§ Mr. T. M. HEALY (Louth, N.)To ask Mr. Chancellor of the Exchequer whether foreign spirit made from beetroot and materials other than the grape, and Hamburg potato spirit, are admitted to entry in this country as brandy; whether this constitutes a false trade description under the Merchandise Marks Act; do the Customs authorities refuse to enforce the provisions of that Act as regards brandy; can he explain why rum from other than the sugar cane must be described at import as imitation rum; and is he aware that the courts have recently decided that brandy must be the distillate of the grape, and that this decision has been accepted by the wine and spirit trade.
(Answered by Mr. Asquith.) It is not the case that spirits made from beetroot and materials other than the grape and Hamburg potato spirit, are admitted to entry in this country as brandy. If such spirits were described as brandy on the 1397 Customs' entry, such description would be a false trade description under the Merchandise Marks Acts. The Customs authorities do not refuse to enforce the provisions of those Acts as regards brandy. Rum is spirit produced from the sugar cane, and, therefore, spirit purporting to be ruin, but produced from any other material than the sugar cane, must be described at import as imitation rum. I understand that several cases bearing on the question, what is brandy, have been decided in the metropolitan police courts, but I do not know of any decision of the High Court upon the point. I am not aware that there has been any general acceptance by the wine and spirit trades of the decisions of the police magistrates.