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22 1935

MILK AND DAIRIES ACT, 1935

PART VI.

Sale of Milk from Diseased Animals.

Diseases to which Part VI applies.

47. —(1) This Part of this Act applies to

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

tuberculosis of the udder,

any tuberculous condition of the uterus,

any form of tuberculosis in which tubercle bacilli are excreted,

any septic condition of the uterus,

acute mastitis,

chronic mastitis,

actinomycosis of the udder,

anthrax,

foot and mouth disease,

suppuration of the udder,

retained placenta; and

(b) every other disease which may from time to time be declared by an order for the time being in force made under this section to be a disease to which this Part of this Act applies.

(2) The Minister may from time to time by order made under this section—

(a) declare any disease affecting animals to be a disease to which this Part of this Act applies;

(b) revoke any order previously made by him under this section.

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

(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after such order is made, and if a resolution annulling such order is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such order is so laid before it such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

Prohibition of sale of milk from animals suffering from a disease to which Part VI applies.

48. —(1) If any person sells the milk of any animal which is suffering from any disease to which this Part of this Act applies, and it is proved that such person had previously received notice from an officer of the sanitary authority, or that he otherwise knew, or by the exercise of ordinary care could have ascertained, that such animal was suffering from such disease, 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 fifty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment and, in either case, if the offence is a continuing one, to a further fine not exceeding five pounds for each day during which the offence continues.

(2) An offence under this section may be prosecuted by the sanitary authority within whose sanitary district the animal is kept, or by the sanitary authority within whose sanitary district the offence was committed.