HL Deb 22 November 1954 vol 189 c1745

Second Schedule, page 34, line 4, at end in sert— ("In subsection (2), the following paragraph shall be substituted for paragraph(c):— (c) in the case of a prosecution in respect of a sample of milk procured from him, the defendant either—

  1. (i) has within sixty hours after the sample was procured served such a notice as is mentioned in paragraph (2) of the Third Schedule to this Act, or
  2. (ii) not having served such a notice, proves that he had reasonable cause to believe that such a notice would have been of no effect by reason of the fact that the milk in question was a mixture of milk produced on more than one dairy farm".")

LORD CARRINGTON

My Lords, this Amendment is intended to ensure that a defendant will normally be able to plead warranty in the case of a sample of milk produced on more than one dairy farm without invoking the procedure relating to samples of a corresponding milking set out in the Third Schedule to the Food and Drugs Act, 1938. I beg to move.

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

On Question, Motion agreed to.