ICE-CREAM CONTENT

Manawatu Standard, Volume LXV, Issue 134, 8 May 1945, Page 10

ICE-CREAM CONTENT

FIRM CHARGED. A charge of selling ice-cream which contained more than 8£ per cent, of milk fat was preferred against Adams Bruce, Ltd., in the Magistrate’s Court yesterday before Mr H. P. Lowry, S.M. Mr C. E. Scott, of 'Wellington, appeared for defendants, who pleaded not guilty. Sergeant Jackson said the prosecution was taken under the Sale of Poods and Drugs Act. Section 61 set out the component parts of ice-cream. The amended regulations set out that the percentage of milk fat content must be not less than 8 per cent, and not more than 8j- per cent. In the icecream which was the subject of the prosecution the content was 14.5' per cent. The company had. been warned some months earlier about the .matter, but continued to make the ice-cream with that content.

S. B. Reed, an officer of the Health Department, gave evidence of purchasing the ice-cream. 11. W. Reid, managing-director of the company, said that an attempt was always made, prior to the coming into force of the regulations, to have 18 per cent, of milk, fat in their icc-croam. The regulations provided for not less than 10 per cont. The normal percentage of milk- fat in ice-cream produced by other manufacturers was 12 per cent. In 1943 his company reduced the content to 15 per cent. It was practically impossible to get within i per cent, of the regulations and it was the policy of the company to make a high standard of product. The company had endeavoured' to get the content down to 8i per cent. If the milk fat content wore reduced from 15 to 8j- per cent, the nutritive value of the product would be greatly reduced. In reply to Sergeant Jackson, witness admitted that the company had been warned about the matter by the department. Sugar rationing controlled the amount of sugar that could be used in the manufacture of ice-cream, in addition to the amount of milk fat.

Mr Scott submitted that the regulations were invalid. It was. he said, a most extraordinary state of affairs to have a prosecution based on the ground that the product. was too good—too nutritive—and that such a prosecution was based on the Health Act struck ono as anomalous. The rationing of sugar, cream and butter wore all in force prior to the amendments being made, so that the company was limited regarding the ingredients of ice-cream before the regulations were passed. Ilis legal submissions were that the Regulation 61 ',l) was invalid in so far as it purported to reduce the nutritive quality of a food, and that the amendment to the regulation made under the Emergency Regulations. was irrelevant. The whole of the Emergency Regulations made no difference to the first submission. The object of the Act was to protect the public from inferior, underweight food or dangerous drugs.

Mr La wry pointed out that the main hurdle to be considered was the effect of the Emergency Regulations. Decision was reserved.

London. —Defence notices on security concerning the European war will end automatically when Y-Day is declared. Now notices "will become operative for the war against Japan.