SHORT-WEIGHT BUTTER

New Zealand Times, Volume XLII, Issue 9718, 21 July 1917, Page 3

SHORT-WEIGHT BUTTER

WAS EVAPORATION THE CAUSE? “FALSE AND MISLEADING STATEMENT” ALLEGED. A case was heard yesterday afternoon by Mr S. E. McCarthy, &.M., in which Joseph Nathan and Co., Ltd., were proceeded against for selling to ”\V. Campbell butter bearing the false and misleading statement chat the weight was one pound, whereas the true weight was looz lldre. Mr’P. S. K. Macassey, who appeared for the department, said that the information was laid under section twelve sub-section two of the Pure Food and Drugs Aft. On January Bth last IV. Campbell, grocer, of Manners street, had a parcel of Defiance butter delivered to him from Joseph Nathan and Co. and on the 10th Inspector Cawdray purchased one pound of the butter, which, when weighed, was found to bo ICoz lldrs, instead of ICoz. The law allows for a loss of 5 per cent, in a package provided live others weighed in conjunction make up the lose, and in order to further test the weight, the inspector put the short-weighted pound on the scale with five other pounds, and found that the total weight of the six pounds was olb 14oz 3drs. It would he shown, continued counsel, that the loss could not be duo to evaporation, as tests proved that the loss by this cause would take twenty-six day' t s. Tho onus was on the defendants to show that they had taken all reasonable precautions to prevent a breach of tho Act.

Inspector Cawdray stated that ho purchased the butter on the date named. The package was labelled '‘Defiance,” and stated that it was one pound net. The butter "’as weighed on Mr Campbell’s scales, and was found to be under a pound. Witness then weighed the butter on his own scales, and the weight was shown to be 15oz lldrs. Five other pounds of butter were then put on the scales, making six in all, and the weight shown was 61b 14oz 3drs. The scales were tested before and after weighing the butter. A number of tests were taken in order to ascertain the loss sustained by butter by evaporation. These disclosed that during the first week the loss by evaporation per pound was 2.6ldrs, for the second week I.23drs, and for the third week I.o7drs. Over a period of 20 days the loss by evaporation per pound was s.6drs. The condition of the atmosphere at the time the tests were taken was a factor that had to he considered. Low humidity meant a greater loss by evaporation. The tests were taken in January. Tile loss by evaporation of a pound of “Defiance” butter tested was, during the first week, 3 drams; it remained stationary during the second, and lost one dram in the third. For twenty-six weeks tho loss was 5 drams.

William Campbell, grocer, Manners street, said ho purchased 481 bof Defiance butter on January Bth last. The butter was kept in tho hottest part of the shop for convenience, and during the summer months it was subjected to the heat of the sun in the earlier part of the morning. Butter was delivered to tho, simp daily. GVIr M. Myers, for the defendants', said there there was a technical defence open, but ho did not intend to make use of it. Defendants were charged with selling one pound of butter which wa s not a fact, as they sold 481 b. lie did not desire to put forward a technical defence of this nature, however, .as the defendants wore anxious that all the facts should ho gone into, when it would bo shown that every reasonable and feasible precaution was taken before tho butter loft the factory that it was not only full weight, but above it. Counsel said that ' Inspector Cawdray had. given his evidence very fairly, and it was reasonable to suppose that the loss on the one pound of butter that was the subject of the action was due to evapora- : tion through being placed in Mr Campboil’s promises, where it would ho affected by the heat of the sun on fine days. After explaining the methods of treating bulk butter at the factory Mr Myers said that while a box of butter nominally contained 661 b, it in reality contained 56i to 56|lh; the extra weight being put in to provide for any possible loss through evaporation. After hearing the evidence for the defence His Worship reserved his decision.