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22 1935

MILK AND DAIRIES ACT, 1935

PART III.

Regulations in Relation to Dairies and Milk, and Inspection of Animals.

Temporary exclusion of certain dairymen and dairies from Part III.

30. —(1) A person—

(a) who sells milk to persons who are registered proprietors, within the meaning of the Dairy Produce Acts, 1924 to 1934, of premises registered under the said Acts and who are holders of special designation licences granted under Part IV of this Act, and

(b) who sells milk to no other persons,

shall be deemed for the purposes of this Part of this Act not to carry on the business of dairyman, and the premises of such person shall be deemed for the purposes of this Part of this Act not to be a dairy.

(2) The Minister may, with the consent of the Minister for Agriculture, make at any time an order declaring that sub-section (1) of this section shall cease to be in force on and after a specified date and thereupon on and after such date the said sub-section (1) shall cease to be in force.

Regulations in relation to dairies and milk.

31. —(1) The Minister may from time to time by order make regulations in relation to all or any of the following matters:—

(a) the construction of dairies;

(b) the lighting ventilation drainage and water supply of dairies;

(c) the cleansing of dairies, vessels, machines, or vehicles used in connection with the business of dairyman, and the precautions to be taken to secure their cleanliness;

(d) the precautions to be taken for the protection of milk against contamination or infection;

(e) the manner of cooling milk;

(f) the conveying and distribution of milk;

(g) the labelling, marking, or identifying of receptacles for milk;

(h) the manner of closing receptacles used for the carriage or delivery of milk;

(i) the milking of animals and the utensils, and machines used for that purpose;

(j) the inspection of dairies, of vessels, machines and vehicles used in connection with the business of dairyman, and of persons who have access to dairies or to such vessels, machines or vehicles;

(k) the persons by whom such inspections are to be carried out;

and such regulations may be either special or general and may be made in relation to the whole of Saorstát Eireann or any specified part thereof.

(2) The word “milk” where it occurs in this section means milk intended to be or in the course of being sold.

(3) Every regulation under this section shall be made with the concurrence of the Minister for Agriculture.

(4) If any person acts in contravention of or fails to comply with any regulation made under 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.

(5) An offence under this section may be prosecuted by or at the suit of the sanitary authority within whose sanitary district the offence was committed as prosecutor.

Restriction on sale of pasteurised etc. milk.

32. —(1) The Minister, with the concurrence of the Minister for Agriculture, may from time to time by order make regulations prohibiting the sale, except under a special designation, within the meaning of Part IV of this Act, and under and in accordance with a special designation licence granted under the said Part IV, of any milk which has been heated to a temperature higher than the temperature specified in such regulations or has been pasteurised.

(2) If any person acts in contravention of any regulation made under 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) An offence under this section may be prosecuted by or at the suit of the sanitary authority within whose sanitary district the offence was committed as prosecutor.

Prohibition of sale of milk except under special designation.

33. —(1) The Minister may, on the application of the sanitary authority of a sanitary district, from time to time by order under this sub-section prohibit the sale of milk, in case such district is an urban sanitary district, within the meaning of the Public Health Acts, 1878 to 1931, in such district or, in case such district is a rural sanitary district, within the meaning of the said Acts, either (as may be specified in such order) in such district or a specified part thereof, unless such milk is sold under a special designation, within the meaning of Part IV of this Act.

(2) Where an order has been made under the immediately preceding sub-section in relation to any sanitary district or a part thereof, the Minister may, on the application of the sanitary authority of such sanitary district, by order under this sub-section revoke such first-mentioned order.

(3) The following provisions shall have effect in relation to an application by a sanitary authority for an order under this section, that is to say:—

(a) such sanitary authority shall, before making such application, give such public notice as may be prescribed of their intention to make such application;

(b) the making of such application shall be—

(i) in the case of the county borough of Dublin or the borough of Dun Laoghaire, a reserved function for the purposes of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), and

(ii) in the case of the county borough of Cork, a reserved function for the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), and

(iii) in the case of the county borough of Limerick, a reserved function for the purposes of the Limerick City Management Act, 1934 (No. 35 of 1934).

(4) If any person acts in contravention of any order made under sub-section (1) of this section and for the time being in force 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.

(5) An offence under this section may be prosecuted by or at the suit of the sanitary authority within whose sanitary district the offence was committed as prosecutor.

Inspection of animals.

34. —(1) The Minister may from time to time by order make regulations in relation to the inspection of animals in dairies by veterinary officers or other registered veterinary surgeons.

(2) Regulations under this section may authorise the person making the inspection to take from any animal specimens or material for examination and to require any animal to be milked in his presence and to take samples of the milk and to require that the milk from any particular teat shall be kept separate and to take separate samples thereof.

(3) Every regulation under this section shall be made with the concurrence of the Minister for Agriculture.

(4) If any person acts in contravention of or fails to comply with any regulation made under 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.

(5) An offence under this section may be prosecuted by or at the suit of the sanitary authority within whose sanitary district the offence was committed as prosecutor.