MILK AND DAIRIES ACT, 1935

• (2) Whenever, in pursuance of a sampling notice a sampling officer takes, in exercise of the powers conferred on him by this Part of this Act, a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) he shall divide such sample into two parts and put each part into a separate bottle and mark cork and seal such bottle in the prescribed manner and shall then proceed as follows, that is to say:—

• (a) where such milk when taken is under the actual control of the seller or consignor thereof or his agent, he shall—

• (i) if required to do so deliver to such seller, consignor or agent, one of the said bottles;

• (ii) send in the prescribed manner the other bottle to the medical officer who gave such sampling notice or, if such medical officer so requests in such sampling notice, send in the prescribed manner on behalf of such medical officer such other bottle to a bacteriological examiner for examination of its contents.

• (b) where such milk, when so taken is not under the actual control of the seller or consignor or his agent, he shall—

• (i) forward in the prescribed manner to the consignor one of the said bottles;

• (ii) send in the prescribed manner the other bottle to the medical officer who gave such sampling notice or, if such medical officer so requests in such sampling notice, send in the prescribed manner on behalf of such medical officer such other bottle to a bacteriological examiner for examination of its contents;

• (3) Upon receipt of a bottle containing a sample of milk taken in pursuance of a sampling notice, the medical officer may if he thinks fit send in the prescribed manner the bottle to a bacteriological examiner for examination of its contents.

• (4) The following provisions shall have effect in relation to the taking by a sampling officer in exercise of the powers conferred on him by this Part of this Act, of a sample of milk which is contained in closed receptacles for sale retail in such receptacles, that is to say:—

• (a) such officer shall take as such sample one of the said receptacles, and mark in the prescribed manner the receptacle so taken;

• (b) where such receptacle is not at the time it is taken under the actual control of the seller or consignor thereof or his agent, such officer shall deliver or send by post to such seller or consignor a notice that such receptacle was taken;

• (c) where such receptacle was not taken in pursuance of a sampling notice, such officer shall retain it, and, if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents;

• (d) where such receptacle was taken in pursuance of a sampling notice—

• (i) in case the medical officer who gave such notice so requests in such notice, such sampling officer shall send in the prescribed manner such receptacle to a bacteriological examiner for examination of its contents;

• (ii) in any other case, such sampling officer shall send in the prescribed manner such receptacle to such medical officer who may, if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents.

• (5) In any proceedings under this Act, a certificate purporting to be under the hand of a sampling officer who took a sample of milk in pursuance of a sampling notice that the provisions of sub-section (2) or sub-section (4) (whichever of the said sub-sections is applicable) of this section were complied with by him in relation to such sample shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer.

PART IX. Miscellaneous Provisions.

58 Service and evidence of bacteriological certificate.

58.—The following provisions shall have effect in relation to proceedings under this Act in respect of a sample of milk taken and dealt with under and in accordance with Part VIII of this Act, that is to say:—

• (a) where for the purpose of such proceedings a bacteriological certificate has been obtained by or on behalf of the prosecutor, a copy thereof shall be served on the defendant with the summons;

• (b) where for the purpose of any such proceedings a bacteriological certificate is intended to be produced by the defendant, a copy thereof shall be sent to the prosecutor at least three clear days before the return day, and if it is not so sent, the court may, if it thinks fit, adjourn the hearing on such terms as it may consider proper;

• (c) in any such proceedings, the production by either party of a bacteriological certificate shall be sufficient evidence of the facts stated therein unless the other party requires that the bacteriological examiner who gave such certificate shall be called as a witness.

59 Prohibition of sale of contaminated, etc., milk.

59.—(1) It shall not be lawful for any person to sell or expose or offer for sale any milk which is contaminated or dirty.

• (2) Any person who acts in contravention of 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 or to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

• (3) Any milk which has an offensive taste or smell or which, on being tested in any prescribed manner, is found to contain visible offensive matter, or bacteria to a number per unit volume greater than the prescribed number, shall be deemed for the purposes of this section to be contaminated.

• (4) An offence under this section may be prosecuted by the sanitary authority within whose sanitary district the milk is sold or exposed or offered for sale.

60 Sale of milk in public places.

60.—(1) It shall not be lawful for any person by himself or his servant to sell or deliver to a purchaser in any highway or public place milk from a vehicle or from a can or other receptacle unless there is conspicuously inscribed on such vehicle, can or receptacle his name and address and (as the case may be) the words “Bainne ar díol,” “Uachtar ar díol” or “Bláthach ar díol”.

• (2) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

• (3) Where milk is sold or delivered on behalf of a person such milk shall for the purposes of this section be deemed to have been sold or delivered by such person and not by the person who actually sold or delivered it.

61 Sale of separated or skimmed milk.

61.—(1) The Minister, after consultation with the Minister for Agriculture, may by order make regulations under this section requiring every tin or other receptacle, in which separated or skimmed milk is sold or exposed or offered for sale, to be labelled or marked in the manner provided by such regulations.

• (2) If any person sells, or exposes or offers for sale any separated or skimmed milk in any tin or other receptacle which is not labelled or marked in the manner provided by regulations made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (3) Sub-section (1) of section 1 of the Public Health (Regulations as to Food) Act, 1907, as amended by section 23 of the Local Government Act, 1925 (No. 5 of 1925), shall be construed and have effect as if the words “skimmed or separated” now contained in paragraph (d) of the said sub-section, as so amended, were omitted therefrom.

62 Establishment of milk depots by sanitary authorities.

62.—The sanitary authority of a sanitary district may, with the approval of the Minister and subject to compliance with such conditions as the Minister may think fit to impose, establish and maintain in such district depots for the sale of milk specially prepared for consumption by infants under two years of age and may purchase and prepare milk and provide such laboratories, plant and other things and exercise such other powers as may be necessary to enable them to give effect to this section.

63 Disclosure by dairymen of sources of supply of milk.

63.—(1) The medical officer of a sanitary district may from time to time serve a notice in writing on a dairyman supplying milk in such sanitary district requiring him to furnish to such medical officer within three days after the service of such notice a complete list of all sources from which he has derived such supply during the period specified in such notice.

• (2) If any dairyman upon whom a notice is served under this section either refuses or neglects to make a return in accordance with such notice or makes a return which is false or misleading in any material respect, such dairyman shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

64 Service of documents on dairymen.

64.—(1) Where a document is required by this Act to be served on a dairyman, such document shall be addressed to such dairyman and shall be served on such dairyman in some one of the following ways, that is to say:—

• (a) by delivering it to such dairyman;

• (b) by leaving it at the address at which such dairyman ordinarily resides;

• (c) by sending it by post in a prepaid registered letter addressed to such dairyman at the address at which he ordinarily resides.

• (2) For the purposes of this section a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

65 Obstruction of officers.

65.—If any person—

• (a) wilfully obstructs or impedes an inspector or a medical officer, or a veterinary officer, or any other officer of a sanitary authority in exercise of the powers conferred on him by or under this Act, or

• (b) fails to give such inspector or officer all reasonable assistance in his power, or

• (c) fails to furnish such inspector or officer with any information he may reasonably require,

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 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.

SCHEDULE. ENACTMENTS REPEALED.