No. 44/1936:

SALE OF FOOD AND DRUGS (MILK) ACT, 1936

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Extension of class of officers authorised to procure and take samples of milk.

3 Method of taking samples of milk, etc.

4 Amendment of section 2 of the Act of 1935.

5 Sale of milk, etc. not of the proper nature, substance and quality.

6 Amendment of section 7 of the Act of 1935.

7 Amendment of section 8 of the Act of 1935.

8 Expenses.

9 Short title and citation.

AN ACT TO AMEND THE SALE OF FOOD AND DRUGS ACTS, 1875 TO 1935, IN RELATION TO MILK.

[14th August, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Principal Act" means the Sale of Food and Drugs Act, 1875;

the expression "the Act of 1879" means the Sale of Food and Drugs Act Amendment Act, 1879;

the expression "the Act of 1899" means the Sale of Food and Drugs Act, 1899;

the expression "the Act of 1935" means the Sale of Food and Drugs (Milk) Act, 1935 (No. 3 of 1935);

the expression "the Acts" means the Sale of Food and Drugs Acts, 1875 to 1935;

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "whole milk" has the same meaning as in the Act of 1935.

2.—(1) The powers of procuring samples of milk conferred by section 13 of the Principal Act on an authorised officer, may be exercised within a sanitary district by a person (in this sub-section referred to as a sampling officer) who is an authorised sanitary officer for such district, and the provisions of the Acts in relation to samples of milk so procured under the said section 13 by an authorised officer shall apply in relation to samples of milk procured, by virtue of this sub-section, by a sampling officer in like manner as if such samples were procured by an authorised officer under the said section 13 and as if such sampling officer were an authorised officer, and the provisions of section 17 of the Principal Act (so far as relates to milk) and of section 16 of the Act of 1899 shall apply and have effect as if the references therein to an authorised officer included references to a sampling officer.

(2) The powers of taking without payment samples of milk conferred by section 3 of the Act of 1879, as amended by section 5 of the Act of 1935, on an authorised officer may be exercised within a sanitary district by a person (in this sub-section referred to as a sampling officer) who is an authorised sanitary officer for such district, and the provisions of the Acts in relation to samples of milk so taken under the said section 3, as so amended, by an authorised officer shall apply in relation to samples of milk taken, by virtue of this sub-section, by a sampling officer in like manner as if such samples were taken by an authorised officer and as if such sampling officer were an authorised officer, and the provisions of section 4 of the Act of 1879, and of section 16 of tie Act of 1899 shall apply and have effect as if the references therein to an authorised officer included references to a sampling officer.

(3) The powers conferred by either of the two immediately preceding sub-sections on an authorised sanitary officer of procuring or taking samples of milk within a sanitary district shall be exercised under the direction and at the cost of the sanitary authority for such district.

(4) In this section—

the expression "authorised officer" means a person authorised by section 13 of the Principal Act to procure samples of food and drugs;

the expression "authorised sanitary officer", when used in relation to a sanitary district, means a person who is a sanitary officer of the sanitary authority for such district and who has been appointed by such sanitary authority (with the consent of the Minister) to be a milk sampling officer for the purposes of the Milk and Dairies Act, 1935 (No. 22 of 1935);

the word "milk" means any article of food which is whole milk, skimmed or separated milk, cream or buttermilk.

3.—(1) Every sample of milk taken under the Acts shall be taken in the prescribed manner and shall be of the prescribed amount.

(2) The Minister, after consultation with the Minister for Agriculture, may by order make regulations in relation to any matter referred to in the immediately preceding sub-section as prescribed, and the word "prescribed" in the said sub-section means prescribed by such regulations.

(3) Regulations under this section may provide for different prescribed manners of taking under the Acts samples of milk according to the different containers in which and the different methods by which milk is sold and, in the case where milk is contained in closed receptacles for sale retail in such receptacles, such regulations may provide for the taking of one such receptacle as a sample of such milk.

4.—Section 2 of the Act of 1935 shall be construed and have effect as if the following clause were inserted in paragraph (a) of sub-section (1) of that section in lieu of clause (i) now contained therein, that is say:—

"(i) less than the prescribed percentage (if any) of milk-fat, or".

5.—(1) Where a person sells as whole milk, skimmed or separated milk, cream, or buttermilk, any article of food then, notwithstanding anything contained in sub-section (1) of section 2 of the Act of 1935, as amended by this Act, such person shall not be deemed, for the purposes of section 6 of the Principal Act, not to have sold to the prejudice of the purchaser an article of food which is not of the nature, substance and quality of the article demanded by such purchaser by reason only that the article of food so sold contains not less than—

( a ) in case it is sold as whole milk, the prescribed percentage of milk-fat and the prescribed percentage of milk-solids, other than milk-fat, or

( b ) in case it is sold as skimmed or separated milk, the prescribed percentage of milk-solids, other than milk-fat, or

( c ) in case it is sold as cream, the prescribed percentage of milk-fat, or

( d ) in case it is sold as buttermilk, the prescribed percentage of milk-solids, other than milk-fat.

(2) In this section the word "prescribed" means prescribed by regulations made under sub-section (2) of section 2 of the Act of 1935.

6.—Sub-section (1) of section 7 of the Act of 1935 shall be construed and have effect as if there were inserted therein after the words "the Principal Act" now contained therein the words and figures "or is taken without payment under section 3 of the Act of 1879, as amended by this or any subsequent Act."

7.—Section 8 of the Act of 1935 shall be construed and have effect as if there were inserted therein after the words and figures "section 13 of the Principal Act" now contained therein the words and figures "or is taken without payment under section 3 of the Act of 1879, as amended by this or any subsequent Act."

8.—All expenses incurred by the Minister or the Minister for Agriculture under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—This Act may be cited as the Sale of Food and Drugs (Milk) Act, 1936 , and this Act and the Sale of Food and Drugs Acts, 1875 to 1935, may be cited together as the Sale of Food and Drugs Acts, 1875 to 1936.