Legal Notes: Watford Borough Council v Maypole Dairy Co. Ltd.

9 Legal Notes WATFoRD BoRoucH CouNCrL v Mlyporr DAtRy Co. ofthe Foodand Drugs Act, 1955, of selling a pre-packed blackcurrant and apple pie not of the quality demanded in that it was mouldy. The Ma-sistrates held that the defend- ants could rely on the warranty defence available to them under S.I I5 (t). Subject to the provisions of this section. in any proceedines for an offence under this Act or any regulations made thereunder. being an offence consisting of selling, or offering, exposing or advertising for sale. or har ing in possession for the purpose of sale, any article or substance, it shall be a delence for the defendant to prove :- (a) that he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid, or, as the case may be, could lawfully be sold or dealt with under the name or description or lor the purpose or for which he sold or dealt with it, and with a written warranty to that effect, and (b) that he had no reason to