§ 25. Mr. JOHN WALLACEasked the Secretary of State for Scotland whether he is aware that Danish bacon is being sold in various parts of Scotland at the present time under the description of Wiltshire bacon; and whether, if definite evidence of this practice is produced, he is prepared to institute proceedings under the Merchandise Marks Act, 1926?
§ Sir A. SINCLAIRComplaints have reached the Department of Agriculture for Scotland that Danish bacon is being sold as Wiltshire. If definite evidence is produced that Danish bacon unaccompanied by an indication of origin as required by Section 1, Sub-section 1, of the Merchandise Marks Act, 1926, is being sold as Wiltshire the Department are prepared to approach the Crown Agent with a view to proceedings being taken for a contravention of the Act.
§ Mr. WALLACEWhat does the right hon. Gentleman mean by "definite evidence" of the country of origin from which the bacon is imported?
§ Sir A. SINCLAIRThe word "Danish" is necessary in accordance with the terms of the Act under which we have to proceed. For example, recently a complaint was made to the Department, and we proceeded to take the necessary steps for a prosecution, but it was discovered that the particular bacon was sufficiently marked with the L.U.R. mark and with the name of the country of origin, Denmark, and consequently we could not proceed any further.
§ Mr. WALLACEIs my right hon. Friend aware that in the case to which he refers the mark was quite unobservable by the purchaser, and that across the side was the mark "Wiltshire bacon"; under these conditions, does he think that the provisions of the Act were being followed up by his Department?
§ Sir A. SINCLAIRCertainly; my Department is making every effort to enforce the Act, but we cannot go further than the Act itself allows. My Department took it up with the legal authorities and they said that a prosecution could not be successfully sustained.