warranty a& to the weight of the butter by' the Ptliama Co., as manufActurers. The details were related by Sergt. Kenrv, who stated that the health inspector, Mr F. G. Coleman, had purchased butter in packages which contained 'ess than the: pound avoirdupois represented by the label,. One lot, alleged to be a pound in weight, showed a shortage of lour drams, while a lot of six -alleged pounds weighed together showed a shortage of an ounce. The sergeant pointed out t-hct four drams shortage in one uound was equal to 12-} ounces' in fifty' pounds. At Is 6d a pound, tiie shortage on a ton would he equal to £2 7*l 6d. In the, case of the shortage on the six pounds, the proportionate value per ton wits £1 14s 6d. Alexander. F. Nielson, manager of the factory, told the court that for the purpose’s of local trade which recently commenced in butter, the company had secured a certain scale weighing up to 200 lbs. The scales had appeared accurate, and he had been surprised to hear from the inspector that the weight of certain- butter soldi was incorrectly given, on the. package. It was then found that the scale was not sufficiently delicate to weigh one pound exactly. The system had been to weigh every other pound, the butter, .in oblong shape, being cut to a, certain length. Oni ascertaining that the. weight was incorrect, the company had immediately taken steps to. remedy the matter, and now each pound was weighed. ‘•I am satisfied there has been no intent on the part of the company to defraud the public, but the public must be protected against the possibility of dishonesty bv vendors of such foodstuffs, a.nd; the onus of correctly representing the miinimum weight must rest with, the vendor,” said the magistrAte. .Ho added that the company had •apparently been at fault *n Tailing to provide scales of the required exactitude, and inflicted a. fine of £3 and costs. Similar proceedings were taken against the Waimate Plains Dairy Company, which was charged with having sold butter bearing labels giving a false statement as to weight to Edward O’ReilW on Julv 21 j Aidsing out of the sanaa circumstances, Edward O’Reillv. grocer, of HawerA, was charged with retailing the short-weight butter on July 29.

Mr H L. Spratt, who represented the company, pleaded not guilty. Evidence of the purchase from defendant. OTieiL'y. of butter supplied by the Waimate Plains Dairy Compr.ny of less than the weight shown on the package was given bv Inspector Coleman. One pound weighed showed a deficiency of three drams. It, was, then weighed with five other pounds Add the whole showed a deficiency of . half an ounce.

Replying to Mr Spratt, witness said that an analysis of the butter showed it to be Ni accordance with the standard. On the same da" a sample of the same brand of butter procured in another shon was over the correct weight. In compliance with counsel’s request, the scalds used by tlie. inspector were produced. Counsel then raised a doubt, as to their accuracy, its a perfect balance was. not shown. After testing the scales with the weights, the magistrate! remarked that such. a. thing as, a perfect balance was unknown, to science, and the scales appeared sufficiently reliable to weigh, to the differences mentioned by witness. /

EVAPORATION OF MOISTURE,.

Questioned concerning the evaporation of moisture from the butter, witness said it had been iii the shop for 10 days. An experiment carried! out nv his" department with 26lbs of butter exposed to the air for 26 days and turned a quarter turn daily, showed an average lessening of weight of 5.61 clra ms per pound. The first day showed an Average depreciation of .2 drams per pound, and the first week showed in average depreciation of 2.15 drains, the second week 1.23 drams, and the third week 1.07 d rams, respectively. A drought and warm weather would promote the ,’oss of moisture. "Witness had frequently weighed butter .supplied, by this company, and had 'found it either the correct weight or over-weight. Laurence H. Cjapham, secretary .of the company, gave evidence as to the division of the butter in pounds at the factory, the packages being cut to a jci tain length by wires after the butter had been freed through rectangular ports. The first six pounds of each batch were tested for weight, and, the cutting wires were adjusted accordingly. Explaining the system of testing, he shoved that over 50 per cent, of the whole was weighed. Each pound was usua Jy approximately a dram overweight, while the boxes containing! 48 pounds weighed on an average 49 poti.n<is. The i'egixltions- allowed for a moisture content of 16 per cent., but at tins period the moisture content of the company’s butter was 15.5 per cent.

Replying to Sergt. Henry, witness said the scales used at the faptory had been tested two years ago. When witness concluded, the magistrate remarked that the company charged carder in the day had now adopted the practice of weighing every pound. “The vendor puts hotter out in pounds for sale as such to his customers. If the company decides .not to apply the test to every pound it runs the risk of it being underweight or overweight. I am satisfied that white no dishonesty may have been intended, the company lias not exercised sufficient care to ensure the correct weight. As there is an .absolute liability on the company to show the .correct weight, they must be convicted,” said 1 the magistrate, iii summing up the evir deuce..

He added he would take into account the inspector’s evidence as to the butter usually being correct, .and the evidence as to the use Of suitable scales and the amount usually weighed. The company was fined £1 and costs. - The charge against O’Reilly was then withdrawn.