MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 7 Restriction on making, etc., of cream.

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MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 7

Restriction on making, etc., of cream.

7.(1) Subject to sub-section (3), a person shall not make cream for the
purpose of sale unless the cream

(a)is produced from milk produced by the holder, and under the authority, of a
farm bottling licence or from pasteurised milk or is subjected to treatment by
heat in such manner as may be prescribed;

(b)complies with such standards of quality as may be prescribed;

(c)has been filled into bottles or other containers which are of a kind
approved by the Ministry and have been washed, sterilised, packed and labelled
on such premises and in accordance with such regulations as may be prescribed.

(2) Subject to sub-section (3), a person shall not either sell cream or offer
or expose cream for sale (whether by wholesale or by retail) or have cream in
his possession for the purposes of any such sale or for the purposes of
delivery (otherwise than solely as a common carrier) to a buyer in pursuance
of, or of an agreement for, any such sale, unless it is cream in relation to
which the requirements of paragraphs (a) and (c) of sub-section (1) have been
complied with.

(3) Sub-sections (1) and (2) shall apply only to cream which is made, or is
sold or offered or exposed for sale, or is in possession for sale or delivery,
for human consumption as cream, including whipped cream (that is, cream the
volume of which has been increased by aeration whether or not there has been
added thereto any substance permitted for use in cream by regulations made
under the Food and Drugs Act (Northern Ireland) 1958), but shall not apply to
sterilised cream.

(4) Any person who contravenes any provision of sub-section (1) or (2) shall
be guilty of an offence against this Act.

(5) Section 52 of the Food and Drugs Act (Northern Ireland) 1958 (pleading of
warranty as defence) shall have effect in relation to a prosecution for an
offence committed by reason of a contravention of sub-section (2), and
section 53 of that Act (offences in relation to warranties) shall have effect
in relation to any warranty which, by virtue of this sub-section, is or might
be pleaded as a defence in any prosecution under sub-sections (2) and (4), as
they have effect in relation to prosecutions or warranties under that Act, as
if

(a)subject to paragraph (b), any reference therein to that Act were a
reference to sub-sections (2) and (4);

(b)the references in the said section 53 (1) and (2) to an offence under that
Act were references to an offence against this Act;

(c)in sub-section (1) of the said section 52, for ", exposing or advertising"
there were substituted "or exposing" and after "for the purpose of sale" there
were inserted "or delivery";

(d)sub-section (2) (c) of the said section 52 were omitted.]

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Northern Irish Legislation

MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 7