asked the Minister for Local Government and Public Health if he is aware that various merchants have been prosecuted throughout the State under the Food and Drugs Acts, 1875 to 1936, during the past 12 months, for selling groats which, on analysis, proved to be badly infested with Accri, and unfit for human consumption; if he is further aware that these merchants had this product in stock for periods of from one to five weeks only prior to analysis and consequent prosecution; and if, in order to protect the merchants and the public generally, he will amend the law whereby the persons liable to be prosecuted may not only be the seller himself but also the manufacturers and others concerned in the distribution of the product.
Ceisteanna—Questions. Oral Answers. - Infested Groats.
The information in my Department, which is based on returns furnished periodically by the local authorities, does not indicate that various merchants have been prosecuted throughout the State for selling groats which were found on analysis to be infested with mites. According to these records there was only one prosecution in respect of this commodity during the past 12 months. As regards the latter portion of the question the Sale of Foods and Drugs Acts contain provisions relating to warranty which in certain circumstances safeguard the seller of goods and render the manufacturer or wholesaler there of liable to proceedings for false warranty. I would refer the Deputy to Section 25 of the Sale of Food and Drugs Act, 1875, which provides as follows:—
"If the defendant in any prosecution under this Act proves to the satisfaction of the justices or court that he purchased the article in question as the same in nature, substance and quality as that demanded of him by the prosecutor and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution".
Is the Parliamentary Secretary not aware that it is necessary to serve notice of that defence immediately the result of the analyst's certificate is served on the shopkeeper, and is the Parliamentary Secretary not aware that 99.9 per cent. of traders are unaware of these provisions and, therefore, have no protection?
Question 21 is postponed until to-morrow by request.