Defective Canned Milk (Sale) (Hansard, 5 March 1956)

§ 18. Mr. R. Edwards
asked the Minister of Agriculture, Fisheries and Food whether his attention has been called to the continued sale to housewives of old stocks of canned milk sold by his Department for animal feeding only; and whether he will now take steps to enforce the condition of sale upon purchasers that these supplies should only be sold for animal feeding and follow this up by stamping all tins with the words, "Not for human consumption."

Mr. Amory
Small quantities of defective canned milk are sold for animal feedingstuffs to approved buyers who give specific undertakings to my Department. The labels are removed. The disposal of the Ministry's commercial stocks of canned milk has almost been completed.

§ Mr. Edwards
Is the Minister aware that unscrupulous traders who have received supplies of this sub-standard milk are hawking them round the shops at this moment? Is the right hon. Gentleman also aware that labels have been printed and placed on these tins which are being sold to consumers at the full price, and that therefore illicit high prices are being charged? Further, will the Minister reply to the last part of the Question where I suggest that the tins might be stamped "Not for human consumption"?

Mr. Amory
To reply to the first part of the question, there has been some 1690 abuse, but a great deal of care has been taken to avoid any repetition of such action by unscrupulous traders. In answer to the second part of the question, I would say that to all intents and purposes the disposal of that product has now been completed; otherwise I would gladly consider the possibility of marking the tins in addition to stripping off the existing labels,

§ Mr. Elwyn Jones
In cases where there has been abuse, have there been any prosecutions?

Mr. Amory
That is a difficult matter. We can only proceed by civil action, and there we should have to prove that the Ministry had suffered damage. However, the question is under consideration and we have taken what I think is the most effective action of all, to make sure that a trader who has once been guilty of an abuse of that kind does not have the chance of getting any further supplies of this product.

§ Mr. Elwyn Jones
But is it not a criminal offence to sell these unfit commodities which are known to be unfit? The Minister speaks of civil proceedings to recover moneys on behalf of the Ministry, but surely a criminal offence is committed here which can be rendered the subject of prosecution in the magistrates' courts?

Mr. Amory
My advice is to the contrary, namely, that it would only be a breach of an agreement signed at the time my Department disposed of the milk.

Mrs. Slater
May I ask the Minister whether it is not possible for the local medical officer of health to take steps to protect consumers from this kind of thing, and whether prosecutions could not be brought by the local authorities under the Food and Drugs Act?

Mr. Amory
I understand that in no case to date has there been evidence that this technically defective milk was unsafe for human consumption.

Mrs. Slater
Ask Stoke about it.

§ Mr. Willey
In view of the disquiet that I am sure will be created by the replies of the right hon. Gentleman, will he look into the matter again to see whether there is provision for prosecution, and, if so, that his Department resorts to it?

Mr. Amory
I am looking into that point, and the advice I have received I have given to the House, but I repeat that in no case to date has there been any evidence that this defective milk would be injurious in the case of human consumption.

§ Mr. Edwards
In view of the unsatisfactory Answer, I beg to give notice that I shall raise this matter on the Adjournment.