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Ministry of Agriculture for Northern Ireland v Turtle

Northern Ireland Law Reports (Digests) Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1946
Date01 January 1946
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
The Ministry of Agriculture for Northern Ireland
Appellant
Robert James Turtle
Respondent

Adulteration - Article purchased for use and not for analysis - Certificate from official analyst condition precedent to prosecution - Sale of Food and Drugs Act, 1875 (38 39 Vict., c. 63), secs. 6, 10, 12, 13, 20, 21 -Jurisdiction of King's Bench Division in Northern Ireland

The respondent was prosecuted by the appellant for selling to the appellant a quantity of new milk which was not of the nature, substance and quality demanded by the appellant, contrary to s. 6 of the Sale of Food and Drugs Act, 1875, in that the milk was adulterated with water. The appellant prosecuted as a private purchaser and the milk had not been analysed by a public analyst under s. 12 of this Act. At the hearing before the resident magistrate it was contended by the respondent that it was a condition precedent to a prosecution under s. 6 of this Act that the article should be analysed by a public analyst and the analyst's certificate tendered in evidence, and the resident magistrate being of this opinion dismissed the charge but stated a case for the opinion of the King's Bench Division. Held, by the King's Bench Division (Black and MacDermott JJ.) that the resident magistrate was right in dismissing the charge, and that the obtaining and production of the certificate of a public analyst is as indispensable a condition to prosecution where the prosecution is brought under s. 6 at the suit of a purchaser for consumption or resale as it is where the prosecution is brought under s. 13 at the suit...

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