THE DAIRY PRODUCE ACTS, 1920 to 1963

Transcription

1 371 THE DAIRY PRODUCE ACTS, 1920 to 1963 Dairy Produce Act of 1920, 10 Geo. 5 No. 15 Amended by Dairy Produce Act Amendment Act of 1932, 23 Geo. 5 No. 22 Dairy Produce Acts and Other Acts Amendment Act of 1934, 25 Geo. 5 No. 11 Dairy Produce Acts Amendment Act of 1935, 26 Geo. 5 No. 25 Dairy Produce Acts Amendment Act of 1938, 2 Geo. 6 No. 13 Dairy Produce Acts Amendment Act of 1938 (No.2), 2 Geo. 6 No. 24 Dairy Produce Acts Amendment Act of 1939, 3 Geo. 6 No. 18 Diseases in Stock Acts and Other Acts Amendment Act of 1940, 4 Geo. 6 No. 11 Part III Dairy Produce Acts Amendment Act of 1941, 5 Geo. 6 No. 19 Dairy Produce Acts Amendment Act of 1944, 8 Geo. 6 No. 13 Diseases in Stock Acts and Another Act Amendment Act of 1944, 9 Geo. 6 No.6 Part III Dairy Produce Acts Amendment Act of 1952, 1 Eliz. 2 No.6 Dairy Produce Acts Amendment Act of 1959, 8 Eliz. 2 No. 13 Dairy Produce Acts Amendment Act of 1963, No. 37 An Act to Regulate Dairy Produce, and for other incidental purposes [Assented to 10 February 1920] 1. Short title. This Act may be cited as "The Dairy Produce Act of 1920." Collective title was conferred by Act of 1963, No. 37, s Repeal. "The Dairy Produce Acts, 1904 to 1911," are repealed: Provided that, without limiting the operation of "The Acts Shortening Acts"- (a) All orders and notifications made and published all appointments made all regulations and forms made and promulgated all districts constituted and all things done or purporting to be done under the said repealed Acts and generally all acts of authority originated under the said repealed Acts and in force or subsisting at the passing of this Act, shall continue in full force and effect, and shall, so far as is consistent with this Act, be deemed to have been made, published, promulgated, constituted, done, and originated under and for the purposes of this Act; (b) All matters and proceedings commenced under the said repealed Acts, and pending or in progress at the passing of this Act, may be continued, completed, and enforced under this Act. Act referred to: Acts Shortening Acts. See now Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 82.

2 372 DAIRY PRODUCE Vol Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:- "Agent" means any person who on behalf of an owner or as a broker or factor takes delivery of dairy produce for the purposes of sale or disposal otherwise than by sale; "Analyst"-An analyst appointed in accordance with the provisions of this Act; "Approved"-Approved under this Act, or by the Minister, or by a State officer deputed by him either generally or for any particular purpose; "Association"-Any body of persons corporate or un incorporate other than a company; "Bail"--An approved structure forming that part of a shed wherein cows are fastened for the purpose of milking; "Butter"-The fatty substance obtained by the mechanical agitation of milk or cream; "Butter-fat"-The pure fat of milk; "Cheese"-The solid product obtained by coagulating the caseinogen of milk by means of approved rennets, pepsins, or acids, with or without the addition of ripening ferments or approved seasoning ingredients; "Cold store"-premises approved as a cold store for the examination, grading, marking, weighing, storage, and delivery of dairy produce; "Company"' means and includes every body corporate howsoever incorporated, and whether under the laws of Queensland or elsewhere, and wherever the head or principal office or principal place of business may be: without limiting the generality of this definition, the term also means and includes any company registered or deemed to be registered under "The Companies Act of 1931" (or any Act amending the same) or any primary producers' co-operative association registered under "The Primary Producers' Co-operative Associations Acts, 1923 to 1926" (or any Act amending the same); "Condensed milk"-milk condensed or concentrated by any method whatsoever; "Conveyance" includes every description of car, cart, carriage, conveyance, wagon, truck, railway or tramway vehicle, or other vehicle, also any vessel; "Cream"-The product of whole milk obtained by centrifugal separation or other method; "Dairy" includes land, premises, and buildings used in connection with the production of milk or cream; "Dairy-house"-Any room or place used in a dairy as a separatorroom, milk-room, or room for the storage of dairy produce or dairy utensils;

3 DAIRY PRODUCE ACTS, 1920 TO 1963 s "Dairy produce"-milk, cream, butter, cheese, processed cheese, condensed milk, dried milk in any form, and any other product of milk or cream; "Dairy produce premises"-a cold store, dairy, depot, factory, milkshop, and any place where dairy produce is deposited, treated, dealt with, or sold; or where dairy utensils are held for storage and/or cleansing; "Depot"-Any building, structure, or other place where milk or cream is deposited for the purpose of weighing, measuring, sampling, testing, or grading pending consignment or reconsignment to any other dairy produce premises, or where milk or cream is held for distribution for or upon sale by wholesale or is subjected to any treatment other than pasteurisation; "Director or Dairying"-The Director of Dairying or the person for the time being carrying out the duties of that office; "Disease"-Any disease in human beings or stock mentioned in the First Schedule to this Act, and any disease of an infectious or contagious nature likely to contaminate dairy produce which the Governor in Council may by Order in Council bring under this Act; "Expert"-A State officer appointed as an expert under this Act; "Factory"-Any building, structure, or other place where milk or cream is subjected to pasteurisation, or is packed into bottles or cartons, or where butter, cheese, processed cheese, condensed milk, dried milk, or any other product of milk or cream is treated, prepared, or manufactured; "Firm"-Any firm registered under "The Registration of Firms Acts, 1902 to 1912" (or any Act amending the same); "Grading" (with its derivatives)-the classification of dairy produce according to quality; "Health Acts"-"The Health Act Amendment Act of 1886" and "The Health Acts, 1900 to 1917," and any Act amending or in substitution for thosc Acts or any of them; "Inspector"-An inspector appointed under this Act; "Mark" includes any brand, stamp, or classification mark; "Milking shed"-an approved structure containing the bails and forming the covered-in portion of a place where cows are gathered for the purpose of milking; "Milkshop"-Any building, structure, or place or any stall or conveyance in which milk is sold by retail; "Milking yard"-an enclosed area where cows are held adjacent to the milking shed prior to or after milking; "Minister"-The Minister for Primary Industries or other Minister of the Crown for the time being charged with the administration of this Act; "Officer"-Any person in the employ of the Crown and attached to the Department administered by the Minister; "Owner"-The owner, whether jointly or severally: the term includes the owner's agent or manager; and in the case of a company, association, or firm, the manager, secretary, or

4 374 DAIRY PRODUCE Vol. 4 other principal officer thereof: so far as relates to any premises whatsoever, the term includes the person having the charge, management, or control of the same; "Package" includes cask, keg, crate, can, box, case, wrapper, tin, and every other receptacle, container, or covering; "Pasteurisation"-The efficient treatment by heating and cooling carried out in accordance with the prescribed method or methods and by the use of approved equipment of milk, cream, or other dairy produce; "Person"-Includes a company, partnership, or any body or association of persons corporate or un incorporate; "Prescribed"-Prescribed by this Act; "Processed cheese"-any cheese that has been submitted to the process of comminution, pasteurisation, and/or re-emulsification; "Pure milk"-the whole of the milk, including the strippings, drawn at the time of milking: the term does not include milk which contains colostrum or less than the prescribed percentage of butter-fat or less than the prescribed percentage of solids other than butter-fat, or is mixed with any preservative or chemical or foreign matter of any kind whatsoever, or is the milk of a cow suffering from any disease; "Registered"-Registered under this Act; "Regulations"-Regulations made under this Act; "Sale" (with its derivatives) includes barter and exchange and supply for profit, and also offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending forwarding or delivering for sale or causing or suffering or allowing to be sold offered or exposed for sale, and refers only to selling for the food of man; "Separated milk"-milk of whole milk after the cream has been separated, and to which nothing has been added; "Stock"-Stock within the meaning of the laws relating to diseases in stock; "This Act"-This Act and any Orders in Council and regulations made thereunder; "Under Secretary"-The Director-General and Under Secretary, Department of Primary Industries: The term includes any person who for the time being occupies the office or performs the duties of the Under Secretary; "Vessel" includes a ship and boat and every kind of vessel used in navigation. Any reference in this Act to any other Act shall be deemed to include a reference to any later Act amending or in substitution for that other Act. As amended by Act of 1932, 23 Geo. 5 No. 22, s. 2; Act of 1934, 25 Geo. 5 No. 11, s. 2; Act of 1935, 26 Geo. 5 No. 25, s. 2 (a)-cf); Act of 1938, 2 Geo. 6 No. 13. s. 2; Act of Eliz. 2 No.6, s. 2; Act of 1963, No. 37, s. 2. Acts referred to: Companies Act of See now the Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2. Primary Producers' Co-operative Associations Acts, 1923 to 1962, title PRIMARY PRODUCE.

5 DAIRY PRODUCE ACTS, 1920 TO 1963 ss.3 5A 375 Registration of Firms Acts, 1902 to See now the Business Names Act of 1962, title MERCANTILE LAW. Health Act Amendment Act of 1886, title HEALTH. Health Acts, 1900 to See now the Health Acts, 1937 to 1962, title HEALTH. As to the operation of the amendments made by the Dairy Produce Acts and Other Acts Amendment Act of 1934, see s. 9, p As to margarine, see the Margarine Act of 1958, title AGRICULTURE, Vol. 1, p "Stock"-See the Stock Acts, 1915 to 1960, title STOCK. 4. Application of Act. ( 1) This Act shall be in force in such districts as the Governor in Council shall from time to time declare by Order in Council. With respect to every such district the provisions of the Health Acts and any regulations or by-laws made thereunder relating to dairy produce premises shall be suspended. (2) Provided that- (i) This Act shall not be applicable to any case where dairy produce is intended for the use of any owner for consumption on his premises, and is not distributed or sold; (ii) This Act shall not be taken to repeal or limit the operation of the provisions of any Act with respect to the sale of food in a pure and sound state. With respect to second paragraph of subsection (1) see the Health Act of 1937, s. 6 (2), title HEALTH. Certain sections are in force throughout Queensland. See the Dairy Produce Acts and Other Acts Amendment Act of 1934, s. 9, p Inspectors, experts, etc. ( 1) The Governor in Council may from time to time appoint such inspectors, analysts, experts, and other officers as may be necessary for the effectual execution of this Act. (2) No inspector, analyst, expert, or officer shall, by himself or his partners, have any interest directly or indirectly in any dairy produce premises, or in any trade or business connected therewith. Every inspector, analyst, expert, or officer who violates this provision shall be dismissed by the Minister, and shall be disqualified for reappointment. (3) Every inspector under this Act shall, for the purposes of this Act, have all the powers and functions of an inspector under the Health Acts. As amended by Act of 1938,2 Geo. 6 No. 13, s. 3. Every inspector appointed under these Acts is without further appointment also an inspector under the Margarine Act of See s. 4, title AGRICUL TURE, Vol. 1, p SA. Power of Minister to delegate. (1) The Minister may from time to time in relation to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand delegate all or any of his powers, authorities and functions under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, authorities and functions may

6 376 DAIRY PRODUCE Vol. 4 be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, authorities and functions under this Act as may be specified in the instrument of delegation to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform without further or other authority, and while he holds or occupies or performs the duties of that office, the delegated powers, authorities and functions with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. (2) Where, by or under this Act, the exercise of a power, authority or function of the Minister is dependent upon the opinion, belief or state of mind of the Minister, in relation to any matter, that power, authority or function may be exercised upon the opinion, belief or state of mind of the person to whom it is delegated by an instrument of delegation under this section. (3) The Minister may, at his will, revoke a delegation made by him under this section. No delegation shall prevent the exercise of any power, authority or function by the Minister. (4) The Minister may make such and so many delegations under this section and to such number of persons and either at anyone and the same time or from time to time as he may consider necessary or desirable. Inserted by Act of 1959, 8 E1iz. 2 No. 13. s Registration of premises. ( 1) Every owner of any of the following dairy produce premises, namely, a dairy, cold store, depot or factory shall register and at all times keep registered under this Act in his own name his dairy produce premises. In the case of the registration or renewal of registration of a factory at any time after the passing of "The Dairy Produce Acts Amendment Act of 1963," the certificate of registration or, as the case may be, of renewal of registration shall specify the purpose or purposes for which the owner is authorised by the registration to use the factory as such. (2) Subject to this Act- (a) A registration of a dairy, when granted, shall continue in force until cancelled. (b) In all other cases, a registration when first granted shall remain in force until the thirty-first day of December next ensuing, and shall be renewed on or before the first day of January in each year. (3) Fees for registrations or renewals of registration shall be payable in accordance with the following scale:- s. d. Cold store 3 o 0 Depot 1 o 0 Factory 3 o 0 Such a fee shall not be payable in the case of a dairy.

7 DAIRY PRODUCE ACTS, 1920 TO 1963 ss. 5A-6A 377 ( 4) In all cases application for registration, and in all cases (except dairies) application for renewal of registration, shall be made by the owner in the prescribed manner accompanied by the prescribed fee (where a fee is payable). ( 5) No person shaii- (a) Use or suffer to be used any premises as a dairy, cold store, depot, or factory unless such premises are at the time registered under this Act; (b) Manufacture or process or commence to manufacture or process any dairy produce at a factory unless such factory is at the time registered under this Act in his name as owner; (c) Use any factory or any part thereof for the purpose of manufacturing or processing any dairy produce unless such factory is at the time of such manufacture or processing registered under this Act in his name as owner; ( d) Suffer any factory registered under this Act in his name as owner or any part thereof to be used by any other person for the purpose of manufacturing or processing dairy produce; (e) Without the consent in writing of the Minister first obtained, sell or let or agree to sell or let or part with the possession of any factory registered under this Act in his name as owner or any part thereof, or share with any person the occupancy or use of any such factory or any part thereof. ( 6) An owner of a factory the certificate of registration or of renewal of registration whereof specifies the purpose or purposes for which the registration authorises him to use the same, shall not use the factory as such for any purpose not specified in such certificate. (7) When any person ceases to use any registered premises as a dairy produce premises he shall so notify in writing to the Under Secretary in the manner prescribed, and thereupon the registration of such premises shall be transferred or cancelled. (8) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds, and if such offence is continued after a conviction therefor liable to a further penalty of not more than five pounds for each and every day during which such offence is so continued. As amended by Act of 1935, 26 Geo. 5 No. 25, s. 3; Act of 1938, 2 Geo. 6 No. 13, s. 4; Aot of 1944, 8 Geo. 6 No. 13, s. 2; Act of 1963, No. 37, s. 3. For penalties, see s. 31. A dairy farmer is a primary producer within the meaning of the Primary Producers' Organisation and Marketing Acts, 1926 to See s. 2 of those Acts, title PRIMARY PRODUCE. As to registration of milk-sellers' premises, see the Health Acts, 1937 to 1962, s. 115, title HEALTH. 6A. Power of Minister with respect to registrations and licenses. The Minister may from time to time determine the terms and conditions upon which any registration or any license under this Act or any transfer thereof shall be granted, renewed, or issued, and may at any time and from time to time consequent on this power institute any inquiry, call any witnesses, or do any such things as are necessary to arrive at a true

8 378 DAIRY PRODUCE Vol. 4 determination of the position, and then may at any time refuse to grant or without notice revoke or cancel, any such registration or license or renewal or transfer of a registration or license, and in any such case without assigning any reason for so doing: Provided that the Minister shall not refuse to grant a renewal of or revoke or cancel any such registration or license without the approval of the Governor in Council. For the purposes of this section the Minister shall have and may exercise all of the powers, authorities, jurisdiction, and protection of a commission under and within the meaning of "The Official Inquiries Evidence Acts, 1910 to 1929." Inserted by Act 1938, 2 Geo. 6 No. 13, s. 5. Act referred to: Official Inquiries Evidence Acts, 1910 to 1929, see now Commissions of Inquiry Acts, 1950 to 1954, title EVIDENCE. As to the Minister's powers of delegation, see s. 5A. 7. Inspector to have powers with respect to diseased stock. With respect to stock on any dairy, every inspector for the purposes of this Act shall have and may exercise all or any of the powers of and shall be deemed to be an inspector appointed under the laws in force for the time being relating to diseases in stock, and the provisions of those laws shall apply accordingly. 8. Inspection of premises, etc. ( 1) Subject to this Act, an inspector may at any reasonable time- (i) Enter and inspect any dairy produce premises or conveyance, or any shop, store, premises, or place where stock are depasturing or where dairy produce or any ingredients or materials used in the preparation manufacture or packing of the same may be stored or for sale, and all dairy produce and ingredients and materials, and all stock and all utensils, machinery, apparatus, and works thereat or therein and any water supplied to stock or used in connection with dairy produce; and if he thinks fit take samples of dairy produce or any such ingredients materials or water; (ii) Enter and inspect any cooling chamber or conveyance used for the storage or carriage of dairy produce; (iii) Open or order to be opened any package which contains, or is suspected to contain, dairy produce, or any ingredients used in the preparation or manufacture of the same, for the purpose of inspection or taking samples of dairy produce or ingredients or any materials. (iv) Call to his aid- (a) Any member of the police force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties; or (b) Any officer he may think competent to assist him in such inspection and examination; (v) Question, with respect to matters under this Act, the occupier of any place or premises mentioned in paragraph (i) of this subsection, or the person in charge of any conveyance, any person whom he finds in or on any such place or

9 DAIRY PRODUCE ACTS, 1920 TO 1963 ss.6a premises or in or on any conveyance, and require any such person to answer the questions put and to sign a declaration of the truth of his answers; (vi) Require the production of any certificate of registration or of any books, accounts, documents or records relating to the manufacture, treatment, sale, storage, or dealing otherwise howsoever with any dairy produce, and inspect, examine and take copies of or extracts from the same. (2) An inspector may deliver or cause to be delivered any sample of dairy produce ingredient material or water to an expert for examination or to an analyst for analysis and the expert or analyst shall, upon receipt of the sample, with all convenient speed examine or, as the case may be, analyse the same and give a certificate of the result of the examination or analysis in the prescribed form or in that form varied to adapt the same to circumstances. (3) A person shall not be required under this section or under any other provision of this Act to answer any question, or to give any information or evidence, or to sign any declaration tending to criminate himself. As amended by Act of 1952, 1 Eliz. 2 No.6, s. 3, and Act of 1963, No. 37, s.4. As to the inspector's powers after inspection, see ss. 9, When premises unclean, etc. If after inspection an inspector is satisfied that- (i) Any dairy is so situated that the area within the fences of the property constituting the dairy is less than one acre; or (ii) Any dairy produce premises or cooling chamber or conveyance, or any utensil machinery apparatus or work is in an unclean or unwholesome condition or is otherwise unfit or defective for the purposes of dairy produce; or (iii) Any stock at a dairy are diseased; or (iv) Any person is affected with disease so that any dairy produce is likely to be contaminated; or (v) The water used in connection with any dairy produce premises is impure or unwholesome; or (vi) Any ingredients or materials are prohibited or are otherwise unfit; he may, by order in writing under his hand addressed to the owner of the dairy produce premises, cooling chamber, or conveyance, or his agent, or to the consignor or owner of the dairy produce ingredients or materials or his agent, as the case may be, without further name or description- (a) In the case of a dairy to which paragraph (i) hereof applies, order the dairy to be closed; (b) Order such dairy produce premises, cooling chamber, or conveyance, and all such utensils, machinery, apparatus, or work, as the case may be, to be forthwith cleansed, disinfected, and rendered wholesome to his satisfaction;

10 380 DAIRY PRODUCE Vol. 4 (c) Forbid any utensils, machinery, apparatus, or work, or any dairy produce premises, cooling chamber, or conveyance, to be used for the purposes of dairy produce, either wholly or until any defects have been remedied to his satisfaction, or for such time as he thinks necessary; (d) Forbid the removal from any dairy produce premises or conveyance of any dairy produce for such time as he thinks necessary or until the requirements of this Act are complied with; (e) With respect to stock, exercise all or any of the powers conferred upon him; (f) Order any person or employee engaged in the working of any dairy produce premises or conveyance to obtain forthwith and deliver to an inspector a certificate from a legally qualified medical practitioner that such person or employee is free from disease; (g) Order the removal or isolation of any person affected with disease of an infectious or contagious nature likely to contaminate dairy produce: Provided that the inspector shall first obtain the certificate of the health officer of the district in which the premises are situated, or of some legally qualified medical practioner, that the disease with which such person is affected is a disease affecting human beings within the meaning of this Act; (h) Order the supply of water to be discontinued, and a supply of pure water to be used; (i) Order the use of any ingredient or materials to be discontinued. As to drafting out dis~ased stock, see s Condemnation. If an inspector is satisfied that- (i) Any dairy produce inspected by him is unfit for the food of man; (ii) Any dairy produce is being or has been removed, sold, or delivered contrary to this Act; (iii) Any dairy produce does not comply with the standard prescribed for it; (iv) Any preservatising agent or colourisation agent used or intended to be used in connection with the treatment, preparation, holding, or manufacture of dairy produce, or any disinfectant, does not comply with this Act or by reason of its composition is unsuitable; he shall by order condemn the same. All dairy produce preservatising agents, colourisation agents, or disinfectants which has or have been condemned shall become the property of the Crown, and shall be disposed of as the Minister directs or as may be prescribed; Provided that when any dairy produce has been condemned under and pursuant to paragraph (iii) of this section the Minister may in his absolute discretion permit the owner thereof to comply with the prescribed

11 DAIRY PRODUCE ACTS, 1920 TO 1963 ss standard in respect of same, and if the owner concerned makes such compliance within such time as is directed by the Minister the Minister may release the dairy produce concerned from condemnation under this section. As amended by Act of 1938, 2 Geo. 6 No. 13, s. 6; Act of 1938 (No.2), 2 Geo. 6 No. 24, s. 2. As to the seizure and destruction of margarine, see the Margarine Act of 1958, s. 23, title AGRICULTURE, Vol. 1, p Inspector to report orders. The inspector shall as soon as may be make a report to the Minister of all orders made by him under this Act. lla. Steam sterilisers and water boilers in dairies. (1) Every owner of a dairy where a milking machine is installed shall install, maintain, and use either an approved steam steriliser or an approved water boiler of a prescribed type for the purpose of cleansing and sterilising that milking machine and any other apparatus or any utensil used, or any work requiring cleansing and sterilising done, in that dairy. (2) No person shall install or use in any dairy any steam steriliser which is not approved, or any water boiler which is not of a type prescribed for the purposes of this section or being of such a type is not approved. Substituted by Act of Eliz. 2 No.6, s Owner to give notice of disease. Every owner of a dairy when disease appears in any stock at the dairy, and every owner of any dairy produce premises or conveyance when any person is found thereon to be affected with disease or may reasonably be suspected to be infected with disease shall forthwith after discovering the fact give notice thereof to the nearest inspector or to the Under Secretary. The owner of the dairy shall also forthwith draft out and continue to keep separate all such diseased stock from the stock not suffering from disease, and shall not mix the dairy produce obtained from such stock with other dairy produce, or sell or use, or cause to be sold or used, the same in any way for the food of man or of any animal. The owner of the dairy produce premises or conveyance shall also, as far as practicable, isolate and keep isolated all persons so affected with disease or reasonably suspected to be infected with disease. Every owner of a dairy who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. As amended by Act of 1938, 2 Geo. 6 No. 13, s. 7. As to inspector's power to order removal or isolation of any person having an infectious or contagious disease likely to contaminate dairy produce, see s. 9 (g). As to the removal of infected persons to hospital at the cost of the local authority, see the Health Acts, 1937 to 1962, ss. 36, 37, title HEALTH. As to the exposure of infected persons in a public conveyance, see ibid., s. 41. As to the cleansing and disinfecting of articles likely to retain infection or contagio:n, see ibid., ss. 38, 39.

12 382 DAIRY PRODUCE Vol. 4 As to the offence of selling or knowingly using the milk of an infected cow, see also ibid., s As to veterinary medicines, see the Agricultural Standards Acts, 1952 to 1963, s. 7, title AGRICULTURE, Vol. 1, p. 268, and,the Agricultural Standards (Veterinary Medicine) Regulations made under that Act. 12A. (Repealed.) Repealed by Act of 1944, 8 Geo. 6 No. 13, s B. (Repealed.) Repealed by Act of 1963, No. 37, s c. When stud female stock to undergo official test. (1) The owner of any female stock which are registered in any approved herd book and which are eligible for any butter fat test qualifying female stock for entry into the advanced register of such herd book or which, having been entered in such advanced register, are eligible for any further butter fat test relating to such entries, shall, if required by the Director of Dairying, submit all or any of such stock to such official butter fat test as may be approved from time to time as the butter fat test for which such female stock are so eligible. (2) No head of female stock shall be withdrawn from any such official test so required without the consent of the Director of Dairying first had and obtained. (3) Any head of female stock which is eligible for any such test and which has submitted to and fulfilled the requirements of the official test so required in its case shall be marked by an inspector in the prescribed position with the prescribed mark. ( 4) An inspector may mark in the prescribed position with the prescribed mark the progeny of any female stock which has been duly marked by an inspector under the provisions of subsection three of this section. (5) Any person other than an inspector who marks any stock wij:h any prescribed mark referred to in subsection three or subsection four of this section shall be guilty of an offence and liable to a penalty of not more than one hundred pounds, and not less than thirty pounds. Inserted by Act of 1939, 3 Geo. 6 No. 18, s D. Owner to confine swine. The owner of any swine shall so confine them that they shall not be permitted to be or to approach or to remain within one hunred and fifty feet of any dairy produce premises wherein dairy produce is produced, treated or stored and if he fails so to do he shall be guilty of an offence and liable to a penalty of not more than fifty pounds. Inserted by Act of 1935, 26 Geo. 5 No. 25, s. 4. As amended by Act of 1938, 2 Geo. 6 No. 13, s. 9; Act of 1938, (No.2), 2 Goo. 6 No. 24, s. 4; Act of 1939, 3 Geo. 6 No. 18, s. 4; Act of 1963, No. 37, s. 6. As to the offence of keeping swine or a pigsty in a dwelling-house or in any place so as to be a nuisance to any person, see the Health Acts, 1937 to 1962, s. 87, title HEALTH. See further the Pig Industry Act of 1933, title PIG INDUSTRY.

13 DAIRY PRODUCE ACTS, 1920 TO 1963 ss Owner to furnish information to inspector. (1) Forthwith upon the request of an inspector, every owner of any dairy produce premises or conveyance, and every seller of dairy produce, shall- (a) Furnish to the inspector a list of the persons supplying dairy produce to such owner or seller; (b) Give to the inspector any personal assistance and information which he is capable of giving, to aid the inspector in searching for and discovering the cause of any defect or deterioration in dairy produce, or any source of contamination infection or disease to which stock or dairy produce may be exposed. (2) The Director of Dairying or any officer authorised by him may at any time require the owner of a factory where milk or cream is held for distribution by wholesale or is treated or pasteurised to supply him with information detailing the sources of the supply of any cream received or sold by him. (3) Every person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. As amended by Act of 1938, 2 Geo. 6 No. 13, s. 10; Act of 1939, 3 Geo. 6 No. 18, s. 5. See also ss p. 378, allie, s. 14B (4) post. 14. Statistics. The owner or person in charge of a dairy produce premises shall from time to time supply to the Minister such statistics and information relating to such premises or to rate of pay determinations as are prescribed or as the Minister requests. As amended by Act of 1932, 23 Geo. 5 No. 22, s A. (Repealed.) Repealed by Act of 1963, No. 37, s B. (1) Financial statements. The owner of a factory shall supply to the Minister each year copies of financial statements in such forms as may be prescribed. Regulations may also be made prescribing the time within which such statements shall be furnished. (2) Prescribed books, etc., to be kept. The owner of a factory shall keep such books, accounts, registers, documents, or writings as may be prescribed and in the form prescribed. (3) Every owner of a factory who contravenes or fails to comply with any provision of subsection one or subsection two of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. ( 4) Inspection of books, etc. An inspector may at any time inspect any books, accounts, registers, documents, or writings in the custody or control of the owner of a factory or of an agent, and may take notes, copies, or extracts thereof or therefrom.

14 384 DAIRY PRODUCE Vol. 4 Any owner of a factory or agent or clerk or servant of any owner of a factory or agent- (a) Who neglects, obstructs, or refuses to produce for inspection to an inspector any books, accounts, registers, documents, or writings as aforesaid; or (b) Who obstructs or refuses to allow an inspector to take notes, copies, or extracts of or from any books, accounts, registers, documents, or writings as aforesaid; or (c) Who refuses to answer any question of the inspector in relation to any books, accounts, registers, documents, or writings as aforesaid, or wilfully gives any untruthful answer to such question, shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds. Inserted as s. 14A by Act of 1932, 23 Geo. 5 No. 22, s. 4; and as amended by Act of 1935, 26 Geo. 5 No. 25, s. 5; Aot of 1938, 2 Geo. 6 No. 13, s. 11, and renumbered by Act of 1938 (No.2), 2 Geo. 6 No. 24, s. 6. Powers of inspection, see also ss. 7-10, Storage. (1) No dairy produce intended for sale or for consumption as food for man shall be deposited or kept in any room used for domestic purposes, or in any place or conveyance which might cause such produce to be unwholesome or injurious to health or deteriorated, or in any place or conveyance where goods or materials, unclean matter, or injurious smells likely to taint such produce or contaminate it with disease are kept or permitted to be or exist. (2) No person shall sell any dairy produce which has been deposited or kept in contravention of this section. (3) Any person who deposits or keeps any dairy produce in contravention of subsection one of this section or who sells any dairy produce contrary to subsection two of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. As amended by Act of 1938, 2 Geo. 6 No. 13, s (1) Payment for cream and milk. Cream supplied to a factory shall, according to the grade of the cream, be paid for- (a) On the basis of the butter-fat results, estimated in the prescribed manner; or (b) On the amount of butter obtainable from such cream, estimated in the prescribed manner; or (c) On the basis of the number of gallons supplied; or (d) On the basis of the weight supplied; or (e) On such other basis as may be prescribed: Provided that where the butter obtained from the cream exceeds that estimated as aforesaid, such excess of butter shall in the manner prescribed be credited to, and payment therefor shall be made to the persons who supplied the cream.

15 DAIRY PRODUCE ACTS, 1920 TO 1963 ss.14b-16a 385 (2) Milk supplied to a factory shall, according to the quality of the milk, be paid for- (a) On the basis of the butter-fat content, estimated in the prescribed manner; or (b) On the amount of cheese obtainable from such milk, estimated in the prescribed manner; or (c) On the basis of the number of gallons supplied; or (d) On the basis of the weight supplied; or (e) On such other basis as may be prescribed. (3) No person in whose name a dairy is registered shall divert, or suffer, permit or allow to be diverted, the whole or portion of the supply of milk or cream produced on that dairy unless he shall have first given to the owner of the factory from which the whole or portion of such supply is so diverted not less than twenty-eight days' notice in writing, and in the prescribed form, of intention to divert the whole or portion, as the case may be, of such supply. A person charged with an offence against this subsection shall not be convicted therefor if he satisfies the court that the diversion of supply in relation to which he is charged with that offence was caused by stress of weather or some other circumstance beyond his control. (3A) Any owner of a factory who takes delivery of any milk or cream which has been diverted to his factory from any other factory contrary to subsection three of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. ( 4) Owner of factory to make monthly return of cream, etc., received. The owner of a factory shall within twenty-one days after the expiration of every month forward to the Under Secretary a statement showing the quantity of each grade of cream and/or milk received, the quantity of each grade of butter and/or cheese and/or processed cheese manufactured in the factory, and the quantity and grade of butter and/or butter-fat and/or cheese for which suppliers of cream and/ or milk have been paid during such month and the rate of payment and/or such other particulars as may be prescribed. Substituted by Act of 1935, 26 Geo. 5 No. 25, s. 6; and as amended by Act of 1938, 2 Geo. 6 No. 13, s. 13; Act of 1938 (No.2), 2 Geo. 6 No. 24, s. 7; Act of 1939, 3 Geo. 6 No. 18, s. 7; Act of 1952, 1 Eliz. 2 No.6, s. 5; Act of 1959, 8 Eliz. 2 No. 13, s A. Owner of factory not to defray cost of transport of dairy produce to factory. The owner of any factory shall not defray, or enter into any agreement or arrangement with any person to defray whether by means of payment by the owner of the factory concerned to such person of any subsidy or otherwise, the whole or any part of the cost of the transport of dairy produce to any such factory. Any owner of a factory offending against the provisions of this section shall be guilty of an offence, and shall be liable to a penalty not exceeding fifty pounds. Inserted by Act of 1932, 23 Geo. 5 No. 22, s. 5. Note the provision of ss. 16B (8), 16c (8), relating to a committee of inspoction. 13

16 386 DAIRY PRODUCE Vol. " 16B. Notification of cream routes. (1) The Minister may notify any road or roads or any portion of a road or roads as a cream route, and either generally or with respect to a factory or factories specified in the notice. Every such notice shall be published in the Gazette. (2) Recommendation of cream routes. The owner of a factory and/or the committee appointed as hereinafter prescribed may recommend to the Minister the notification of a road or roads or any portion of a road or roads as a cream route: Provided that the Minister may notify a road or roads or any portion of a road or roads as a cream route notwithstanding that a recommendation has not been made as aforesaid, or may in so notifying a cream route adopt such part only of such recommendation as to him shall seem fit. (3) Carriers' licenses for cream routes. Upon the notification of a cream route- (i) If no factory is specified in the notice the owner of any factory may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up cream at places on or adjacent to such cream route and to convey such cream to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval; or (ii) If a factory or factories is or are specified in the notice the owner of any factory so specified may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up cream at places on or adjacent to such cream route and to convey such cream to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval: Provided that in any event the Minister may issue any license as aforesaid upon such terms and conditions as he shall deem fit. ( 4) Offences by persons not holding licenses. Every person who- (i) Picks up cream at any place on or adjacent to a notified cream route; or (ii) Conveys to a factory or to a loading point upon a State railway or tramway approved by the Minister cream picked up at any place on or adjacent to a notified cream route, shall, unless he holds a subsisting license to so pick up such cream at such place and to convey same to such factory or loading point, be guilty of an offence and liable to a penalty of not more than fifty pounds. It shall not be a defence for a person charged with an offence against this subsection to prove that at the material time he held a subsisting license under this section with respect to some other factory or cream route.

17 DAIRY PRODUCE ACTS, 1920 TO 1963 s.16b 387 (5) Offences by holders of licenses. Every holder of a license under this section who- (i) Picks up or conveys cream other than cream consigned to the factory in respect of which his license has been issued; or (ii) Conveys cream picked up by him on or adjacent to a cream route to a factory or loading point upon a State railway or tramway approved by the Minister other than the factory or loading point specified in his license; or (iii) In any other manner whatsoever picks up or conveys cream contrary to any term or condition prescribed by his license, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (6) Offences by owners of factories. Any owner of a factory who accepts delivery of any cream which was picked up or conveyed to his factory by any person (whether or not the holder of a license under this section) contrary to any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (7) All licenses issued under this section shall be for such period as may be prescribed or, if not prescribed, as may be approved by the Minister. The Minister may at his absolute discretion cancel any such license, and whether issued by him or by the owner of a factory. ( 8) Committee of investigation. The Minister may appoint a committee as prescribed for investigating, inquiring into, and reporting to him on the following:- (i) Any matters arising out of section 16A of this Act. (ii) The conditions upon which an owner of a factory may recommend the notification of a cream route or routes. (iii) The advisability of notifying a cream route or routes in localities where no recommendation has been received from an owner of a factory. (iv) The consideration of any tender or tenders in regard to the character and equipment of the applicant, and capacity of the applicant to satisfactorily comply with the conditions laid down. (v) Any dispute or disagreement arising out of the transport of cream. (vi) The varying or cancellation of existing cream routes or contracts or licenses. (9) This section shall not apply to the Commissioner for Railways nor to the owner of a tramway approved by the Minister nor to cream which is delivered under prescribed hygienic conditions by the person in whose name the dairy on which such cream was produced is registered. Substituted by Act of 1938, 2 Geo. 6 No. 13, s. 14, and as amended by Act of 1939, 3 Geo. 6 No. 18, s. 8; Act of 1952, s. 6. See s. 14 (2) of the Act of 1938, p. 413, post, for the validation of notifications and licenses issued under the section which this section replaced.

18 388 DAIRY PRODUCE Vol. 4 16c. (1) Notification of milk routes. The Minister may notify any road or roads or any portion of a road or roads as a milk route, and either generally or with respect to a factory or factories specified in the notice. Every such notice shall be published in the Gazette. (2) Recommendation of milk routes. The owner of a factory and/ or the committee appointed as hereinafter prescribed may recommend to the Minister the notification of a road or roads or any portion of a road or roads as a milk route: Provided that the Minister may notify a road or roads or any portion of a road or roads as a milk route notwithstanding that a recommendation has not been made as aforesaid, or may in so notifying a milk route adopt such part only of such recommendation as to him shall seem fit. (3) Carriers' licenses for milk routes. Upon the notification of a milk route- (i) If no factory is specified in the notice the owner of any factory may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up milk at places on or adjacent to such milk route and to convey sllch milk to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval; or (ii) If a factory or factories is or are specified in the notice the owner of any factory so specified may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up milk at places on or adjacent to such milk route and to convey such milk to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval: Provided that in any event the Minister may isslle any license as aforesaid upon such terms and conditions as he shall deem fit. ( 4) Offences by persons not holding licenses. Every person who (i) Picks up milk at any place on or adjacent to a notified milk route; or (ii) Conveys to a factory or to a loading point upon a State railway or tramway approved by the Minister milk picked up at any place on or adjacent to a notified milk route, shall, unless he holds a subsisting license to so pick up such milk at such place and to convey same to such factory or loading point, be guilty of an offence and liable to a penalty of not more than fifty pounds.

19 DAIRY PRODUCE ACTS, 1920 TO 1963 s.16c 389 It shall not be a defence for a person charged with an offence against this subsection to prove that at the material time he held a subsisting license under this section with respect to some other factory or milk route. (5) Offences by holders of licenses. Every holder of a license under this section who- (i) Picks up or conveys milk other than milk consigned to the factory in respect of which his license has been issued; or (ii) Conveys milk picked up by him on or adjacent to a milk route to a factory or loading point upon a State railway or tramway approved by the Minister other than the factory or loading point specified in his license; or (iii) In any other manner whatsoever picks up or conveys milk contrary to any term or condition prescribed by his license, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (6) Offences by owners of factories. Any owner of a factory who accepts delivery of any milk which was picked up or conveyed to his factory by any person (whether or not the holder of a license under this section) contrary to any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (7) All licenses issued under this section shall be for such period as may be prescribed or, if not prescribed, as may be approved by the Minister. The Minister may at his absolute discretion cancel any such license, and whether issued by him or by the owner of a factory. (8) Committee of investigation. The Minister may appoint a committee as prescribed for investigating, inquiring into, and reporting to him on the following:- (i) The conditions upon which an owner of a factory may recommend the notification of a milk route or routes; (ii) The advisability of notifying a milk route or routes in localities where no recommendation has been received from an owner of a factory; (iii) The consideration of any tender or tenders in regard to the character and equipment of the applicant, and capacity of the applicant to satisfactorily comply with the conditions laid down; (iv) Any dispute or disagreement arising out of the transport of milk; (v) The varying or cancellation of existing milk routes or contracts or licenses: Provided that in lieu of appointing a committee under this subsection the Minister may refer any or all of the matters referred to in this subsection for investigation, inquiry, and report to any committee appointed by him under subsection eight of section 16B of this Act, and upon such reference such committee shall be deemed to have been duly appointed under this subsection and shall have power, authority, and jurisdiction accordingly.