ADULTERATED MILK

Southland Times, Issue 20527, 2 July 1928, Page 8

ADULTERATED MILK

UNUSUAL FEATURES IN CASE. (Per United Press Association.) Wellington, June 29. Unusual features marked a case in the Magistrate’s Court to-day when Gilbert Hamilton McMeeking was charged with selling adulterated milk. Defendant stated that the sample was taken on May 8 and that he did not take over control of the farm until May 13 although he had received profits of the sale of milk for three days prior to the sample being taken. On May 8 he was learning the round and it was not until he took over the farm that he learned the cooler was defective.

The Magistrate: It seems to me that in law there has been a breach of the Statute because milk was sold which did not comply with the standard. Defendant came within the meaning of section 7 of the Sale of Food and Drugs Act 1924 in that he was a person who not being the owner was in possession of food with the concurrence of the owner and should be deemed to be an agent of the owner as if he were in fact such agent. “But 1 think all the merits are in favour of defendant. He agreed to buy the farm but was not in fact in control of it. It seems to me it would be a hardship to convict defendant and I do not propose to inflict that hardship upon him.” The charge was dismissed.