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Dáil Éireann debate -
Wednesday, 17 Feb 1943

Vol. 89 No. 5

Ceisteanna—Questions. Oral Answers. - Sale of Custard Powder.

asked the Minister for Local Government and Public Health if he is aware that there have been numerous cases recently where retailers were convicted for selling custard powder of an inferior and adulterated grade, that in no case were the manufacturers made amenable, and that considerable difficulty exists in even tracing the names of such manufacturers; and if the Minister will consider enlarging the scope of the law so that the manufacturers of such adulterated goods can be brought to justice; and whether he will take steps to compel the manufacturers or packers of any such form of human food legibly to declare on each packet the ingredients of such products, as well as the name and address of the producing firm.

I am aware that proceedings under the Sale of Food and Drugs Acts have been brought against a number of retailers in respect of the sale of custard powder, samples of which were found on analysis to be contaminated with live meal mites.

Proceedings under the Sale of Food and Drugs Acts lie primarily against the vendor of a contaminated article to the public and only where warranty is pleaded and proven would any liability pass on to the wholesaler or manufacturer.

In the case of some custard powders the name of the manufacturer does not appear on the container. Usually, a particular brand appellation is used in such cases. When it came to the knowledge of the Department that custard powder which was contaminated was on sale, the chief medical officers of health for those areas in which factories manufacturing custard powder were known to be situated were communicated with and instructed to arrange for inspection and examination of the commodity stored at those premises, and of the processes and methods of manufacture, and generally to take such action as might be called for under Section 28 of the Public Health Acts Amendment Act, 1890, which empowers a sanitary officer to seize any foodstuff found unfit for human consumption which is intended for sale.

According to the latest information available all stocks of custard powder which were likely to be contaminated with live meal mites have been withdrawn and every precaution will be taken by the responsible medical officers of health to ensure that no custard powders so affected will be offered for sale. If necessary an amendment of the existing law will be considered.

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