No. 42/1956:

MILK AND DAIRIES (AMENDMENT) ACT, 1956

ARRANGEMENT OF SECTIONS

1 Commencement.

2 Principal Act.

3 Repeals.

4 Prosecution of offences.

5 Prohibition of bottling of milk under general designation by unlicenced persons.

6 General designation bottling licences.

7 Fees on general designation bottling licences.

8 Milk kept in certain establishments.

9 Sale of milk for consumption on premises in which it is sold.

10 Prohibition of purchase of milk from unregistered dairymen.

11 Exclusion of certain dairies and dairymen from certain provisions of Principal Act.

12 Temporary exclusion of certain dairymen from Parts II and III and of certain dairies from Part III of Principal Act.

13 Special registration as a dairyman.

14 Temporary special designation (pasteurised milk) licence.

15 Restriction on sale of pasteurised milk.

16 Amendment of section 4 of Principal Act.

17 Amendment of section 6 of Principal Act.

18 Amendment of section 13 of Principal Act.

19 Amendment of section 24 of Principal Act.

20 Amendment of 25 of Principal Act.

21 Amendment of section 29 of Principal Act.

22 Amendment of section 34 of Principal Act.

23 Amendment of section 46 of Principal Act.

24 Amendment of section 47 of Principal Act.

25 Substitution of new Part for Part VII of Principal Act.

26 Amendment of section 53 of Principal Act.

27 Amendment of Part VIII of Principal Act.

28 Amendment of section 54 of Principal Act.

29 Amendment of section 57 of Principal Act.

30 Amendment of section 59 of Principal Act.

31 Short title, construction and collective citation.

AN ACT TO AMEND AND EXTEND THE MILK AND DAIRIES ACT, 1935 .

[12th December, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—This Act shall come into operation on such day or days as, by order or orders made by the Minister for Agriculture under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

2.—In this Act "the Principal Act" means the Milk and Dairies Act, 1935 (No. 22 of 1935).

3.—(1) The following provisions of The Principal Act are hereby repealed: section 20, subsection (8) of section 26, and sections 30 and 32.

(2) Section 46 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), is hereby repealed.

4.—An offence under section 13, 43, 60, 61, 63 or 65 of The Principal Act or under any section of this Act may be prosecuted by the sanitary authority within whose sanitary district the offence was committed.

5.—(1) it shall not be lawful for any person to bottle milk for sale under a general designation, within the meaning of section 38 of the Principal Act, unless such person is the holder of a licence (in this Act referred to as a general designation bottling licence) for the time being in force to bottle milk for sale under a general designation and the bottling is effected by the method specified in the regulations made under section 6 of this Act.

(2) A person who contravenes this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds and in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, and in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues.

6.—The Minister for Agriculture, after consultation with the Minister, may make regulations—

( a ) specifying the method of bottling milk for sale under a general designation, within the meaning of section 38 of the Principal Act, and

( b ) providing for all or any of the following matters:

(i) the grant by the sanitary authority in whose sanitary district the milk is bottled, of general designation bottling licences,

(ii) the form of such licences,

(iii) the persons to whom such licences may be granted,

(iv) the duration of such licences,

(v) the conditions precedent to the grant of such licences,

(vi) the terms and conditions (including revocation and suspension) subject to which such licences are to be granted,

(vii) such other matters in relation to such licences as the Minister for Agriculture thinks proper to make provision for.

7.—(1) There shall be paid by the applicant in respect of every general designation bottling licence to the sanitary authority by whom such licence was issued the prescribed fee.

(2) All fees paid under this section to a sanitary authority shall be disposed of by such authority in such manner as may be prescribed.

8.—(1) The Minister for Agriculture may by regulations specify the class or classes of establishments to which this section applies.

(2) For the purposes of The Principal Act and of this Act and of any regulations made thereunder—

( a ) milk kept for human consumption in an establishment of a class to which this section applies shall be deemed, unless the contrary is proved, to be kept therein for sale for human consumption,

( b ) where any such milk is consumed in any such establishment by any person, it shall be deemed, unless the contrary is proved, to have been sold for human consumption,

( c ) in any prosecution for an offence under any section of The Principal Act or of this Act in relation to any such milk, the milk shall be deemed, unless the contrary is proved, to have been kept for human consumption in such establishment.

(3) In this section "establishment" means—

( a ) any school or college,

( b ) any hospital, sanatorium, preventorium, nursing home, convalescent home, or similar establishment,

( c ) any hotel, restaurant, club, guest house, boarding house, holiday camp, hostel or similar establishment.

9.—A person who sells milk for consumption in the premises in which it is sold and not elsewhere shall be deemed for the purposes of Part II of The Principal Act not to carry on the business of a dairyman if, but only if, such milk has been supplied by a dairyman registered under the said Part II from premises in respect of which the said dairyman is so registered.

10.—(1) It shall not be lawful for any person to purchase milk for the purpose of reselling it for human consumption from a person who carries on the business of dairyman and who is not registered in a register of dairymen kept by a sanitary authority under Part II of The Principal Act.

(2) A person who contravenes this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds and in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, and in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues.

11.—(1) The Minister for Agriculture may, after consultation with a sanitary authority, declare by order that the provisions of this section shall apply to a specified area within the sanitary district of such sanitary authority.

(2) The Minister for Agriculture may, on the application of or after consultation with a sanitary authority, revoke an order made under subsection (1) of this section.

(3) For the purposes of Parts II and III of The Principal Act premises which are situate in an area in respect of which an order under subsection (1) of this section is in force shall not be deemed to be a dairy solely by reason of one or more sales of milk occurring on such premises, if the following conditions are complied with in relation to such sales, that is to say:

( a ) no milk is sold except milk produced on such premises,

( b ) not more than four gallons of milk are sold on such premises in any one day, and

( c ) the milk is sold only for the consumption of the purchaser and his household.

(4) For the purposes of Parts II and III of The Principal Act premises which are situate in an area in respect of which an order under subsection (1) of this section is in force and which are registered in the Register of Creameries or in the Register of Cream Separating Stations kept under the Dairy Produce Acts, 1924 to 1947, shall not be deemed to be a dairy solely by reason of one or more sales of milk occurring on such premises if the following conditions are complied with in relation to such sales, that is to say:

( a ) not more than ten gallons of milk are sold on such premises in any one day, and

( b ) the milk is sold only for the consumption of the purchaser and his household.

(5) A person shall not be deemed for the purposes of Parts II and III of The Principal Act to be a dairyman solely by reason of milk having been sold on premises occupied by him or having been kept on such premises for the purposes of such sale if such premises are not deemed to be a dairy for the purposes of the said Parts by virtue of this section.

12.—(1) This section applies to any person who is a registered proprietor within the meaning of the Dairy Produce Acts, 1924 to 1947, of premises registered under the said Acts and who is the holder of a special designation licence granted under Part IV of The Principal Act.

(2) The Minister for Agriculture may, by instrument in writing (in this Act called a special declaration), declare that during a specified period any person who sells milk to a specified person to whom this section applies and to no other persons shall be deemed for the purposes of this Act and of Parts II and III of The Principal Act not to carry on the business of dairyman and that the premises of such person shall be deemed for the purposes of the said Part III not to be a dairy.

(3) A person who sells milk to a person specified in a special declaration and to no other persons, during the period specified in the declaration, shall be deemed for the purposes of this Act and of Parts II and III of The Principal Act not to carry on the business of a dairyman and the premises of such person shall, during such period, be deemed for the purposes of the said Part III not to be a dairy.

13.—(1) A person who carries on a business in respect of which premises in the sanitary district of a sanitary authority are registered under the Dairy Produce Acts, 1924 to 1947, and holds a special designation licence granted by the Minister for Agriculture under Part IV of The Principal Act, shall be deemed to be registered for, but only for, the duration of the licence, in respect of the premises described in the licence, in the Register of Dairymen kept by that sanitary authority for the purpose of carrying on the business in respect of which the premises are licensed as aforesaid but no other business.

(2) The Minister for Agriculture shall notify the sanitary authority in whose sanitary district are situate premises described in any such licence of the grant or revocation of such licence,

14.—The Minister for Agriculture may grant under Part IV of The Principal Act to any person, who is a registered proprietor within the meaning of the Dairy Produce Acts, 1924 to 1947, of premises registered under the said Acts, a special designation licence in respect of which the following provisions shall apply:

( a ) the licence shall be limited to entitling such person to sell during a specified period for human consumption under the special designation "Pasteurised Milk", milk which has been pasteurised by such person,

( b ) no fee shall be payable in respect of the licence,

( c ) for the purposes of sections 24 and 31 of The Principal Act, or of any regulations made under the said section 31—

(i) the sale as pasteurised milk for human consumption of milk pasteurised by the holder of the licence and also any business carried on by the holder in relation to the sale shall not be deemed to be the business of dairyman, and

(ii) any premises in which such a sale takes place or in which any such business is carried on shall not solely by reason of the sale or business be deemed to be a dairy,

( d ) nothing in Part IV of The Principal Act or in the Milk and Dairies (Special Designations) Regulations, 1938 to 1955, shall prevent the resale as pasteurised milk by a person registered as a dairyman under Part II of The Principal Act of milk previously sold as pasteurised milk by virtue of the licence,

( e ) the resale by a person registered as a dairyman under Part II of The Principal Act of milk previously sold by virtue of the licence shall not be deemed to be a contravention of section 15 of this Act solely by reason of the fact that the milk has been heated or pasteurised by the holder of the licence before such previous sale,

( f ) the Milk and Dairies (Special Designations) Regulations, 1938 to 1955, and any regulations amending or replacing such regulations shall apply in relation to the licence subject to such modifications as the Minister for Agriculture may make by regulations made by him under this section, and

( g ) there shall be deemed to be in force in respect of the grantee of the licence, for, but only for, the duration of the licence, a special declaration.

15.—(1) It shall not be lawful for any person to sell, except under a special designation within the meaning of Part IV of The Principal Act and under and in accordance with a special designation licence granted under the said Part IV, any milk which has been treated by heat.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds, and, in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, and, in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues.

(3) Nothing in this section shall apply to the sale of milk for consumption as hot milk on the premises on which it has been heated.

16.—section 4 of the Principal Act is hereby amended by the addition at the end thereof of "by a person who carries on the business of dairyman".

17.—section 6 of the Principal Act is hereby amended by the insertion in the definition of "veterinary officer" after " Local Government Act, 1925 (No. 5 of 1925)" of "or under section 10 or section 11 of the Local Government Act, 1941 (No. 23 of 1941)".

18.—The following subsection is hereby substituted for subsection (3) of section 13 of the Principal Act:

"(3) Nothing in this section shall authorise the entry on premises by a person if such entry is contrary to the provisions of an Order made under the Diseases of Animals Acts, 1894 to 1954."

19.—Section 24 of the Principal Act Is hereby amended by the addition at the end of subsection (1) of "or, to carry on the business of dairyman in a sanitary district otherwise than in premises unless he is registered in the register of dairymen kept by the sanitary authority for that or another sanitary district".

20.—Section 25 of the Principal Act is hereby amended by the insertion of "or in a sanitary district, not being that in which such premises are situate, otherwise than in premises" after "in such register".

21.—Section 29 of the Principal Act is hereby amended by the addition thereto of the following subsection:

"(5) Where, in a prosecution for in offence under section 24 of this Act consisting of carrying on the business of dairyman in a sanitary district otherwise than in premises, a certificate under subsection (3) of this section shows that the defendant was not during a specified time registered in the register of dairymen kept by the sanitary authority of that sanitary district, it shall be presumed, unless and until the contrary is shown by the defendant, that the defendant is not registered in the register of dairymen kept by any other sanitary authority."

22.—Section 34 of the Principal Act is hereby amended by—

( a ) the insertion after subsection (2) of the following subsection:

"(2A) Regulations under this section may authorise the person making the inspection to require that milk taken from a cow suffering from a disease to which Part VI of this Act applies shall be disposed of in accordance with his directions.";

( b ) the insertion in subsection (4) of "or with any requirement made under such regulation" after "made under this section ".

23.—Section 46 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

"(1A) In lieu of giving the notice required by subsection (1) of this section to the medical officer mentioned in that subsection, such notice may be given to the medical officer or any assistant medical officer in the sanitary district in which the land or premises mentioned in that subsection are situate, and the permission mentioned in that subsection may be given by the officer to whom the said notice is given."

24.—Section 47 of the Principal Act is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:

"( a ) each of the following diseases affecting animals, that is to say:

tuberculosis of the udder,

any tuberculosis condition of the uterus,

any form of tuberculosis in which tubercle bacilli are excreted,

any septic condition of the uterus with systemic disturbance involving a rise in temperature or in which there is a purulent discharge,

acute mastitis,

chronic mastitis with suppuration,

actinomycosis of the udder,

anthrax,

suppuration of the udder,

retained placenta,

any disease caused by the type of organism of the Salmonella Group which causes food poisoning in human beings,

any disease caused by the types of streptococci which cause streptococcal sore throat in human beings,

parasitic mange affecting the udder,

every other condition with systemic disturbance due to septicaemia or pyaemia; and".

25.—The following Part is hereby substituted for Part VII of the Principal Act:

"PART VII

BACTERIOLOGICAL EXAMINATION OF MILK

Regulations governing bacteriological examination of milk

49.—The Minister, after consultation with the Minister for Agriculture, may make regulations—

( a ) providing for the carrying out of tests, examinations and analyses of samples of milk submitted under this Part of this Act,

( b ) prescribing the persons or classes of persons by whom or under whose general supervision such tests, examinations and analyses are to be carried out,

( c ) prescribing the means by and the manner in which such tests, examinations and analyses are to be carried out,

( d ) prescribing the form of certificate to be given of the result of any such test, examination or analysis,

( e ) prescribing the fees and their manner and time of payment, for such examinations, tests and analyses,

( f ) prescribing the persons or classes of persons who shall be exempt from payment of fees in prescribed circumstances,

( g ) providing for the manner in which the submission of samples is to be made and for any other matters relating to such submission for which the Minister thinks it appropriate to make provision by regulations.

Submission of milk samples

50.—The Minister, the Minister for Agriculture, a sanitary authority or a dairyman may submit samples of milk in accordance with the regulations under section 49 of this Act for test, examination or analysis by a bacteriological examiner.

Duty of bacteriological examiner

51.—(1) A sample submitted in accordance with the regulations under section 49 of this Act shall be examined, tested or analysed, as the case may be, in accordance with the regulations made under that section by or under the general supervision and direction of a bacteriological examiner.

(2) A certificate stating the result of the examination, test or analysis, as the case may be, shall be given by the bacteriological examiner by whom or under whose general supervision and direction such examination, test or analysis was carried out to the person by whom the sample was submitted and such certificate shall be evidence for all purposes of the result of such test, examination or analysis.

(3) The bacteriological certificate shall be in the form (if any) prescribed under section 49 of this Act.

Bacteriological examiner and bacteriological certificate

52.—In this Act—

'bacteriological examiner' means a member of a class prescribed under section 49 of this Act;

'bacteriological certificate' means a certificate given under section 51 of this Act."

26.—section 53 of the Principal Act is hereby amended by the insertion at the end of paragraph ( b ) of "within the meaning of the Health Act, 1947 (No. 28 of 1947)".

27.—The following section is hereby inserted after section 53 of the Principal Act:

"Assignment of milk sampling duties to health inspectors and veterinary officers.

53A.—(1) A sanitary authority may assign the duty of acting as a milk sampling officer in the whole or a part of its sanitary district to—

( a ) a health inspector, within the meaning of the Health Act, 1947 (No. 28 of 1947), of a health authority within whose functional area is situate the whole or that part of that sanitary district, or

( b ) a veterinary officer of that sanitary authority.

(2) It shall not be necessary to obtain the consent of the Minister or of the Minister for Agriculture to an assignment under subsection (1) of this section.

(3) A person to whom the duty of acting as a milk sampling officer is assigned under subsection (1) of this section shall be deemed to be a milk sampling officer for the purposes of this Act."

28.—Subsection (3) of section 54 of the Principal Act is hereby amended by the substitution for "for sale retail in such receptacles" of two pints capacity or less".

29.—Section 57 of the Principal Act is hereby amended by the substitution in subsections (1), (2) and (4) for "for sale retail in such receptacles" of "of two pints capacity or less".

30.—Section 59 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections:

"(3) Any milk which has an offensive taste or smell or which, on being tested in any prescribed manner, is found not to reach the prescribed standard or not to comply with the prescribed requirements, shall be deemed for the purposes of this section to be contaminated.

(3A) Different tests, standards and requirements may be prescribed for milk sold under different designations."

31.—(1) This Act may be cited as the Milk and Dairies (Amendment) Act, 1956 .

(2) The Principal Act and this Act shall be construed together as one Act.

(3) The Principal Act and this Act may be cited together as the Milk and Dairies Acts, 1935 and 1956.

(4) Without prejudice to the generality of subsection (2) of this section, a reference in The Principal Act to that Act shall, save where the context otherwise requires, be construed as including a reference to this Act.