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4. If it be an imitation of, or be sold under the name of, another article.

B. In the case of drugs

1. If when retailed for medicinal purposes under a name recognised in the British Pharmacopoeia it be not equal in strength and purity to the standard laid down in that work.

2. If when sold under a name not recognised in the British Pharmacopoeia it differ materially from the standard laid down in approved works on Materia Medica, or the professed standard under which it is sold

Limits.-The following shall be deemed

been extracted put in the place of the real-e.g., tea mixed with spent leaves, &c.

4. A very small class, where the adulteration is really added with no fraudulent intent, but to enhance the quality of the goods sold-e.g., alum to bread, when added in small quantities. See BREAD.

The following is a list of the principal adulterations practised:

Name.

Aconitia.

Ale..........

limits for the respective articles referred Allspice....

to:

Milk shall contain not less than 9-0 per cent., by weight, of milk solids not fat, and not less than 2.5 per cent. of butter-fat.

Skim Milk shall contain not less than 90 per cent. by weight of milk solids not fat.

Butter shall contain not less than 80-0 per cent. of butter-fat.

Tea shall not contain more than 80 per cent, of mineral matter, calculated on the tea dried at 100° C., of which at least 3-0 per cent. shall be soluble in water, and the tea as sold shall yield at least 300 per cent. of extract.

Cocoa shall contain at least 20 per cent. of cocoafat.

Vinegar shall contain not less than 30 per cent. of acetic acid.

The practice of fraudulent adulteration has existed for ages. In our own country an enactment to prohibit adulteration was in force as early as 1267, and punishments for it were provided in 1581, 1604, 1836, 1851, &c. &c. Public attention was drawn to it in 1822 by Accum's "Death in the Pot ;" and in 1855 Dr. Hassall, an excellent microscopist, published his "Food and its Adulterations." Later, a variety of works by Letheby, Pavy, Hassall, Parkes, and others, on food, &c., have appeared, which, with the aid of the evidence brought before the Commissioners of the House of Commons, and the "Lancet" Sanitary Commission, have enabled the public to better appreciate the nutritive value of pure food, and the nature of some of the adulterations practised, and finally led to the important Adulteration Acts.

The sophistications may be divided into several distinct classes :

1. To give weight or volume, such as water added to batter; plaster-of-Paris to flour, &c.; red earths to annatto; sand to tea leaves, &c.; water to milk, &c. : all these, therefore, are substitutions of worthless or very cheap articles which take the place of the real.

2. To give a colour which either makes a good article more pleasing to the eye, or else disguises an inferior one-e.g., Prussian blue, black-lead, &c., to green teas; annatto to cheese, &c.; arsenite of copper to sweetmeats, &c.

3. Substitutions of a cheaper form of the article, or the same substance from which the strength has

Nature of Adulteration.
.With other alkaloids-e.g., del-

phinia, aconella, &c.

Common salt, Cocculus Indicus,

grains of paradise, quassia, and other bitters, sulphate of iron, alum, &c. .Mustard husks.

Anchovies............ Other fish and colouring-matters -e.g., Armenian bole, Venetian red, &c.

Annatto...............All sorts of starch, soap, red fer

Arrowroot...

ruginous earths, carbonate and
sulphate of lime, salts, &c.
Various other fecula, such as sago,
tapioca, potato, and others.
Balsam of copaiba Turpentine and fixed oils.
Beef (potted)......... Armenian bole.
Bismuth............... Carbonate of lead, sometimes
arsenic.

Bloaters (potted)... Armenian bole.
Brandy.
Bread...

Butter.............

Water, burnt sugar, &c.

..Potatoes (mashed), alum, inferior flour, &c. &c.

.Water, salt, colouring matter, lard, tallow, and other fats.

Cajuput oil...........Copper, camphor dissolved in oil of rosemary, and coloured with copper (as a substitute). .Coloured sulphate of baryta.

Calamine.

Calomel...............Sulphate of baryta, chalk, white precipitate, white-lead, pipeclay, &c. &c.

Calumba.

Camboge..

..........

Tinged bryony root, root of Frasera Walteri, and others. .Starch, &c.

Camphor..............A substitution of Borneo camphor has been made. Cantharides..

.Golden beetle, artificially-coloured glass, &c.

Carbonate of lead Sulphate of baryta, sulphate of lead, chalk, &c. &c.

neal

Carmine (cochi-Sulphate of baryta, boneblack, &c.
Cassia (senna)......Leaves of Solenostemma argel,
and other foreign leaves.
Castor oil............. Other oils, often small quantities

of croton oil,

Cayenne..............Ground rice, vermilion, Venetian red, turmeric.

Champagne..........

Cheese.........

Chicory................

Cider.......

..Gooseberry and other wines as a substitute, different colouringmatters, &c.

.Annatto, bole (Armenian), and other colouring-matters. Colouring-matters, such as ferruginous earths and burnt sugar, Venetian red, &c.; and different flours, such as wheat, rye, beans, &c.; and sometimes sawdust. Lead (as an impurity, not intentional).

Cigars..................Substitutions of hay and other

Cinnamon....

Claret...

rubbish, inferior tobaccoes, &c.

......Cassia, clove stalks, and different

Cloves.... Cocoa and chocolate.........

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Lime, carbonate of magnesia.

Magnesia carb......Lime, sulphate, &c. &c.

Marmalade..

Mercury.

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,, oxide of..... white

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precipitate of..) Milk..

Mustard..........

Myrrh............

Oatmeal...

Opium...

Apple or turnip pulp.

Lead, tin, zinc, bismuth, &c.

Red iodide of mercury.
Brick-dust, red-lead, &c.
Chalk, carbonate of lead, plaster-
of-Paris, &c. &c.
Water.

Turmeric. wheat flour.

.Gum bdellium, and other gum resins.

Barley flour, rubble. .....Stones, sand, clay, vegetable extracts, sugar, treacle, water, &c. Different roots substituted ....Linseed meal, different flours, mustard husks, &c. Pickles............. ...Salts of copper, acetate of copper, &c.

Pareira root.. Pepper.........

Porter and stout. Sugar, treacle, water, and salt. Potash.................Carbonate, sulphate, and chloride of potash, lime, iron, and alu

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acetate of....Sulphates and chlorides of potash.

carbonate of, Sulphates and chlorides of potash.

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dextrin, &c.

Ginseng, gillenia.

Leaves of Cyanchum argel.

....Sulphates of potash, soda, brandy, burnt sugar, &c.

Snuff....................Carbonate of ammonia, glass, sand, colouring-matters, &c.

Soda, bicarbo-Carbonate and sulphate of soda.

nate of....

Soda, carbonate of. Sulphate of soda. phosphate of, Phosphate of lime. Spices........... ..Colouring materials,

Squills Sugar..

Sulphur...

substitu

tious, and different flours. Wheat flour.

Sand, flour, &c.

..Sulphurous acid (as an impurity).

Sulphuric acid... ... Lead, water, arsenic, hydrochloric

acid.

Tapioca... ............Mixing inferior starches with the true tapioca.

Tea

.....................Sand, iron filings,* exhausted tea leaves, foreign leaves; and in

green teas, black-lead, Prussian blue, China clay.

Tobacco...............Sometimes inferior tobacco mixed with good, water; other adulterations rare.

Turmeric.............Yellow ochre, carbonate of soda or potash.

Uva ursi (bear- Leaves of red whortleberry and berry leaves)...) others. Vinegar...

...Sulphuric acid, and metallic impurities.

Wines..................Water, jerupiga, bitartrate of

potash, substitution of inferior wines, brandy, spirits, and

various other matters.

Zinc, oxide of.......Chalk, carbonate of magnesia. The Sale of Food and Drugs Act has now taken the place of several Acts passed during the present century to prevent adulteration. There yet remains an Act prohibiting the mixture of injurious ingredients with intoxicating liquors, and one or two statutes regulating trade frauds, as, for example, the Adulteration of Seeds Act, 1809. These Acts have not been incorporated in the Sale of Food and Drugs Act.

SALE OF FOOD AND DRUGS (38 & 39 Vict, c. 63). An Act to repeal the Adulteration of Food Acts, and to make better provision for the Sale of Food and Drugs in a pure state. (11th August 1875). Whereas it is desirable that the Acts now in force relating to the adulteration of food should be re

*By "iron filings" is meant an earth strongly impregnated with iron; it is without doubt a Chinese adulteration. Sec TEA.

pealed, and that the law regarding the sale of food and drugs in a pure and genuine condition should be amended:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. From the commencement of this Act the statutes of the twenty-third and twenty-fourth of Victoria, chapter eighty-four, of the thirty-first and thirtysecond of Victoria, chapter one hundred and twentyone, section twenty-four of the thirty-third and thirty-fourth of Victoria, chapter twenty-six, section three, and of the thirty-fifth and thirty-sixth of Victoria, chapter seventy-four, shall be repealed, except in regard to any appointment made under them and not then determined, and in regard to any offence committed against them or any prosecution or other act commenced and not concluded or completed, and any payment of money then due in respect of any provision thereof.

2. The term "food" shall include every article used for food or drink by man, other than drugs or

water:

The term "drug" shall include medicine for internal or external use:

The term "county" shall include every county, riding, and division, as well as every county of a city or town not being a borough:

The term "justices" shall include any police and stipendiary magistrate invested with the powers of a justice of the peace in England and any divisional justices in Ireland.

Description of Offences.

3. No person shall mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder, any article of food with any ingredient or material so as to render the article injurious to health, with intent that the same may be sold in that state, and no person shall sell any such article so mixed, coloured, stained, or powdered, under a penalty in each case not exceeding fifty pounds for the first offence; every offence, after a conviction for a first offence, shall be a misdemeanour, for which the person, on conviction, shall be imprisoned for a period not exceeding six months with hard labour.

4. No person shall, except for the purpose of com. pounding as hereinafter described, mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder, any drug with any ingredient or material so as to affect injuriously the quality or potency of such drug, with intent that the same may be sold in that state, and no person shall sell any such drug so mixed, coloured, stained, or powdered, under the same penalty in each case respectively as in the preceding section for a first and subsequent offence.

5. Provided that no person shall be liable to be convicted under either of the two last foregoing sections of this Act in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the justice or court before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, coloured, stained, or powdered as in either of those sections mentioned, and that he could not with reasonable diligence have obtained that knowledge.

6. No person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, under a penalty not exceeding twenty pounds; provided that an offence shall not be deemed to be committed under this section in the following cases; that is to say

(1.) Where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof; (2.) Where the drug or food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the patent;

(3.) Where the food or drug is compounded as in this Act mentioned;

(4.) Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.

7. No person shall sell any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser, under a penalty not exceeding twenty pounds.

8. Provided that no person shall be guilty of any such offence as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed,

9. No person shall, with the intent that the same may be sold in its altered state without notice, abstract from an article of food any part of it so as to affect injuriously its quality, substance, or nature, and no person shall sell any article so altered without making disclosure of the alteration, under a penalty in each case not exceeding twenty pounds.

Appointment and Duties of Analysts, and
Proceedings to obtain Analysis.

10. In the city of London and the liberties thereof the Commissioners of Sewers of the city of London and the liberties thereof, and in all other parts of the metropolis the vestries and district boards acting in execution of the Act for the better local management of the metropolis, the court of quarter sessions of every county, and the town council of every borough having a separate court of quarter sessions, or having under any general or local Act of Parliament or otherwise a separate police establishment, may, as soon as convenient after the passing of this Act, where no appointment has been hitherto made, and in all cases as and when vacancies in the office occur, or when required so to do by the Local Government Board, shall, for their respective city, districts, counties, or boroughs, appoint one or more persons possessing competent knowledge, skill, and experience, as analysts of all articles of food and drugs sold within the said city, metropolitan districts, counties, or boroughs, and shall pay to such analysts

such remuneration as shall be mutually agreed upon, and may remove him or them as they shall deem proper; but such appointments and removals shall at all times be subject to the approval of the Local Government Board, who may require satisfactory proof of competency to be supplied to them, and may give their approval absolutely or with modifications as to the period of the appointment and removal, or otherwise: Provided that no person shall hereafter be appointed an analyst for any place under this section who shall be engaged directly or indirectly in any trade or business connected with the sale of food or drugs in such place.

In Scotland the like powers shall be conferred and the like duties shall be imposed upon the commissioners of supply at their ordinary meetings for counties, and the commissioners or boards of police, or where there are no such commissioners or boards, upon the town councils for boroughs within their several jurisdictions; provided that one of Her Majesty's Principal Secretaries of State in Scotland shall be substituted for the Local Government Board of England.

In Ireland the like powers and duties shall be conferred and imposed respectively upon the grand jury of every county and town council of every borough; provided that the Local Government Board of Ireland sha'l be substituted for the Local Government Board of England.

11. The town council of any borough may agree that the analyst appointed by any neighbouring borough or for the county in which the borough is situated, shall act for their borough during such time as the said council shall think proper, and shall make due provision for the payment of his remuneration, and if such analyst shall consent, he shall during such time be the analyst for such borough for the purposes of this Act.

12. Any purchaser of an article of food or of a drug in any place being a district, county, city, or borough where there is any analyst appointed under this or any Act hereby repealed shall be entitled, on payment to such analyst of a sum not exceeding ten shillings and sixpence, or if there be no such analyst then acting for such place, to the analyst of another place, of such sum as may be agreed upon between such person and the analyst, to have such article analysed by such analyst, and to receive from him a certificate of the result of his analysis.

13. Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, may procure any sample of food or drugs, and if he suspect the same to have been sold to him contrary to any provision of this Act, shall submit the same to be analysed by the analyst of the district or place for which he acts, or if there be no such analyst then acting for such place to the analyst of another place, and such analyst shall, upon receiving payment as is provided in the last section, with all convenient speed analyse the same, and give a certificate to such officer, wherein he shall specify the result of the analysis.

14. The person purchasing any article with the intention of submitting the same to analysis shall, after the purchase shall have been completed, forth

with notify to the seller or his agent selling the article his intention to have the same analysed by the public analyst, and shall offer to divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall, if required to do so, proceed accordingly, and shall deliver one of the parts to the seller or his agent.

He shall afterwards retain one of the said parts for future comparison, and submit the third part, if he deems it right to have the article analysed, to the analyst.

15. If the seller or his agent do not accept the offer of the purchaser to divide the article purchased in his presence, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts, and shall cause it to be delivered, either upon receipt of the sample or when he supplies his certificate to the purchaser, who shall retain the same for production in case proceedings shall afterwards be taken in the matter.

16. If the analyst do not reside within two miles of the residence of the person requiring the article to be analysed, such article may be forwarded to the analyst through the post office as a registered letter, subject to any regulations which the PostmasterGeneral may make in reference to the carrying and delivery of such article, and the charge for the postage of such article shall be deemed one of the charges of this Act or of the prosecution, as the case may be.*

17. If any such officer, inspector, or constable, as above described, shall apply to purchase any article of food or any drug exposed to sale, or on sale by retail on any premises or in any shop or stores, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to such officer, inspector, or constable, such person shall be liable to a penalty not exceeding ten pounds.

18. The certificate of the analysis shall be in the form set forth in the schedule hereto, or to the like effect.

19. Every analyst appointed under any Act hereby

*The following regulations have been laid down by the Postmaster-General in regard to the conveyance and delivery of such articles as are permitted by the Act to be forwarded to duly-appointed analysts as registered letters through the post: Each packet must be addressed according to the official designation of the analyst, as "Public Analyst," or otherwise, and the nature of its contents must be stated on the front of the packet. Any postmaster at whose office a packet for a public analyst shall be tendered for registration may refuse to accept it for this purpose unless it be packed in so secure a manner as to render it at least unlikely that its contents will escape and injure the correspondence. Liquids for analysis shall be contained in stout bottles or bladders, which shall be enclosed in strong wooden boxes with rounded edges-the boxes being covered by stout wrappers of paper or cloth; and no such package shall exceed 8 inches in length, 4 inches in width, or 3 inches in depth. No packet whatever addressed to a public analyst shall exceed the dimensions of 18 inches in length, 9 inches in width, or 6 inches in depth. The postage and registration fee on each packet must be prepaid.

repealed or this Act shall report quarterly to the authority appointing him the number of articles analysed by him under this Act during the foregoing quarter, and shall specify the result of each analysis and the sum paid to him in respect thereof, and such report shall be presented at the next meeting of the authority appointing such analyst, and every such authority shall annually transmit to the Local Government Board, at such time and in such form as the Board shall direct, a certified copy of such quarterly report.

Proceedings against Offenders.

20. When the analyst having analysed any article shall have given his certificate of the result, from which it may appear that an offence against some one of the provisions of this Act has been committed, the person causing the analysis to be made may take proceedings for the recovery of the penalty herein imposed for such offence, before any justices in petty sessions assembled having jurisdiction in the place where the article or drug sold was actually delivered to the purchaser, in a summary manner.

Every penalty imposed by this Act shall be recovered in England in the manner prescribed by the eleventh and twelfth of Victoria, chapter forty-three. In Ireland such penalties and proceedings shall be recoverable, and may be taken with respect to the police district of Dublin metropolis, subject and according to the provisions of any Act regulating the powers and duties of justices of the peace for such district, or of the police of such district; and with respect to other parts of Ireland, before a justice or justices of the peace sitting in petty sessions, subject and according to the provisions of "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same.

Every penalty herein imposed may be reduced or mitigated according to the judgment of the justices. 21. At the hearing of the information in such proceeding the production of the certificate of the analyst shall be sufficient evidence of the facts therein stated, unless the defendant shall require that the analyst shall be called as a witness, and the parts of the articles retained by the person who purchased the article shall be produced, and the defendant may, if he think fit, tender himself and his wife to be examined on his behalf, and he or she shall, if he so desire, be examined accordingly.

2. The justices before whom any complaint may be made, or the court before whom any appeal may be heard, under this Act may, upon the request of either party, in their discretion cause any article of food or drug to be sent to the Commissioners of Inland Revenue, who shall thereupon direct the chemical officers of their department at Somerset House to make the analysis, and give a certificate to such justices of the result of the analysis; and the expense of such analysis shall be paid by the complainant or the defendant as the justices may by order direct.

23. Any person who has been convicted of any offence punishable by any Act hereby repealed or by this Act by any justices may appeal in England to the next general or quarter sessions of the peace which shall be held for the city, county, town, or place wherein such conviction shall have been made, provided that such person enter into a recognisance within three days next after such conviction, with

two sufficient sureties, conditioned to try such appeal, and to be forthcoming to abide the judgment and determination of the court at such general or quarter sessions, and to pay such costs as shall be by such court awarded; and the justices before whom such conviction shall be had are hereby empowered and required to take such recognisance; and the court at such general or quarter sessions are hereby required to hear and determine the matter of such appeal, and may award such costs to the party appealing or appealed against as they or he shall think proper.

In Ireland any person who has been convicted of any offence punishable by this Act may appeal to the next court of quarter sessions to be held in the same division of the county where the conviction shall be district, or to the recorder at his next sessions where made by any justice or justices in any petty sessions the conviction shall be made by the divisional justices in the police district of Dublin metropolis, or to the recorder of any corporate or borough town when the conviction shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within ten days from the date of any such conviction, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town), and it shall be lawful for such court of quarter sessions or recorder (as the case may be) to decide such appeal, if made in such form and manner and with such notices as are required by the said Petty Sessions Acts respectively hereinbefore mentioned as to appeals against orders made by justices at petty sessions, and all the provisions of the said Petty Sessions Acts respectively as to making appeals and as to executing the orders made on appeal, or the original orders where the appeals shall not be duly prosecuted, shall also apply to any appeal made under this Act.

24. In any prosecution under this Act, where the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon any exception or provision contained in this Act, it shall be incumbent upon him to prove the

same.

25. If the defendant in any prosecution under this Act prove to the satisfaction of the justices or court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he shall have given due notice to him that he will rely on the above defence.

26. Every penalty imposed and recovered under this Act shall be paid in the case of a prosecution by any officer, inspector, or constable of the authority who shall have appointed an analyst or agreed to the acting of an analyst within their district, to such officer, inspector, or constable, and shall be by him paid to the authority for whom he acts, and be applied towards the expenses of executing this Act, any statute to the contrary notwithstanding; but in the case of any other prosecution the same shall be paid and applied in England according to the law regu

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