asked the Minister for Local Government and Public Health whether he is satisfied that the description of potato starch as cornflour is in the public interest; and, if not, whether he will require distributors of potato starch to describe it clearly as potato starch or by its trade name "farina".
Ceisteanna—Questions. Oral Answers. - Potato Starch in Cornflour.
The Sale of Food and Drugs Acts under which proceedings are normally brought in respect of the sale of food which on analysis is reported to be non-genuine are administered by local authorities, but it rests with the court in pursuance of those Acts to decide on a case brought before it whether an article of food which is not of the nature, substance or quality of the article demanded from a purveyor has been sold to the prejudice of the purchaser.
Surely the Parliamentary Secretary cannot say that the product of a potato is, in fact, corn? Potatoes are not corn. We are all aware that corn starch and potato starch chemically are closely analogous, but they are not identical. Whatever potato starch may be, it certainly is not cornflour. At some stage we ought to make up our minds to come to some definite decision, otherwise we will have every district justice in the country giving different decisions, and any man who exposes a packet of farina on his shop shelves leaves himself open to prosecution, to appeal, and to a case stated, whereas a decision of this House as to what is to be described as cornflour and what is to be described as farina will give everyone certainty. We ought not to sit here wobbling while unfortunate merchants down the country are robbed by litigation.
I have nothing to add.
Will the Parliamentary Secretary look into the question? We all know what happened. A factory was set up in Athlone under Government auspices to make farina. The people in Athlone want to pretend that farina is cornflour. The Minister for Industry and Commerce wants to pretend that he is getting cornflour manufactured in this country behind a tariff wall.
Is the Deputy presenting that as a supplementary question?
Will we make up our minds to call the stuff made in Athlone farina or decide that in Eire the stuff made in Athlone shall be called cornflour?
Has there not been a recent court decision on the matter?
There were half a dozen and they all differed. In addition, three analytical chemists came into the same court and told a different tale and spoke frankly of one another's competency. It is a matter which we will have to determine. Will the Minister determine whether the stuff produced in Athlone is to be called farina, potato starch, cornflour, or corn starch and settle it for the future?
The Minister cannot determine that. He has no power to do so.
Make an emergency powers Order that the stuff made in Athlone is to be called cornflour.