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This Order, which is made under Regulation 2 of the Defence (Sale of Food) Regulations, 1943 (S.R. & O. 1943 No. 1553; item No. 1605), and will come into force on January 1st, 1945, specifies the information which must be given on the labels of pre‐packed foods when sold by retail. These requirements also apply on sales otherwise by retail but alternatively the food must be sold unlabelled and the purchaser supplied with a statement giving the required information. Special requirements apply to the disclosure of the vitamin or mineral content of food for which claims are made in labels or advertisements. The Order also provides appropriate defences in cases of infringement, including a defence similar to that provided by the Food and Drugs Act, 1938, where some other person is responsible for the commission of the offence charged. Retail Labelling Requirements.—Subject to the exemptions specified in the First Schedule, pre‐packed food must not be sold (or displayed for sale) by retail unless the label bears a true statement as to the matters mentioned below. The label must be marked on the wrapper or container or securely attached to it. The statement must be clearly legible and placed in a prominent position on the label. If the food is pre‐packed in more than one wrapper or container, the label must be placed on the inner package. A second label must be placed on the outer wrapper or container if the first label is not clearly legible throughout it. (a) Name and Address of Packer or Labeller.—The statement must specify the name of either the packer or the labeller and one of his business addresses. The name and address of another trader may be substituted if the food is packed or labelled for him or on his instructions and he carries on business at any address in the United Kingdom. The above requirement may also be satisfied by placing a trade mark (but not a certification trade mark) prominently on the label. The trade mark must be one of those entered on the Trades Mark Register kept under the Trade Marks Act, 1938 (1 & 2 Geo. 6, c. 22), for that food and the words “Registered Trade Mark” must be associated with it on the label. Table A of the First Schedule provides that the following foods shall be wholly exempt from this requirement: beef or pork sausages or sausage meat and slicing sausage (other than canned); sugar; yeast; unfermented apple juice and soft drinks in solid, semi‐solid or powder form. (b) Names of Foods and Ingredients.—The statement must also specify the common or usual name (if any) of the food and of each ingredient, if the food is made of two or more ingredients. The ingredients must each be given a specific, not a generic, name and must be named in the order of the proportion in which they were used. The ingredient used in the greatest proportion (by weight) must be the first on the list. If the food contains an ingredient made from two or more constituents, the statement must specify those constituents and it will not be necessary to name the ingredient. [See also (vi) below.] It is not necessary to state that the food contains water. The following exemptions from this requirement are given in Table A of the First Schedule: (i) Spices and flavouring essences, whether pre‐packed for sale as such or forming an ingredient of another food, may be designated as spices, etc., without further specifying their common or usual name or their composition. This exemption also applies to colourings, except those pre‐packed for sale as such. (ii) In the case of speciality flour, whether pre‐packed for sale as such or forming an ingredient of another food there is no need to specify ingredients or constituents which are authorised ingredients of National or “M” flour. (iii) Preservatives, as defined in the Public Health (Preservatives, etc., in Food) Regulations, are wholly exempt if the label complies with the requirements of those Regulations, whether the preservatives are pre‐packed for sale as such or form an ingredient of one of the foods specified in paragraph 1 of the Second Schedule to the Regulations. (iv) It is not necessary to specify the ingredients used in the foods specified in Table C. The food must, however, be pre‐packed for sale as such and must comply with the composition requirements of the relevant Control Order listed in the Table. Table C specifies the following foods: Foods for which a standard is prescribed under a Food Standards Order; specified canned fruit; Christmas puddings; fish cakes; jam and marmalade; meat or fish paste; meat roll or galantine; canned ready or prepared meals; canned soup; beef or pork sausages or sausage meat and slicing sausage (not canned); standard saccharin tablets; and sweetening tablets. (v) There is no need to specify the ingredients of the following foods when pre‐packed for sale as such; biscuits, condensed milk as defined by the Public Health (Condensed Milk) Regulations, 1923 and 1927; curry powders; pickles and sauces (except salad cream, mayonnaise and sandwich spread). (vi) When a food mentioned in (iv) or (v) above or in Table B (see below) forms an ingredient of some other food, it may be designated by its common or usual name, without specifying the ingredients. (c) Minimum Quantity.—The statement must also specify the minimum quantity of food in the wrapper or container. This quantity must be expressed according to trade custom in terms of net weight, measure or number. In cases where Section 4 of the Sale of Food (Weights and Measures) Act, 1928, permits the weight of the wrapper or container to be included in the weight sold, the above provision may be complied with by specifying the minimum weight of the food with its wrapper or container. Table A of the First Schedule provides that the following foods shall be wholly exempt from this requirement: biscuits, when sold by the packet or piece at not more than 3d. per unit; condensed milk, as defined above; and dried milk, as defined by the Public Health (Dried Milk) Regulations 1923 and 1927, including sweetened or modified dried milk but not compounded dried milk. (d)Exemptions.— The above provisions do not apply to: (i) foods packed by a retailer for sale on the premises, but there must be no reference to the food on the wrapper or container or on any label printed on, attached to or given with it; (ii) food imported on Government account which is still in the original container or wrapper; (iii) food packed specially for consumption by H.M. Forces or the Forces of H.M. Allies or Co‐Belligerents; (iv) assortments of foods packed for sale as a meal and ready for consumption without cooking, heating, etc.; (v) food intended for export or for use as ships‘ stores; (vi) foods specified in Table B of the First Schedule when pre‐packed for sale as such. Table B specifies the following foods: bread (not including breadcrumbs); butter and milk blended butter; cakes; cheese (including processed cheese, blue vein, soft curd or cream cheese and cheese made from milk other than cow's milk); compound cooking fat; intoxicating liquor, i.e., spirits, wine, beer, porter, cider, perry and sweets and other fermented, distilled or spirituous liquors which cannot be sold with‐out an excise licence; liquid milk; margarine (not including vegetarian butter); meat pies; National Flour and “M” flour; soft drinks if specified in Part I of the First Schedule to the Soft Drinks Order, 1943; still spa water; sugar confectionery, chocolate and chocolate confectionery. (e) Small Packages.—If the wrapper or container holds less than ½ oz. or ½ fluid oz. and, owing to insufficient space it is not reasonably practicable for all the above particulars to be given on the label, it will only be necessary to give those particulars which it is reasonably practicable to specify. The particulars required in (b) must be specified first and those required in (c) must be specified next, in order of priority. The foods specified in Table B of the First Schedule (see above) are exempt from this provision when pre‐packed for sale as such. Labelling Requirement on Other Sales.—On sales of pre‐packed food otherwise than by retail, the seller must either: (a) deliver the food labelled in the manner prescribed for retail sales; or (b) deliver the food unlabelled and furnish the purchaser an invoice or other document within 14 days of delivery. The invoice, etc., must contain a statement of any particulars that may be necessary to enable a retail trader to comply with provisions (b) and (c) of the retail labelling requirements (see above). Pre‐packed food will be regarded as unlabelled only if there is no reference to it on the wrapper or container or on any label printed on or attached to it. The food will not, however, be regarded as labelled merely because the wrapper or container has been marked at packing with reasonable words or marks of identification. This provision, however, does not apply to foods exempted from the retail labelling requirements, including foods specified in Table B of the First Schedule (see (d) above). Defacement of Labels.—Statements on labels placed on a wrapper or container under the above provisions must not be removed, altered or defaced. It will, however, be a defence for the defendant to prove: (a) that the food was in his possession otherwise than for sale; and (b) that there was no intent to deceive. Claims for Vitamins and Minerals in Food.—(a) General Claims: No one, except under certain conditions, may (i) sell any food with a label making a general claim that vitamins or minerals are present in it; (ii) stock pre‐packed food with a similar label; or (iii) publish, or be a party to publishing, an advertisement making a general claim as above. The above provisions apply whether the label is attached to or printed on the wrapper or container or not. The conditions referred to above are as follows: (i) If a claim that vitamins are present is made, the food must contain one or more of the substances specified in Part I of the Second Schedule, i.e. Vitamins A, B1, B2 (Riboflavin), C and D; Carotene; or Nicotinic Acid, Nicotinic Acid Amide and the active derivatives. (ii) If a claim that minerals are present is made, the food must contain one or more of the substances specified in Part II of the Second Schedule, i.e., Calcium, Iodine, Iron or Phosphorus. (iii) The label or advertisement must specify the minimum quantity of each substance in each oz. or fluid oz., expressed in the appropriate units specified in Parts I and II of the Second Schedule. (b) Particular Claims.— The Order also provides that no one shall: (i) sell any food with a label which claims or in any way suggests that a particular substance specified in the Second Schedule is present in it; (ii) stock pre‐packed food with a similar label; or (iii) publish, or be a party to publishing, an advertisement making a particular claim or suggestion as above. These claims or suggestions may, however, still be made if the label or advertisement specifies the minimum quantity of each substance contained in each oz. or fluid oz., expressed in the appropriate units specified in the Second Schedule. The above provisions apply whether the label is attached to or printed on the wrapper or container or not. (c) Exemptions.—These provisions do not apply to: (i) fruit or vegetables, excluding those which have been canned or bottled or those preserved otherwise than by freezing, gas or cold storage or other storage methods; (ii) food served by a caterer as a meal or part of a meal; (iii) food imported on Government account which is still in the original wrapper or container. In case (iii), however, the provisions relating to advertisements are still applicable. (d) Defences.—In proceedings relating to the publication of an advertisement, it will be a defence for the defendant to prove that his business is to publish or arrange for the publication of advertisements and that he received it for publication in the ordinary course of business. In similar proceedings against the manufacturers, producers or importers of the advertised food the onus of proving that he did not publish, and was not a party to publishing, the advertisement is on the defendant. In proceedings for a failure to specify the required particulars in an advertisement, it will be a defence for the defendant to prove that he took all reasonable steps, by pre‐packing, to see that it would not be sold without an appropriate label. Deficiencies of Weight or Measure.—In proceedings for infringement of the labelling requirements relating to the weight or measures of pre‐packed articles of food, the Court must disregard inconsiderable variations in the weight or measure of single articles and take into account (a) the average weight or measure of a reasonable number of other articles of the same kind (if any) sold or stocked by the defendant on the same occasion and (b) all the circumstances of the case. In similar proceedings relating to weight, measure or number, it will be a defence for the defendant to prove: (a) that the offence was due to a bona fide mistake or accident or to other causes beyond his control and that he took all reasonable precautions to prevent it; or (b) that the alleged deficiency was due to unavoidable evaporation, although due care had been taken to avoid it. Proceedings for a deficiency in the weight or measure of any pre‐packed food or in the number of articles in a wrapper or container may be instituted, in England, by the local Weights and Measures Authority, and, in Northern Ireland, by the Ministry of Commerce. Inaccurate Statements, etc.—In prosecutions relating to the inaccuracy or omission of a particular required to be shown on a label or statement, it will be a defence for the defendant to prove: (a) that he bought the food in the wrapper or container in which it was sold from a person carrying on business at an address in the United Kingdom, and that the wrapper or container had remained unopened; (b) that the particular in question was shown on (or omitted from) the label or statement at the time of purchase; and (c) that he had no reason to believe that there was any infringement. The defendant, within fourteen days of the service of the summons (or in Scotland, the complaint), must send the prosecutor a copy of the label or statement with a notice stating that he intends to rely on it and giving the name and address of the person from whom he received it. A similar notification must be sent to the person who gave him the label or statement and he is entitled to appear in Court and give evidence. A defendant who is an employee may also rely on the above defence. Act or Default of Another.—A defendant who is prosecuted under the Order may allege that the offence was due to the act or default of another person. He is entitled to make this person a party to the proceedings but must first lay an information and give at least three clear days' notice to the prosecution. If the original defendant's allegation is proved, the second defendant may be convicted of the offence. The original defendant will then be entitled to an acquittal if he can prove that he used all due diligence to comply with the provisions in question. Both the prosecution and the second defendant will have the right to cross‐examine the original defendant and his witnesses and to call rebutting evidence. The Court may make any order it thinks fit for payment of costs by one party to another. If the Minister or other enforcing authority is reasonably satisfied that an offence for which one defendant might be prosecuted is due to the act or default of a second defendant and that the first defendant could establish the above defence, he may prosecute the second defendant without taking a preliminary prosecution against the first. The second defendant may then be convicted of the offence with which the first defendant might have been charged and may be awarded similar punishment. Special provision is made for a similar procedure under the Law of Scotland. Analysts' Certificates.—In proceedings for infringement, the production by one of the parties of a certificate from a Public Analyst or the Government Chemist will be sufficient evidence of the facts stated in it, unless the other party requires that the Analyst shall be called as a witness. A copy of the Analyst's certificate supplied by one party to the other is admissible in evidence without further proof. If the prosecution intends to produce a certificate, a copy must be served with the summons (or, in Scotland, the complaint). A defendant who intends to produce a certificate or require the Analyst to give evidence must give the other party at least three clear days' notice of his intention. The Court is entitled to adjourn the hearing on such terms as it thinks proper if there is any failure to comply with these requirements. In Northern Ireland, “Government Chemist” means the Government Chemist for Northern Ireland. Other Provisions.—The Order also contains various provisions for securing its application under the law of Scotland and Northern Ireland. The provisions of the Order are subject to any directions, licences or authorisations given by the Minister. Holders of licences or authorisations must comply with every condition imposed. The Order will come into force on January 1st, 1945. Definitions.—“Food” means any article used as food or drink for human consumption and includes any substance intended for use in the composition or preparation of food, any flavouring, sweetening matter or condiment and any colouring matter intended for use in food. An article is not to be deemed not to be food merely because it can also be used as a medicine. Save as otherwise provided, the description or definition of food given in an Order of the Minister will apply for the purposes of this Order. If described or defined in more than one Order, the description or definition given in a Price Control Order will be applicable. “Pre‐packed” means packed or made up in advance ready for retail sale in a wrapper or container. Wrapped or packed food found on premises where that food is packed, kept or stored for sale will be deemed to be pre‐packed unless the contrary is proved. The contrary cannot, however, be proved merely by showing that the food had not been labelled in accordance with the provisions of the Order. “Pre‐pack” is to be correspondingly interpreted. “Retail Sale” means any sale to a person buying otherwise than for resale but does not include a sale to a caterer for his catering business or a sale to a manufacturer for his manufacturing business. “Advertisement” includes any notice, circular, label, wrapper or other document and any public announcement made orally or by a means of producing or transmitting light or sound. References to a label marked on a wrapper or container include references to any legible marking, however effected. “Food Imported on Government Account” means food imported into the United Kingdom for defence purposes, which was the property of, or consigned directly to, His Majesty or a Government Department, or their agents. “Public Analyst” has the same meaning as in the Food and Drugs Act, 1938, [and the corresponding Acts in force for Scotland and Northern Ireland.] References to Orders or Regulations refer to those Orders or Regulations as subsequently amended or replaced.

In a recent speech LORD ROSEBERY charged the people of this country with possessing, to an inordinate extent, the fatal gift of complacency, and he observed that the nation which is not progressive is retrogressive. “Rest and be thankful,” said LORD ROSEBERY, is a motto which spells decay, and those who have any experience of the methods of the manufacturers of the country will admit that this seemingly severe impeachment is by no means unfounded or uncalled‐for. Industries, of which at one time the English were masters, are now gradually falling into other hands. The workers of other lands are successfully competing with our own, and yet, in spite of this condition of our mercantile affairs, the spirit of complacency is rampant. The sons are content to continue in the footsteps of the fathers, oblivious of the fact that time and seasons do not stand still and that they may be overwhelmed by the advancing flood of competition. The trade conservatism which was in the past opposed to the introduction of the steam‐engine, the power‐loom, and other mechanical appliances, is still responsible for the extreme slowness with which English firms appreciate the necessity for such innovations in the conduct of their business as would place them in a position to hold their own in the markets of the world. In respect to the protection of pure food production Great Britain and the British manufacturers are still a long way behind. Although the Sale of Food and Drugs Act of 1875 was one of the first Acts passed in any country to prevent the sale of adulterated food and drink, its machinery is cumbrous, and the subsequent Amendment Acts have not added materially to its efficiency; with the result that the Adulteration Acts do not compare favourably with those of many other countries. The spirit of complacency in regard to food products has affected alike the producer and the distributor, and the result is that in many instances there is no adequate inducement to produce anything but a mediocre article—such an article, in fact, as only escapes condemnation because of the faulty construction of the machinery of the law.

An interesting report has been submitted to the Brighton Watch Committee by Mr. T. J. Metcalfe, Chief Inspector of Weights and Measures. In his report Mr. Metcalfe observes that the Sale of Food (Weights and Measures) Act, 1926, which controls trading methods in connection with the sale of most articles of food, does not require that jams, marmalades, syrups or honey should be sold by weight and manufacturers and packers, with few exceptions, have not hitherto applied any weight statement to their prepacked products. Trading has generally been in standard sizes, referred to as “1's” and “2's,” and although most members of the public have understood that packs contain 1‐lb. or 2‐lb. net, no offence can be proved to have been committed when the seller makes no purportation of weight at the time of sale. The introduction of rationing has caused your Inspectors, in association with the Enforcement Officers of the Food Control Committee, to inquire more fully into the position which has developed. A purchaser is entitled to receive from the retailer with whom he is registered a maximum quantity of 2 ozs. of preserves per week. If the retailer, following the established practice, cancels eight ration coupons, hands over a jar of preserve and charges the maximum permitted price per pound, then there would appear to be prima facie evidence of a representation of weight of 1lb. Any deficiency would apparently constitute an offence by the retailer. As, however, the retailer could prove that he purchased the pack in the condition in which he sold it, that the manufacturer or packer should know the implications of the Rationing Order and the Sale of Food Act, and that the packer would strongly object to a retailer interfering with any prepacked preserve or syrup in such manner as might imperil the quality or brand repute of the product, it would appear that the retailer has an adequate defence. He could not, however, rely on a warranty, it not being the custom of the trade to mark a statement of weight on the jars, nor to insert a sufficient warranty in invoices. While the Board of Trade, under powers conferred by Section 9 (1) of the Act of 1926, can make a regulation bringing preserves within the First Schedule to the Act and thus requiring them to be sold only by net weight, this has never been done because manufacturers and packers have emphasised that there are practical difficulties, in my opinion not insurmountable, in guaranteeing the net weight content of a commodity packed gross in containers which may vary appreciably in tare weight. We have recently had evidence of deficiencies of ⅜ oz. and ¾ oz. in jars of golden syrup sold against eight ration coupons and for which the maximum permitted price per pound has been charged. The packers admit the possibility of such deficiencies and, while stating that they are doing their best to give 1lb. net weight they claim that no offence was committed against the Price Control Order in the case of the pack found to be ⅜ oz. short because the value of the shortage was not one farthing, nor was an offence committed against the Sale of Food Act because the deficiency in a single pack sold at the one time was inconsiderable. But the cumulative effect of such a deficiency in thousands of sales must be considerable and the loss to the purchasing public, in an article of food of which they receive so small a ration, is one of some gravity. In taking any legal proceedings for short weight under Section I of the Sale of Food Act, 1926, the Inspector is under an obligation to prove (a) that the deficiency was a considerable one, or (b) that inconsiderable deficiencies existed in a reasonable number of articles of the same kind sold or held for sale at the same time. It would be most undesirable for the Inspector, in seeking to establish proof of short weight, to interfere with, say, a dozen jars of preserves or syrups, having regard to the present supply position. It should not have to be necessary for the Inspector to have to rely on Section I standing alone. If the Board of Trade made a regulation under Section 9 (1) requiring such articles of food to be sold by net weight only, then the manufacturer or packer would need to guarantee the accuracy of weight content and he, I submit, is the person best able to ensure it.

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

In July 1999, a consultation paper was issued by the DTI relating to the modernisation of Part V of the Weights and Measures Act 1985. This was in response to issues concerning the complexity of the legislation, the burden it places on traders, and its appropriateness in the modern trading environment. The research described in this was begun shortly before publication of the document, with the aim of establishing the views of Trading Standards Officers on current problems with the legislation and its enforcement, from the point of view of those who are responsible for its enforcement, and for bringing prosecutions. The research was carried out via a survey, results of which were analysed using exploratory Principal Components Analysis, t‐tests, and correlation analysis. Path analysis was used as a final stage in order to produce a model of the factors that significantly influence officers’ perceptions of the legislation/enforcement.

The large, all‐purpose local authorities established by the Local Government Re‐organization Act, 1972, for England and Wales—Scottish local government re‐organization is yet to be completed—are operative; members have long since been elected and organization and staffing, if not complete, at least ready to commence. It is certainly the greatest upheaval since urban and rural sanitary authorities were set up about the middle of the last century. The last change of any magnitude was in 1934; small, however, compared with 1974. At that time, there were 62 county councils, 83 county boroughs and nearly 300 municipal boroughs, 29 metropolitan boroughs, more than 600 urban and about 500 rural districts; roughly 1,600 local authorities. The tremendous reduction in authorities by the present re‐organization illustrates the extent of the upheaval.

The institution of food and cookery exhibitions and the dissemination of practical knowledge with respect to cookery by means of lectures and demonstrations are excellent things in their way. But while it is important that better and more scientific attention should be generally given to the preparation of food for the table, it must be admitted to be at least equally important to insure that the food before it comes into the hands of the expert cook shall be free from adulteration, and as far as possible from impurity,—that it should be, in fact, of the quality expected. Protection up to a certain point and in certain directions is afforded to the consumer by penal enactments, and hitherto the general public have been disposed to believe that those enactments are in their nature and in their application such as to guarantee a fairly general supply of articles of tolerable quality. The adulteration laws, however, while absolutely necessary for the purpose of holding many forms of fraud in check, and particularly for keeping them within certain bounds, cannot afford any guarantees of superior, or even of good, quality. Except in rare instances, even those who control the supply of articles of food to large public and private establishments fail to take steps to assure themselves that the nature and quality of the goods supplied to them are what they are represented to be. The sophisticator and adulterator are always with us. The temptations to undersell and to misrepresent seem to be so strong that firms and individuals from whom far better things might reasonably be expected fall away from the right path with deplorable facility, and seek to save themselves, should they by chance be brought to book, by forms of quibbling and wriggling which are in themselves sufficient to show the moral rottenness which can be brought about by an insatiable lust for gain. There is, unfortunately, cheating to be met with at every turn, and it behoves at least those who control the purchase and the cooking of food on the large scale to do what they can to insure the supply to them of articles which have not been tampered with, and which are in all respects of proper quality, both by insisting on being furnished with sufficiently authoritative guarantees by the vendors, and by themselves causing the application of reasonably frequent scientific checks upon the quality of the goods.

A comprehensive description of food law enforcement in England and Wales, Scotland and Northern Ireland is presented. The history of food law is described together with the probable consequences of future EEC legislation on the UK situation.

1. The principal legal provisions relating to the composition and description of food and drugs (apart from provisions as to poisons and other special drugs) in force on the 1st January, 1927, are:—