CLAUSE 6.—(Interpretation.) (Hansard, 16 June 1938)

§ Mr. Turton
rose—

§ The Temporary Chairman
The Amendment of the hon. Gentleman—in page 5, to leave out lines 17 and 18—has not been called.

§ Mr. Turton
I realise that it was in the discretion of the Chair, but I want to speak on the Motion that the Clause stand part of the Bill. The Amendment dealt with that to which this House has always objected, namely, legislation by reference. I would call the attention of the Committee to the definition of food: 'Food' has the same meaning as in the Food and Drugs (Adulteration) Act, 1928. It is curious that the word "food" does not occur in the Bill, but it occurs in the Schedule. So for the purposes of definition the Committee will have to look at the Schedule, where we find: any essential commodity which in the opinion of the Board of Trade may be regarded as food for man and any raw material from which any such commodity can be produced. It appears very unfortunate that we are going to put into the definition of food a form of words which was used for a quite different purpose in a different Act in 1928. This is the history of the 1928 definition. Originally the Food and Drug Acts had the definition that food should be "food and drink." There was the case of Shortt v. Smith, where it was suggested that chewing-gum was a food, and the court held that it was not. So the 1928 definition was brought in to cover chewing-gum and baking powder. I do not think we should consider storing large quantities of chewing-gum, but I should be well content to leave the definition as it is in the Schedule and leave it to the good sense of the President of the Board of Trade to say whether he regards any essential commodity as "food for man or any raw material from which any such commodity can be produced." I should have thought that would include such an important matter as baking power. May I refer the Committee to the definition of food in the Food and Drugs Act, 1928? The expression 'food' includes every article used for food or drink by man other than drugs or water, and any article which 556 ordinarily enters into or is used in the composition or preparation of human food also includes flavouring matters and condiments. I also find: The expression 'drugs' includes medicines for internal or external use. I suggest that the result of the definition is that the right hon. Gentleman is including in it every noxious liquid which could be used for medicines but is excluding water and every beneficial liquid that is possible. I am certain that my Noble Friend the Member for the Sutton Division of Plymouth (Viscountess Astor), if she were here, would register a protest against this definition. It does not seem to be quite what we want in this Bill. As my Amendment has not been called, there will not be a Report stage, but perhaps some Member of the House of Lords could be asked to alter it. If you want a definition, put in a reasonable definition which will cover what we wish to do and include "food and everything that is eatable by man or raw material from which such food may be produced." I hope the President will explain why we have this definition and will give an undertaking that the matter will be looked into in another place.

§ Sir T. Inskip
I do not think the definition is at all unfortunate, to use my hon. Friend's phrase. If a definition of some kind was not inserted, in accordance with a decision in the courts shortly after the Great War food would be held not to include tea, coffee or cocoa.

§ Mr. Turton
Would it not be covered by the definition in the Schedule, "Any raw material from which such commodity could be produced"?

§ Sir T. Inskip
I think not. I cannot conceive that the use of this very familiar definition—for it is familiar—can be any disadvantage at all to the Bill and I hope the Committee will not see any objection to passing the Clause as it is.

Mr. Davidson
Is it beyond the Minister's power to define the necessary foodstuffs which the Government consider should be stored?

§ Sir T. Inskip
The necessary foodstuffs may depend upon circumstances, which may alter. It is thought right to give this proper definition to food, at the same 557 time not tying the Government down too tightly by limiting the nature of the foods which may be stored.