Open Research Online The Open University’s repository of research publications and other research outputs The Local Implementation of the Sale of Food and Drugs Act, 1875 Thesis How to cite: Brian, Janet Margaret (2006). The Local Implementation of the Sale of Food and Drugs Act, 1875. PhD thesis The Open University. For guidance on citations see FAQs. c 2006 The Author https://creativecommons.org/licenses/by-nc-nd/4.0/ Version: Version of Record Link(s) to article on publisher’s website: http://dx.doi.org/doi:10.21954/ou.ro.0000e973 Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk The Local Implementation of the Sale of Food and Drugs Act, 1875 Janet Margaret Brian BA (Hons) MA Department of History The Open University Submitted for the Degree of PhD February 2006 A-vnto R- rvo M 120'3 SOLt- DA'TE" 0 F ~,,~ n I SSI D tV -, t=c:i!> f?.V Nt.'f ,2coG, 1) fT-rr:: 0 F ft1AJ frf!J> 10 ltv a.u sT -:;...0 ob Janet Brian: Abstract of PhD Thesis The Local Implementation of the Sale of Food and Drugs Act, 1875. This thesis investigates the implementation at local level of the Sale of Food and Drugs Act, 1875. The Act, an important milestone in food reform, was introduced in an attempt to control the adulteration of food, drink and drugs which previous legislation had failed to achieve. At central government level, the Local Government Board was responsible for overall administration of the Act, while daily implementation was the responsibility of local governing bodies. The success of the 1875 Act therefore depended on effective local implementation. Key to the Act was the collection of samples from retailers by designated inspectors and the analysis of these samples by official public analysts. Local authorities were responsible for the appointment of public analysts and inspectors and other aspects of the daily working of the Act. The way these responsibilities were discharged had a very real effect on the outcome of the legislation. Many local authorities failed to implement the Act and the Local Government Board proved ineffective in enforcing compliance. Public analysts and inspectors were also hampered in the daily administration of the Act by many practical constraints, as a result the effectiveness of the 1875 Sale of Food and Drugs Act has to be re-evaluated. Acknowledgements Many people have assisted me during my research. My first supervisor, the late Dr David Englander, was always a cheery and enthusiastic supporter who provided welcome encouragement in the early years. "would like to thank my present supervisors Professor Rosemary O'Day and Dr Gerrylynn Roberts for their advice and support. I am grateful to Dr Roberts, who came into the supervision at a later stage and provided focus, many judicious comments and a great deal of encouragement. I would also like to thank Valerie Humphrey and Lynda White who have patiently fielded numerous phone calls and enquiries. lowe a debt of gratitude to many librarians and archivists especially staff at The National Archives, the British Library, Essex Record Office at Chelmsford, Stratford Archive and Local Studies Centre, London Metropolitan Archives and Senate House Library. Ross Woollard, History Librarian at Senate House has been especially helpful. I am very grateful to Dr Christine Garwood, Dr Nicholas Reeves and Dr Anna Simmons for their support, advice and many helpful discussions. I would also like to thank my many friends and work colleagues for their support and encouragement especially Christine Maggs, Megan Thomas and Pamela Quinn. A special thank-you must go to my family who have lived with this thesis for many years. Kate and Alex encouraged me to keep going and Nick who, with patience and good humour, has proof-read many drafts and always provided unstinting support. II Table of Contents Page Introduction 1 Chapter One: Adulteration before 1860 9 Adulteration before the Nineteenth Century 10 Fredrick Accum and his Treatise of 1820 18 Changes in Retailing Patterns 26 The Consumer and Adulteration 32 The Lancet's Analytical Sanitary Commission 1851-1854 36 Adulteration and Health 50 Dr John Postgate (1820-1881) 54 Select Committee on Adulteration of Food 1855 56 Voluntary Initiatives 61 Summary 64 Chapter Two: The Food Acts of 1860, 1872 and 1875 65 A Failed Legislative Initiative 66 III The 'Bradford Poisonings' 1858 67 'Intolerability' and Social Reform 70 Adulteration of Food and Drink Act, 1860 73 Anti-Adulteration Pressure Groups 80 Trade Publications 83 Agitation for Reform of the 1860 Act 86 Adulteration of Food, Drink and Drugs Act, 1872 87 Anomalies and Omissions in the 1872 Act 88 Select Committee on Adulteration of Food Act (1872) 1874 92 Sale of Food and Drugs Act, 1875 100 Summary 105 Chapter Three: 106 Central and Local Administration of the 1875 Act The Local Government Board (LGB) 108 The Excise Chemists 116 Local Government in 1875 122 IV The Public Analyst 125 The Medical Officer of Health (MOH) 132 The Inspectors Nominated to Collect Samples 136 Summary 149 Chapter Four: Local Implementation of the 1875 Act. 151 Part I: Sample Collection Inspectors Appointed under the 1875 Act 151 Sample Collection 153 Practical Difficulties with Sample Collection 157 Ambiguous Lines of Authority 170 The Public and Sample Collection 176 Assaults on Inspectors 177 Milk Samples 180 Anomalies and Omissions in the 1875 Act 182 The Margarine Act 1887 186 Number of Samples Collected 188 Summary 196 v Chapter Five: Local Implementation 198 Part II: Sample Analysis The Appointment of Public Analysts 199 Sample Analysis 206 Practical Difficulties 208 Anomalies and Omissions in the 1875 Act 214 Prosecutions and Convictions 220 The 'Cou rt of Reference' at Somerset House 226 Fines for Adulteration Offences 235 Magistrates 240 Adulteration as White-collar Crime 244 Local Councils and the Prosecution Process 246 LGB Figures for Prosecutions 248 LGB Figures for Adulteration 248 Summary 250 Chapter Six: The Implementation of the 1875 Act in Essex 251 Background 254 VI The Essex Police Structure 258 The Police and Sample Collection in Essex 260 Public Analysts 266 The First County Analysts 270 West Ham Local Board and the Adulteration Acts 274 Thomas Alexander Pooley (1840-1904) 281 Public Analyst for Essex 1881-1904 Discrepancies in Official Adulteration Statistics 284 Sample Collection and Analysis within Essex 287 Prosecutions and Convictions 301 Summary 307 Summary and Conclusion 310 Bibliography Primary Sources 318 Archives 318 Parliamentary Papers 324 Newspapers and Journals 325 VII Books and Articles 326 Secondary Sources Books and Articles 331 Theses 345 Tables: Sample Numbers 1877-1900. 188 Sample Numbers and Percentage Found Adulterated 1881-1901. 249 Sample Numbers in Essex 1881-1901. 291 Graphs: Percentage of Samples Adulterated. Essex Compared to all of England and Wales. 287 Percentage of Milk Samples Adulterated. Essex Compared to all of England and Wales. 297 Illustrations: Title page from Accum's Treatise, 1820. Following 20 'The Great Lozenge-Maker'. II II 68 VIII The 'double morality' of Victorian shopkeepers. II II 246 'Innocence at the Bar'. II II 305 Map: The County of Essex in 1861 II II 253 IX Abbreviations BL - British Library BMA - British Medical Association BMJ - British Medical Journal ERO - Essex Record Office LGB - Local Government Board LMA - London Metropolitan Archives MOH - Medical Officer of Health SPA - Society of Public Analysts TNA - The National Archives x Introduction The Sale of Food and Drugs Act, 1875 was introduced in England and Wales, Scotland and Ireland in an attempt to control the adulteration of food, drink and drugs. With some amendments, this legislation formed the basis of British food law until the mid-twentieth century.1 Adulteration was not a phenomenon peculiar to the nineteenth century as it had been practised since earliest times. However, by the middle part of the nineteenth century, investigations spearheaded by medical reformers indicated that adulteration had become so prevalent that it had serious medical and economic implications. Adulteration acts legislated in 1860 and 1872 had done little to effect an improvement, and reformers hoped that the extended provisions of the 1875 Act would provide the legislative control necessary to do SO.2 At central government level, the Local Government Board (LGB) was responsible for overall administration of the Act. Key to the new Act was the collection of samples from retailers by designated inspectors and the analysis of these samples by official public analysts. Local authorities remained entirely responsible for the appointment of inspectors and public analysts and could decide whether, or not, to make appointments as the Act remained permissive on this issue. Allowing so much scope for local initiative, or lack of it, was an important feature of the Act which affected its impact. While the 1875 Act also covered the adulteration of drugs this is a subject that raises a number of 1 The Sale of Food and Drugs Act, 1875, (38 & 39 Vict. c. 63). 2 Adulteration of Food and Drink Act, 1860, (23 & 24 Vict. c. 84). Adulteration of Food, Drink and Drugs Act, 1872, (35 & 36 Vict. c. 74). 1 separate issues, including changes in pharmacological understanding and therapeutic drug use, and will therefore not be discussed in detail in this study. It is the implementation in England of the 1875 Sale of Food and Drugs Act at local level, especially as regards food adulteration, that will be the focus of this thesis. While many broad histories of food make passing reference to the adulteration issue, until comparatively recently there was little in the way of authoritative work on the subject.3 One exception is the work of John Burnett who, in his studies of dietary history in England, sees adulteration as an important part of this history.