Milk and Dairies Act, 1935

• Jurisdiction: Ireland
• Citation: IR No. 22/1935

Number 22 of 1935.
MILK AND DAIRIES ACT, 1935.
ARRANGEMENT OF SECTIONS
Part I.
Preliminary and General.
Section 1. Short title. 2. Commencement of Act. 3. “Milk”. 4. Presumption that milk sold, etc., is sold, etc., for human consumption in the form of milk. 5. Construction of references to sale of milk. 6. Definitions. 7. Exclusion of certain dairies and dairymen. 8. “The medical officer” 9. Presumption of sale of milk in certain cases. 10. Miscellaneous matters of interpretation. 11. Enforcement of Act by sanitary authorities. 12. Appointment of officers by sanitary authorities. 13. Right of entry on premises. 14. Public inquiries. 15. General regulations. 16. Laying of regulations before Houses of the Oireachtas. 17. Finance. 18. Saving for other Acts relating to milk and dairies. 19. Repeals.
Part II.
Registration of Dairymen and Dairies.
20. Temporary exclusion of certain dairymen from Part II. 21. Registers of dairymen. 22. Registration of dairymen. 23. Refusal of registration of dairymen. 24. Prohibition of sale of milk by unregistered dairymen or on unregistered premises. 25. Carrying on of business on death of registered dairyman. 26. Cancellation of registration on grounds of unsuitability of dairyman, etc. 27. Rectification and cancellation of registration. 28. Cancellation of registration in other cases. 29. Evidence of contents of registers of dairymen.
Part III.
Regulations in Relation to Dairies and Milk, and Inspection of Animals.
30. Temporary exclusion of certain dairymen and dairies from Part III. 31. Regulations in relation to dairies and milk. 32. Restriction on sale of pasteurised, etc., milk. 33. Prohibition of sale of milk except under special designation. 34. Inspection of animals.
PART IV.
Sale of Milk Under Special Designations.
35. Special designation licences. 36. Fees on special designation licences. 37. Prohibition of sale of milk under special designations by unlicensed persons. 38. Restriction on descriptions to be applied to milk on sale. 39. Reports by sanitary authorities.
PART V.
Prevention of Disease Likely to be Caused by Infected Milk.
40. Diseases to which Part V applies. 41. Stoppage of supplies of milk likely to cause disease. 42. Prohibition of sale of infected milk. 43. Neglect of employee to inform dairyman of milk becoming infected. 44. Prohibition of sale of milk to which an infected person has access. 45. Prohibition of access to milk by infected persons. 46. Prohibition of sale without notice of milk likely to be exposed to infection.
PART VI.
Sale of Milk from Diseased Animals.
47. Diseases to which Part VI applies. 48. Prohibition of sale of milk from animals suffering from a disease to which Part VI applies.
PART VII.
Bacteriological Examination of Milk.
49. Appointment of bacteriological examiners. 50. Bacteriological examination fees. 51. Submission of milk samples. 52. Duty of bacteriological examiner.
PART VIII.
Powers of Sampling Milk.
53. Milk sampling officers. 54. Power to take samples of milk. 55. Non-interference with traffic. 56. Taking of samples of milk outside sanitary district on requisition of medical officer of such district. 57. Division of and dealings with samples.
PART IX.
Miscellaneous Provisions.
58. Service and evidence of bacteriological certificate. 59. Prohibition of sale of contaminated, etc., milk. 60. Sale of milk in public places. 61. Sale of separated or skimmed milk. 62. Establishment of milk depots by sanitary authorities. 63. Disclosure by dairymen of sources of supply of milk. 64. Service of documents on dairymen. 65. Obstruction of officers.
SCHEDULE.
Enactments Repealed
Acts Referred to Local Government (Dublin) Act, 1930 No. 27 of 1930 Cork City Management Act, 1929 No. 1 of 1929 Limerick City Management Act, 1934 No. 35 of 1934 Courts of Justice Act, 1924 No. 10 of 1924 Local Government Act, 1925 No. 5 of 1925
Number 22 of 1935.
MILK AND DAIRIES ACT, 1935.
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE PRODUCTION AND SALE OF MILK WITH A VIEW TO IMPROVING THE STANDARDS OF PURITY AND WHOLESOMENESS THEREOF AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [14th June, 1935.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Milk and Dairies Act, 1935.
	Commencement of Act.	2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister for Local Government and Public Health, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.
	“Milk.”	3.—(1) In this Act (except in Part IV thereof) the word “milk” means any article of food which is whole milk, skimmed or separated milk, cream or buttermilk.
	(2) In Part IV of this Act the word “milk” means whole milk.
	(3) In this section the expression “whole milk” means milk from which none of the constituents have been abstracted otherwise than as a result of any cleansing process (including pasteurisation or sterilisation) to which such milk has been subjected.
	Presumption that milk sold, etc., is sold, etc., for human consumption in the form of milk.	4.—Where milk is sold, or exposed or kept for sale, it shall, unless and until the contrary is proved, be presumed, for the purposes of this Act, to be sold, exposed or kept for sale, for human consumption in the form of milk and in no other form.
	Construction of references to sale of milk.	5.—References in the subsequent provisions of this Act to the sale of milk shall be construed as references to the sale of milk for human consumption in the form of milk and in no other form, and references in the said subsequent provisions to a seller of milk shall be construed accordingly.
	Definitions.	6.—In this Act—
	the expression “the Minister” means the Minister for Local Government and Public Health;
	the expression “purveyor of milk” includes a person who is a seller of milk, whether wholesale or by retail;
	the expression “dairy” includes (save where otherwise provided in this Act) any farm, farm house, cowshed, milk store, milk shop, or other place from which milk is supplied on or for sale, or in which milk is kept or used for purposes of sale, and, in the case of a purveyor of milk who does not occupy any premises for the sale of milk, includes the place where such purveyor keeps the vessels used by him for the sale of milk;
	the expression “dairyman” includes (save where otherwise provided in this Act) a person who is the occupier of a dairy, or any purveyor of milk;
	the expression “examination” includes chemical and bacteriological and protozoological examinations and tests and any other examination or test applied to milk for the purpose of detecting infection, contamination, impurity, or any other defects in the composition thereof;
	the expression “sanitary district” means a sanitary district under the Public Health Acts, 1878 to 1931;
	the expression “the sanitary authority” in relation to a sanitary district means the sanitary authority under the Public Health Acts, 1878 to 1931, for such sanitary district;
	the expression “veterinary officer” in relation to a sanitary authority means a sanitary officer appointed by such sanitary, authority under section 11 of the Public Health (Ireland) Act, 1878, as amended by section 22 of the Local Government Act, 1925 (No. 5 of 1925);
	the word “inspector” means any person authorised by the Minister in writing (either generally or for a special purpose) to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an inspector under this Act; the word “animals” means cows or goats;
	the word “prescribed” when used in relation to the District Court means prescribed by regulations made under this Act by the Minister for Justice and in every other case means prescribed by regulations made under this Act by the Minister.
	Exclusion of certain dairies and dairymen.	7.—Where—
	(a) surplus milk produced on a farm is occasionally sold to persons for consumption by such persons or their families, and
	(b) the occupier of such farm does not in any one day sell more than one gallon of such milk, and
	(c) the selling of milk does not form part of the ordinary business of such occupier,
	then for the purposes of this Act, such farm shall be deemed not to be a dairy and such occupier shall be deemed not to be a dairyman and, for the purposes of the provisions of Part II of this Act relating to temporary exclusion of certain dairymen from Part II, and the provisions of Part III of this Act relating to temporary exclusion of certain dairies and dairymen from Part III, such milk shall be deemed not to have been sold to such persons.
	“The medical officer.”	8.—(1) The expression “the medical officer” means—
	(a) when used in relation to a sanitary district which is a county borough, the medical superintendent officer of health for such county borough or the...