Abstract

Over the years we have reported prosecutions where the defence has alleged, and with circumstantial support that the presence of a harmful foreign body in food was deliberate through the action of a single disgruntled employee or where the labour relations climate generally has been bad. It makes no difference to the manufacturer's responsibility—the offence is an absolute one—but occasionally courts have allowed it in mitigation. Sometimes, it has been the nature of the extraneous material, e.g. fragments of glass or metal, the like of which did not exist in the factory premises or plant. This may be taken as a symptom of the vandalism of the age, but more recently, two incidents have drawn attention to its dangers and provided a glimpse of the criminal mind which can inflict such injury on employers, and expose innocent consumers, of all ages, to possible harm.

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