British Food Journal Volume 69 Issue 6 1967

With the drastically changed pattern of the retail food trade in recent years in which the retailer's role has become little more than that of a provider of shelves for commodities, processed, prepared, packed and weighed by manufacturers, the defence afforded by the provisions of Section 113, Food and Drugs Act, 1955 has really come into its own. Nowadays it is undoubtedly the most commonly pleaded statutory defence. Because this pattern of trade would seem to offer scope for the use of the warranty defence (Sect. 115) in food prosecutions it is a little strange that this defence is not used more often.