HL Deb 22 November 1954 vol 189 cc1738-40

Before the First Schedule, insert the following new Schedule—

("PROVISIONS AS TO MANNER IN WHICH SAMPLES TAKEN OF PURCHASED FOR ANALYSIS ARE TO BE DEALT WITH

1. The sampling officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall—

  1. (a) with respect to one part of the sample comply with paragraphs 2 to 8 of this Schedule, and
  2. (b) deal with the remaining parts in accordance with paragraph 9 of this Schedule.

2.—(1) If the sample was purchased by the sampling officer, he shall give the part of the sample to the vendor.

(2) In relation to a sample purchased from an automatic machine, this paragraph shall apply as if for the reference to the vendor there were substituted a reference—

  1. (a) if the name and address (being an address in England or Wales) of a person stated to be the proprietor of the machine appears on the machine, to that person;
  2. (b) in any other case, to the occupier of the premises on which the machine stands or to which it is affixed.

3. If the sample is of goods consigned from outside England and Wales and was taken by the sampling officer before delivery to the consignee, the officer shall give the part of the sample to the consignee.

4.—(1) This paragraph applies in relation to any sample of milk taken by the sampling officer, except to—

  1. (a) one in relation to which the last foregoing paragraph applies, or
  2. (b) any sample of cream.

(2) If the sample was taken from a container—

  1. (a) having a capacity greater than six pints, and
  2. (b) appearing to the officer to show the name and address (being an address in England or Wales) of any person as consignor of the milk,
the officer shall give the part of the sample to that person.

(3) If the sample was taken from a container—

  1. (a) having a capacity of six pints or less, and
    2. 1739
  2. (b) appearing to the officer to show the name and address (being an address in England and Wales) of any person as the person who put the milk into the container,
the officer shall give the part of the sample to that person.

(4) If—

  1. (a) neither of the two foregoing sub-paragraphs apply, and
  2. (b) the sample was taken at a dairy,
the officer shall give the part to the occupier of the dairy.

(5) If none of the three foregoing sub-paragraphs apply, the officer shall give the part of the sample—

  1. (a) to the occupier of the dairy from which the milk was consigned, or
  2. (b) if the milk was consigned from more than one dairy, to the occupier of the dairy from which it was last consigned.

5. if—

  1. (a) none of the foregoing paragraphs of, this Schedule apply, and
  2. (b) the sample was taken by the sampling officer at the request of a purchaser, or taken with the consent of a purchaser by retail,
the officer shall give the part of the sample to the vendor.

6. If—

  1. (a) none of the foregoing paragraphs of this Schedule apply, and
  2. (b) the sample was taken in transit,
the sampling officer shall give the part of the sample to the consignor.

7. If none of the foregoing paragraphs of this Schedule apply, the sampling officer shall give the part of the sample to the person appearing to be the owner of the food, drug or substance of which the sample was taken.

8. In every case to which paragraphs 2 to 7 of this Schedule apply the sampling officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken for the purpose of analysis by a public analyst.

9. Of the remaining parts of the sample, the sampling officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with section sixty-nine of the principal Act, and retain the other for future comparison.

10. Any part of a sample which under this Schedule is to be given to any person may be given either by delivering it to him or to his agent or by sending it to him by post in a registered packet; but where after reasonable inquiry the sampling officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given, he may, in lieu of giving the part to that person, retain it.")

4.47 p.m.

LORD CARRINGTON

My Lords, this Schedule replaces the bulk of Clause 18 dealing with the disposal of samples taken for analysis. It incorporates also a revision of the milk sampling procedure in paragraph 4. In deciding this procedure we tried to keep two objects in mind: first, that the trader most likely to be affected if the sample proves to be defective shall get a part of the sample; and, secondly, that the procedure shall be sufficiently clear to minimise the risk of the sampling officer doing the wrong thing. It has proved extremely difficult to satisfy both requirements. We have, however, had prolonged consultations, not only with the milk trade but with the Sanitary Inspectors' Association, and the arrangements now proposed have been accepted by both bodies as satisfactory. They provide, briefly, that if the milk is in large containers, such as churns, the sample shall go to the consignor if he puts his name and address on the churn. If the milk is in small containers, such as bottles, the sample will go to the bottler, if he gives his name and address. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Carrington.)

On Question, Motion agreed to.