360 1949. Milk Pasteurization. No. 5444 No. 5444. An Act relating to the Pasteurization of Milk. [6th December, 1949.] BE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the Bame as follows (that is to say) : Short title. 1. This Act may be cited as the Milk Pasteurization Act 1949. Interpretation. " Bottled." Comp. No. 4972 8. 2. " Committee." " Licensed pasteurizing premises." " Milk." Comp. No. 4997 8. 2. Pasteurized.' 2. (1) In this Act unless inconsistent with the context or subj ect-matter " Bottled" means contained in a bottle or other prescribed container. " Committee " means'the Milk Pasteurization Committee appointed under this Act. " Licensed pasteurizing premises " means premises in respect of which a pasteurization licence has been granted under this Act and is in force. " Milk " does not include condensed dried or desiccated milk or milk powder or milk of any other prescribed form. " Pasteurized " in relation to milk means milk every particle of which, has been heated once only to (a) 145 degrees Fahrenheit and held at that temperature for at least 30 minutes ; or (6) 162 degrees Fahrenheit and held at that temperature for at least 15 seconds and immediately afterwards cooled to a temperature not greater than 38 degrees Fahrenheit; but no milk shall be deemed to be pasteurized unless it (i) gives a negative Phosphatase Test when tested by the prescribed Phosphatase Test Method ; (ii) has
1949. Milk Pasteurization. No. 5444 361 (ii) has a Standard Plate Count of not more than 30,000 organisms per millilitre as determined by the prescribed Standard Plate Count Method; (iii) has no discernible Coliform bacteria in one millilitre of milk when tested by the prescribed Coli Test Method. " Prescribed " means prescribed by regulations made " Prescribed." under this Act. "Sell" includes offer or attempt to sell or deliver " Sel1 -" for sale or cause or allow to be sold or offered a. 0 ]?" No * 3736 or delivered for sale. (2) Any licensed pasteurizing premises shall be deemed L c f s t "^f zin to be a dairy for the purposes of the Milk and Dairy Jj^ffoJ 0 b0 Supervision Acts and for the purposes of the Milk Board ^^y&c Acts. 41»3 &c. 3. (1) After a day (not being earlier than the thirty-first {J?^,.,^ day of December One thousand nine hundred and fifty)»j bc fixed by proclamation of the Governor in Council published j^ e( f ^ in the Government Gazette in relation to a prescribed district d y? 3 e s j ed no person shall in that prescribed district districts. (a) sell or deliver milk except milk pasteurized at licensed pasteurizing premises and bottled and sealed as prescribed ; or (b) (in the case where the milk is sold and delivered at a shop for immediate consumption by a customer at the shop) sell or deliver milk except milk pasteurized at licensed pasteurizing premises. (2) Nothing in this section shall apply to the delivery of milk " (a) to licensed pasteurizing premises in that prescribed district; or (b) to manufactories or treatment or processing depots in that prescribed district which are approved by the Minister. Pasteurization 4. (1) For the purposes of this Act the Governor in ^eurizau Council may appoint an advisory committee to be called committee, the Milk Pasteurization Committee. (2) The
362 1949. Milk Pasteurization. No. 5444 (2) The Committee shall consist of (a) the person for the time being holding the office of Superintendent of Dairying in the Department of Agriculture who shall be chairman of the Committee ; (b) an officer of the Department of Health who is a legally qualified medical practitioner appointed by the Governor in Council ; (c) the person for the time being holding the office of Director of the Veterinary Research Institute maintained by the University of Melbourne ; (d) a person having practical experience of the pasteurization and treatment of milk appointed by the Governor in Council from a panel of three names submitted by the Victorian Milk, Distributors' Association ; (e) a person who is a recognized whole milk producer appointed by the Governor in Council. (3) At all meetings of the Committee the chairman or in his absence the member who is a medical practitioner shall preside. (4) Any three members of the Committee shall constitute a quorum and subject to this Act the Committee may regulate its own proceedings. (5) The members of the Committee respectively appointed under paragraphs (c) (d) and (e) of sub-section (2) of this section shall be entitled to be paid such remuneration and such travelling expenses as are prescribed. (6) Each of the members of the Committee appointed by the Governor in Council shall be entitled to hold office for the period (not being more than three years from the date of his appointment) for which lie is appointed and shall be eligible for re-appointment but the Governor in Council may remove any such member. (7) During any vacancy in the Committee the continuing members may (so long as there is a quorum) act as if no vacancy had occurred. 5. The
1949. Milk Pasteurization. No. 5444 363 5. The functions of the Committee shall be 5 inc,j,on8 l# the Committee. (a) to survey the facilities existing from time to time for the pasteurization bottling and sealing of milk ; (6) to advise the Minister whether premises for which a pasteurization licence is sought comply with the requirements of this Act; (c) to make such reports to the Minister (i) as the Committee is authorized or required to make by this Act; or (ii) on such matters in relation to the pasteurization of milk as are referred to it by the Minister or as the Committee thinks proper. 6 (1) The occupier of any premises equipped for the Pasteurization pasteurization bottling and sealing of milk may apply to the Minister for a pasteurization licence in respect of those premises. (2) The Minister after consideration of a report of the Committee shall not earlier than the thirty-first day of December, One thousand nine hundred and fifty grant such a licence if he is satisfied that (a) the premises are suitable and sanitary ; (b) the premises are equipped with (i) plant capable of pasteurizing milk in compliance with this Act; (ii) mechanical equipment for the washing and sterilizing of bottles ; (iii) mechanical bottle-filling equipment; (iv) mechanical equipment for the sealing of milk bottles with seals which completely cover the lip of the bottle and protect the milk poured thereout from contamination ; (v) adequate steam supply refrigeration cool storage raw milk storage and can washing and sterilizing and crate washing and sterilizing equipment; (vi) adequate facilities for the handling of milk cans ; (vii) prescribed
364 1949. Milk Pasteurization. No. 5444 (vii) prescribed facilities equipment and materials for the testing of milk; (c) adequate provision is made for milk processed on such premises to be regularly tested by qualified Government inspectors. Suspension of pasteurization licences by Minister. 7. If the Minister is satisfied upon a report by the Committee that at any premises in respect of which a pasteurization licence has been granted conditions are insanitary or that any plant machinery equipment facilities or testing is not being satisfactorily maintained or carried out or that otherwise the provisions of this Act or the regulations are not being complied with he may suspend the licence for such period as he thinks proper and during that period the licence shall be deemed not to be in force. Provision for compensation to owners occupiers and persons interested in pasteurization or bottling plants not usable at premises and to whole milk producers deprived of contracts as the result of the operation of this Act. 8. (I) Any person who is the owner or occupier of any premises on which any pasteurization plant or plant for the bottling of milk is established may if as the result of the operation of this Act such plant cannot be used at such premises apply to the Minister for compensation. (2) Whole milk producers who as a result of the operation of this Act have been deprived of contracts with retail dairymen may apply to the Minister for compensation. (3) The Minister shall refer the application to the Milk Board and the Milk Board shall assess the amount of compensation payable to the applicant and to any person having any estate or interest in such premises or plant or equipment thereon for the loss or damage (if any) sustained by such applicant or person. (4) (a) If the Milk Board and such applicant or person cannot agree as to the amount of compensation the Minister shall direct that the matter be referred to arbitration before a single arbitrator who shall be a judge of county courts nominated by the Minister. (b) Save as aforesaid the provisions of the Arbitration Act 1928 shall apply with respect to such arbitration and the Minister's direction shall be deemed to be the submission under the said Act and the Milk Board and such applicant or person shall be deemed to be the parties thereto. (5) The
1949. Milk Pasteurization. No. 5444 365 (5) The amount of such compensation shall be paid out of moneys provided by Parliament for the purpose. (6) Compensation sliall not be payable under this section (a) on more than one occasion in respect of the same premises plant or equipment; (6) in respect of any premises plant or equipment in any case where the plant or equipment has been established erected or installed after the commencement of this Act. 9. Any person who contravenes or fails to comply Penalt y- with any of the provisions of this Act or the regulations made under this Act shall be liable for a first offence to a penalty of not more than Twenty pounds and for a second - or any subsequent offence to a penalty of not more than Fifty pounds. 10. (1) The Governor in Council may make regulations Regulations, for or with respect to (a) the bottling of milk and the sealing of bottles containing milk ; (b) prescribing districts for the purposes of this Act; (c) prescribing forms for use under this Act; (d) prescribing any other matters or things authorized or required to be prescribed or necessary or expedient to be prescribed for carrying this Act into effect. (2) All such regulations shall be published in the feguson" Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament. 11. The Milk Pasteurization Act 1943 is hereby repealed. r% n ew ntial No. 4972. of No. 5445.