2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 20.1 preparations be exempt from the provisions. of the Act, and may add to the first schedule, and shall also, from time to time, establish a standard of quality for and fix the limits of the variability permissible in any article of food or drug or compound the standard of which is not established by any such pharmacopoeia or standard work as in the Act previously mentioned. Sec. 27. Power to add to and remove from the fourth and fifth schedules to the Act. Sec. 28. Sec. 29. This section empowers the Governor General, by Orders in Council to add any articles to the fourth and fifth schedules to the Act and to determine the standard of purity therefor, and to also remove any articles from the said schedules. (Taken from the 57-58 Vic., c. 37, sec. 4). Seizure and confiscation of Adulterated. Articles. Unchanged. Honey. This section provides that except for the exclusive purpose of consumption as food, bees shall not be fed on sugar, etc., and that no honey made by bees therefrom and no imitation of honey or sugar honey so called or other substitute for honey shall be manufactured or produced for sale or sold or offered for sale in Canada. OFFENCES AND PENALTIES. Sec. 22. Sec. 31. Punishment for wilful adulteration, when the adulteration is injurious to health; and when it is not injurious to health. Unchanged. Sec. 23. Sec. 32. Punishment for selling or exposing for sale any adulterated article. Sec. " Unchanged. Sec. 33. Want of knowledge, on part of seller, of the adulteration of the article, the seller having purchased it as an article of same nature and quality as demanded of him by purchaser or inspector, with a warranty to that effect. Unchanged. Sec. 34. Calling in third party from whom seller pur- chased. A company by a written contract agreed to buy pure new milk 2ND EDIT. REVISED STATUTES 1906 REMARKS with all its cream each churn to bear a written warranty. To each churn was attached a label "Warranted pure milk with all its cream delivered under contract." The company also agreed verbally to buy milk and that a written warranty should be given with each consignment. To a churn delivered under this agreement was attached a label, "Warranted pure milk with all its cream." Prosecutions for selling milk not of the nature substance and quality demanded by the purchaser, having been instituted, under the English Act, notice was given, in accordance with the Act, and copies of the labels were enclosed. Held that the requirements of the Act had been complied with, and the company was discharged from the prosecutions. (15) It is not necessary that there should be a specific written warranty with each consignment of milk delivered under a contract. A general warranty in writing that future deliveries of milk shall be "new, unadulterated, and with all its cream on," protects the retail dealer. The connection between the milk delivered under such a warranty and that which may subsequently be the subject matter of an alleged offence may be established by evidence. (16) Sec. 24. Sec. 35. Penalty for refusing access to officer. (17) Unchanged. Sec. 37. Penalty for knowingly attaching false labels. Sec. 38. False marking. Taken from 57-58 V., c. 37, GENERAL. Sec. 27. Sec. 41. Duty of officers. Unchanged. Sec. 27a. Sec. 42. Any person may proceed for adulteration. Unchanged. Sec. Sec. 43. Duty of public analyst. Unchanged. of analysis. Sec. 27b. Sec. 44. Division of article by purchaser for purpose Meaning unchanged. Each of the three parts into which, an article, purchased for analysis, is to be divided, must be sufficient in quantity to afford reasonable facilities for the purpose of analysis. (18) An inspector purchased four penny packets of cream of tartar all bearing similar labels, and, - having mixed all the contents (15) Irving v. Callow Park Dairy Co.. 20 Cox C. C., 295. (16) Elliott v. Pilcher, [1901], 2 K. B., 817. (17) Taken from 57-58 Vic., c. 37. sec. 5. (18) Lowery v. Hallard, 75 L. J. K. B., 249; [1906], 1 K. B., 398. 2ND EDIT. REVISED STATUTES 1906 REMARKS together, divided them into three parts, one of which parts he delivered to the seller, another he retained, and the third he sent to the county analyst for analysis. Held that there had been a sufficient compliance with the requirements of the English Act and that it was not necessary that any single package should have been divided into three parts. (19) Dry white lead.... Basic carbonate of lead prepared by corrosion. of metallic lead. White lead in oil.. Dry white lead ground in pure linseed oil in the proportion of 90 to 92 per centum of the former to 8 to 10 per centum of the latter. (19) Smith v. Savage, [1905], 2 K. B., 88; (Mason v. Cowdary, 69 L.. J. Q. B., 666, distinguished). 2ND EDIT. 1 Paris green..... Vinegar .... An insecticide containing at least fifty per centum of arsenious acid and at least thirty per centum of cupric oxide and being completely soluble in aqueous ammonia. A more or less coloured liquid, consisting essentially of impure dilute acetic acid obtained by the oxidation of wine, beer, cider or other alcoholic liquid. THE CANNED GOODS ACT. Sec. 1. Short Title. This Act may be cited as the Added. Unchanged. Sec. 3. Name and address of packer to be stamped on Sec. 1. Sec. 2. Definition of package. Sec. 2. Sec. " Sec. " package. Unchanged. Sec. 4. Word "soaked" to be printed. Meaning unchanged. Sec. 3. Sec. 6. Penalty for misrepresentation of contents of package. Meaning unchanged. Sec. 4. Sec. 7. Misrepresentation of date of packing.-Packing. DAIRY PRODUCTS. Unchanged. There is, at pages 191 to 193 of the Author's second edition of the Criminal Code, a summary of some of the provisions of the old statutes relating to dairy products, including the Sale of milk to Cheese Butter and Condensed Milk Makers, the making and sale of skim-milk cheese, the Registration of Cheese Factories and Creameries, the sale of Canadian Butter and Cheese, and the prohibition against the manufacture and sale of oleomargarine and butterine. These and other provisions on the same subject are now consolidated in Part VIII (consisting of sections 279-318) of the Inspection and Sale Act, (R. S., 1903, c. 85). 2ND EDIT. REVISED STATUTES 1906 REMARKS FRUIT AND FRUIT MARKS. The provisions of the old statutes relating to this subject are now consolidated in Part IX (consisting of sections 319-336) of the Inspection and Sale Act, (R. S., 1906, c. 85). It is an offence against the Fruit Marks' Act, to have in possession, for sale, apples packed so that more than fifteen per cent. of the contents of the barrel is substantially inferior in grade to the faced surface, although the sale actually made was to a purchaser who inspected the bulk, and, consequently, was not defrauded, it not being essential to the offence that there should be fraudulent intent on the part of the accused; and the offence is complete, although the accused neither knew of the fraudulent packing nor was negligently ignorant of it. (20) THE FERTILIZERS ACT. (21) The provisions of the old Fertilizers Act, (53 Vic., c. 24), are now contained in the new Fertilizers Act, (R. S., 1906, c. 132). IDENTIFICATION OF CRIMINALS ACT. (21a) Sec. 1. Short Title. This Act may be cited as the Identification of Criminals Act. Added. Unchanged. Unchanged. Sec. 1. Sec. 2. Bertillon Signaletic System.- THE TICKET OF LEAVE ACT. (22) [R. S., 1906, c. 150]. Sec. 1. Short Title. This Act may be cited as the Ticket of Leave Act. TICKET OF LEAVE. Added. Sec. 1. Sec. 2. Granting of License to convicts; and revocation or alteration of same. The Governor General by an order in writing under the hand and seal of the Secretary of State may grant to any convict, under sentence of imprisonment in a penitentiary, gaol or other public or reformatory (20) R. v. James, 6 Can. Cr. Cas., 159. (21) The main provisions of the old Fertilizers Act are set out at page 192 of the Author's 2nd. Edition of the Criminal Code. (21a) See page 744 of the Author's second edition. (22) For the provisions of the old Act, see pp. 997 to 1002 of the Author's second edition. |