Milk. As to the sale of unwholesome milk, see (English) Public Health Act, 1875, ss. 116-119; and see, generally, (English) Food and Drugs (Adulteration) Act, 1928, under which sampling powers are given and power to analyse samples, etc. (ss. 13 et seq.); and (English) Public Health Amendment Act, 1907, ss. 53 and 54. See, further, the (English) Milk and Dairies (Consolidation) Act, 1915 (5 & 6 Geo. 5, c. 66), as amended by the (English) Milk and Dairies (Amendment) Act, 1922, making provision for the sale of milk and the regulation of dairies. If the premises are unsuitable for the sale of milk, the sanitary authority may refuse to register or may remove from the register the names of dairymen [(English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50), s. 185]. See also the (English) Mils (Special Designations) Order Mils) Regulations, 1923, No. 1323; Public Health (Condensed Mils) Regulations, 1925, No. 509; Mils and Dairies Order, 1926, No. 821: Mils (Special Designations) Order, 1934, No. 1317. The Scotch Act is 4 & 5 Geo. 5, c. 46.
In common parlance 'milk' means the full cream milk as milched from the cattle. It becomes skimmed milk when cream, i.e. fat is extracted from milk. Thereafter the skimmed milk which also can be called a form of preparation of milk is known as such. It becomes easy to digest and is used in preparation of other milk products, which are different from the milk products prepared from full cream milk, Healthways Dairy Products Company v. Union of India, AIR 1976 SC 2221: (1976) 2 SCR 93: (1976) 2 SCC 887.
Addition of water to milk also amounts to adulteration within the meaning of s. 2(i) Iia) after amendment by Act 34 of 1976 (b), (c) or (d). While 'milk' is a generic term, the identity of the article of food is dependent on the source. 'Cow's milk', 'buffalo's milk', 'goat's milk', 'camel's milk', 'horse's milk', 'donkey's milk' are all different from each other and are consumed by different sections of people, sometimes for ailment, sometimes for improving health and, in the case of 'horse's milk', for exhilaration and nourishment. Shortly put, they are different articles of food and the same of one cannot be appropriated for the other by a seller without being tracked down by s. 2(ix)(c), Kisan Trimbak Kothula v. State of Maharashtra, AIR 1977 SC 435: (1977) 2 SCR 102: (1977) 1 SCC 300.
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