No. 148/1938:

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

ARRANGEMENT OF ARTICLES.

1. Citation.

2. Interpretation.

3. Definitions.

4. References to the sale of milk.

5. Service of notices.

6. The special designations.

7. Producer's licence.

8. Additional producer's licence.

9. Pasteuriser's licence.

10. Additional pasteuriser's licence.

11. Milk bottler's licence.

12. Additional milk bottler's licence.

13. Dealer's licence.

14. Grant of licences to sanitary authorities.

15. Sale of milk as Standard Milk under licence relating to Highest Grade Milk.

16. Provisions in relation to notices and advertisements.

17. Notification of registration.

18. Applications for licences generally.

19. Application for producer's licence (Highest Grade Milk).

20. Application for producer's licence (Standard Milk).

21. Conditions to which licences are subject.

22. Duty of licensing authority to which application is made for a licence.

23. Appeal against refusal of dealer's licence.

24. Revocation, etc., of licence by Minister.

25. Revocation, etc., of dealer's licence by sanitary authority.

26. Appeal against revocation or suspension of dealer's licence.

27. Form of licence.

28. Duration of licence.

29. Fee for licence.

30. Application of Milk and Dairies Regulations, 1936.

FIRST SCHEDULE.

General conditions to which licences are subject.

SECOND SCHEDULE.

Special conditions to which licences are subject.

THIRD SCHEDULE.

Forms of licences.

FOURTH SCHEDULE.

Annual fees for licences.

STATUTORY RULES AND ORDERS.

1938. No. 148.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Sections 31 and 35 of the Milk and Dairies Act, 1935 , with the concurrence of the Minister for Agriculture and in exercise of the further power conferred on him by Sections 15 and 36 of the said Act with the approval of the Minister for Finance hereby makes the following regulations, that is to say:—

1. These regulations may be cited as the Milk and Dairies (Special Designations) Regulations, 1938.

2. The Interpretation Act, 1937 , applies to these regulations.

3. In these regulations the following words and expressions shall have the meanings hereby assigned to them, that is to say:—

"The Act" means the Milk and Dairies Act, 1935 .

"The Minister" means the Minister for Local Government and Public Health.

"Licence" means a special designation licence granted under these regulations.

"Licensing authority" means in relation to any application for the grant of a licence the authority empowered by these regulations to grant such licence, and in relation to any licence which has been granted means the authority by which the licence was granted.

"Milch cow" means a cow kept for milking purposes;

"Herd" means the milch cows in respect of which any licence has been applied for or granted, as the case may be, and includes any bovine animal for the time being kept in contact with such cows.

"The producer" when used in relation to any milk means the dairyman owning or having control of the herd from which such milk has been or is to be obtained, and the word "produce" and other cognate words and expressions shall be construed accordingly.

"Bottle" means any closed receptacle of a capacity not exceeding one quart.

To "bottle" milk means to put milk into a bottle for the purposes of sale therein.

"Clinical examination" means a clinical examination carried out by a veterinary surgeon nominated or approved by the Minister in accordance with any directions issued by the Minister from time to time, and "veterinary surgeon's certificate" means a certificate in a form directed by the Minister signed by the person who has made such a clinical examination certifying the result thereof.

"Prescribed tuberculin test" means a test made with such tuberculin and in such manner as the Minister may direct from time to time by a veterinary surgeon nominated or approved by the Minister, and "certificate of a prescribed tuberculin test" means a certificate in a form directed by the Minister signed by the person making the test certifying the result thereof.

4.—(1) References in these regulations to the sale of milk shall be construed as references to the sale of milk for human consumption in the form of whole milk and in no other form.

(2) Where milk is sent by a dairyman from any premises in a vehicle which is the property or under the control of such dairyman for delivery or sale from such vehicle to a purchaser such milk shall be deemed for the purposes of these regulations to be sold at such premises.

5.—(1) Where a notice is required by these regulations to be served on any person such notice shall be addressed to such person and shall be served on such person in some one of the following ways, that is to say:—

(a) by delivering it to such person;

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

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

(2) For the purposes of this Article 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.

6. The following designations shall be special designations for the purposes of Part IV of the Act, that is to say:—

(1) Highest Grade Milk.

(2) Standard Milk.

(3) Pasteurised Milk.

7.—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "producer's licence") entitling the holder of the licence to sell milk under the special designation to which the licence relates if,

(a) such milk has been produced by such holder from a herd in a dairy specified in the licence, and

(b) such milk has not been bottled except at such premises (if any) as are specified for that purpose in the licence.

(2) A producer's licence may relate to the special designation Highest Grade Milk or to the special designation Standard Milk but shall not relate to the special designation Pasteurised Milk.

8.—(1) On the application of the holder of a producer's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence in either or both of the following ways, that is to say:—

(a) by entitling such holder to sell milk which has been produced by him from a herd in a dairy not specified for that purpose in the original licence;

(b) by entitling such holder to sell under the original licence milk which has been bottled at one or more premises not specified for that purpose in the original licence.

(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.

9.—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "pasteuriser's licence") entitling the holder of the licence to sell milk under the special designation Pasteurised Milk if,

(a) such milk has been pasteurised by such holder in a dairy specified in the licence, and

(b) such milk has not been bottled except at such premises (if any) as are specified for that purpose in the licence.

10.—(1) On the application of the holder of a pasteuriser's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence in either or both of the following ways, that is to say:—

(a) by entitling such holder to sell under the original licence milk which has been pasteurised by him in a dairy not specified for that purpose in the original licence;

(b) by entitling such holder to sell under the original licence milk which has been bottled at one or more premises not specified for that purpose in the original licence.

(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.

11.—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "milk bottler's licence") entitling the holder of the licence to sell under the special designation to which the licence relates milk bottled by him at premises specified in the licence if, such milk has not been produced or pasteurised by such holder but has been purchased by such holder under such special designation.

(2) A milk bottler's licence may relate to any special designation.

12.—(1) On the application of the holder of a milk bottler's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence by entitling such holder to sell milk which has been bottled by him at premises not specified for that purpose in the original licence.

(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.

13.—(1) Subject to the provisions of these regulations the sanitary authority of a sanitary district may grant to any person a licence (in these regulations referred to as a "dealer's licence") entitling the holder of the licence to sell milk under the special designation to which the licence relates at any premises in such sanitary district which are for the time being approved for that purpose by the sanitary authority or the Minister if such milk has not been produced or pasteurised or bottled by such holder but has been purchased by such holder under such special designation.

(2) A dealer's licence may relate to any special designation.

(3) Before a dairyman who is the holder of a dealer's licence granted by the sanitary authority of one sanitary district, carries on in any other sanitary district, any portion of his business which relates to the sale of milk by virtue of such licence, under the special designation to which such licence relates, such dairyman shall notify the sanitary authority of such other sanitary district that he holds such dealer's licence and shall furnish such particulars of such licence as may be required from him.

14. The Minister may grant to a sanitary authority which proposes to sell milk under a special designation in pursuance of Section 62 of the Act a licence in such form as the Minister shall from time to time direct and subject to such conditions as the Minister shall impose entitling such sanitary authority to sell milk under such special designation, and the provisions of these regulations (except this Article) shall not have effect in relation to such a licence.

15. The holder of a licence relating to the special designation Highest Grade Milk may sell milk by virtue of such licence under the special designation Standard Milk if, and only if, such milk is milk which such holder is entitled to sell under the special designation Highest Grade Milk by virtue of such licence, and (in the case of a dealer's licence) such milk is sold in the sanitary district in which such holder is entitled to sell milk under the special designation Highest Grade Milk by virtue of such licence.

16.—(1) If the holder of a license relating to any special designation sells milk by retail as part of his ordinary business under no special designation he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of milk under such special designation unless he includes also a reference to milk without any special designation in letters not less conspicuous and of approximately equal size.

(2) If the holder of a licence relating to the special designation Highest Grade Milk sells (otherwise than by virtue of such licence) milk by retail as part of his ordinary business under any other special designation he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of Highest Grade Milk unless he includes also a reference to such other special designation in letters not less conspicuous and of approximately equal size.

(3) If the holder of a licence relating to the special designation Standard Milk sells milk by retail as part of his ordinary business under the special designation Pasteurised Milk he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of Standard Milk unless he includes also a reference to Pasteurised Milk in letters not less conspicuous and of approximately equal size.

17.—(1) Every application to the Minister for a licence shall state every premises in respect of which the applicant is registered in the register of dairymen kept under the Act by the sanitary authority of a sanitary district.

(2) If a dairyman, being the holder of a licence granted to him by the Minister, is at any time after such grant registered in a register of dairymen kept under the Act by the sanitary authority of a sanitary district, in respect of any premises being premises in respect of which such dairyman was not registered at the time of such grant such dairyman shall notify the Minister of such registration, and such dairyman shall not before such notification carry on in such premises any portion of his business which relates to the sale of milk by virtue of such licence under the special designation to which such licence relates.

18. Every application for a licence shall be made in writing to the licensing authority.

19.—(1) The applicant for a producer's licence, other than a licence in renewal of an existing licence, relating to the special designation Highest Grade Milk shall comply with the following provisions, that is to say:—

(a) He shall furnish the Minister with a certificate of a prescribed tuberculin test, carried out not more than one month before the date of the application, of every animal of the herd which is not less than six months old at the date of the application.

(b) He shall furnish the Minister with a veterinary surgeon's certificate of a clinical examination of every animal of the herd carried out not more than one month before the date of the application.

(c) He shall satisfy the Minister that any animal certified as not having passed the said prescribed tuberculin test, and any animal certified as showing evidence of any disease or condition which is likely to cause the milk of the herd to be injuriously affected has been removed or isolated from such herd as the case may require.

(2) In the case of any application for a producer's licence made before the coming into operation of Part IV of the Act the Minister may dispense with compliance with this Article if he is satisfied that the animals of the herd have already been subjected to tuberculin tests and clinical examinations over a sufficient period and that adequate precautions have been taken against infection with tuberculosis and any other disease or condition which is likely to cause the milk of the herd to be injuriously affected.

20. The applicant for a producer's licence relating to the special designation Standard Milk, shall furnish the Minister with a veterinary surgeon's certificate of a clinical examination, carried out not more than one month before the date of the application, of every milch cow of the herd and shall satisfy the Minister that any cow which has been certified as showing evidence of a disease or condition which is likely to cause the milk of the herd to be injuriously affected has been removed or isolated from such herd as the case may require.

21.—(1) Every licence shall be in compliance with these regulations and subject to the general conditions set out in the first schedule to these regulations.

(2) In addition to the said general conditions every licence shall be subject to the special conditions set out in the second schedule to these regulations and appropriate to such licence.

(3) No milk shall be sold under the special designation to which a licence relates, in respect of which any condition to which such licence is subject has not been complied with.

22.—(1) A licensing authority shall refuse an application for a licence unless it is satisfied that the applicant for such licence is a fit and proper person to be the holder of a licence, and that the arrangements made by the applicant for the production, storage, treatment and distribution (as the case may be) of the milk to be sold by virtue of such licence are such as to comply with the conditions subject to which the licence may be granted; and that, if such licence is granted to the applicant, having regard to the nature of the milk (if any) being produced or sold (as the case may be) at the time of such application and to every other relevant circumstance, the milk to be sold by virtue of such licence is likely to comply with such conditions.

(2) A licensing authority may refuse an application for a licence on the ground that the applicant has been convicted of an offence under the Act or under the Sale of Food and Drugs Acts, 1875 to 1936, in relation to the sale of milk.

(3) Except in the cases mentioned in the foregoing two paragraphs, the licensing authority to which an application for a licence is duly made shall grant a licence to the applicant in accordance with such application.

(4) Whenever a licensing authority decides to refuse an application for a licence such licensing authority shall serve notice of such decision on the applicant with all convenient speed.

23.—(1) Where the licensing authority decides to refuse an application for a dealer's licence the applicant may, within fourteen days, of the service of notice of such refusal appeal to the Minister against such refusal.

(2) On an appeal to the Minister under this Article against the refusal of a licence the Minister may, as he shall think proper, either confirm the refusal or direct the licensing authority to grant such licence.

(3) The licensing authority shall comply with any direction to grant a licence given by the Minister under this Article.

(4) For the purposes of an appeal under this Article any reference in these regulations to the satisfaction or to the approval of the licensing authority shall be treated as if it were a reference to the satisfaction or to the approval of the Minister (as the case may be).

(5) When the Minister decides an appeal under this Article he shall cause notice of his decision to be served on the appellant and on the licensing authority from whose decision such appeal was made.

(6) The decision by the Minister of an appeal under this Article shall be final.

24.—(1) The Minister may, subject to the provisions of this Article, suspend any licence for a specified period.

(2) The Minister may, subject to the provisions of this Article, at any time revoke a licence granted by him.

(3) The Minister may by order, subject to the provisions of this Article, at any time revoke a dealer's licence and may by the same or a subsequent order direct that no dealer's licence shall be granted by the same or (if he thinks fit) any other sanitary authority to the holder of such revoked licence.

(4) A sanitary authority shall not grant a dealer's licence to any person in contravention of a direction given by the Minister under the next preceding sub-article unless and until such direction has been withdrawn by order of the Minister.

(5) The Minister shall not suspend or revoke a licence by reason only of any milk being found not to satisfy the requirements of any condition in regard to bacterial content or quality after such milk has left the custody and control of the holder of the licence, if the Minister is satisfied that such failure was due to circumstances arising after such milk had so left the custody and control of such holder and without any default of such holder or his servants or agents.

(6) Where the Minister revokes or suspends a licence under this Article he shall serve with all convenient speed on the holder of such licence notice of such revocation or suspension and such revocation or suspension shall not take effect until the service of such notice.

25.—(1) The licensing authority may, subject to the provisions of this Article, suspend for a specified period or revoke a dealer's licence in any of the following circumstances, that is to say:—

(a) if the holder of the licence has been convicted of an offence under the Act or under the Sale of Food and Drugs Acts, 1875 to 1936, in relation to the sale of milk;

(b) if the licensing authority is of opinion that such holder is no longer a fit and proper person to be the holder of a licence;

(c) if the licensing authority is of opinion that such holder has failed to comply with any of the conditions to which such licence is subject;

(d) if the licensing authority is of opinion that the grant of the licence was procured by fraud or by misrepresentation, whether fraudulent or innocent.

(2) The licensing authority shall not suspend or revoke a dealer's licence by reason only of any milk being found not to satisfy the requirements of any condition in regard to bacterial content or quality after such milk has left the custody and control of the holder of the licence, if the licensing authority is satisfied that such failure was due to circumstances arising after such milk had so left the custody and control of such holder and without any default of such holder ox his servants or agents.

(3) Where the licensing authority decides to suspend or revoke a dealer's licence they shall serve with all convenient speed on the holder of such licence notice of such decision.

(4) A decision of the licensing authority to suspend or revoke a dealer's licence shall not take effect until fourteen days have elapsed from the service on the holder of such licence of the notice of such decision or, in the case of an appeal under these regulations against such decision notice of which has been given to the licensing authority within such fourteen days, until the service on the holder of such licence of notice of the Minister's decision of such appeal.

26.—(1) Where the licensing authority decide to suspend or revoke a dealer's licence, the holder of such licence may within fourteen days of the service on him of notice of such decision and after giving notice to the licensing authority appeal to the Minister against such decision.

(2) On an appeal to the Minister under this Article against the revocation of a licence the Minister may, as he shall think proper, either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper.

(3) On an appeal to the Minister under this Article against the suspension of a licence the Minister may, as he shall think proper, either confirm or annul such suspension or reduce or extend the period thereof.

(4) For the purposes of an appeal under this Article any reference in these regulations to the satisfaction or to the approval or to the opinion of the licensing authority shall be treated as if it were a reference to the satisfaction or to the approval or to the opinion of the Minister (as the case may be).

(5) When the Minister decides an appeal under this Article he shall cause notice of his decision to be served on the appellant and on the licensing authority from whose decision such appeal was made.

(6) The decision by the Minister of an appeal under this Article shall be final.

27. Every licence shall be in the form set forth in the third schedule to these regulations appropriate to such licence.

28.—(1) Every licence other than an additional licence shall continue in force until the 31st day of December next after the date on which the licence comes into force (unless before that day such licence is revoked or suspended) and, subject to the provisions of the next following sub-article, shall then expire.

(2) If an application is made for a new dealer's licence in renewal of an existing dealer's licence which is in force at the date of such application and the licensing authority decide to refuse such application such existing dealer's licence shall continue in force for fourteen days after the service on the holder of such existing dealer's licence of notice of such decision but if before the expiration of such fourteen days an appeal is made against such refusal and such holder has paid to the licensing authority a fee for such continuance equal to one quarter of the annual fee for such licence, such licence shall continue in force until the determination of such appeal.

(3) If a new dealer's licence is granted by the licensing authority to the holder of an existing dealer's licence which has been continued in force by virtue of the next preceding sub-article after the 31st day of December in any year the fee for the continuance in force of such licence paid by such holder to the licensing authority under the said sub-article shall be allowed as a credit against any fee payable by such holder in respect of such new dealer's licence.

29.—(1) The annual fee for any licence shall be the amount determined for such licence under the fourth schedule to these regulations.

(2) The fees payable to licensing authorities in respect of the grant of licences shall be as follows, that is to say:—

(a) where the licence comes into force before the 1st day of April—the annual fee for the licence;

(b) where the licence comes into force after the 31st day of March but before the 1st day of July—three-quarters of such annual fee;

(c) where the licence comes into force after the 30th day of June but before the 1st day of October—one half of such annual fee;

(d) where the licence comes into force after the 30th day of September—one-quarter of such annual fee.

(3) No licence shall be granted by a licensing authority until the fee prescribed by this Article has been paid.

(4) Every fee for a licence paid to a sanitary authority shall be utilised by such sanitary authority in defraying the expenses incurred by such sanitary authority under the Public Health Acts, 1878 to 1931, or where such sanitary authority is a rural sanitary authority, in defraying so much of such expenses as are general expenses within the meaning of Section 232 of the Public Health (Ireland) Act, 1878.

30. Sub-article (2) of Article 39 and sub-article (4) of Article 41 of the Milk and Dairies Regulations, 1936, shall have effect in relation to any sale container or other receptacle which has been filled with milk for the purposes of sale under the special designation Pasteurised Milk, with the modification that such sale container or other receptacle shall be marked with the day of the week on which such milk was pasteurised in lieu of the day of the week on which such milk was produced.

ARTICLE 21.

FIRST SCHEDULE.

GENERAL CONDITIONS TO WHICH LICENCES ARE SUBJECT.

1. The arrangements and processes under and by which the milk is produced, stored, treated and distributed, as the case may be, shall be such as to satisfy the licensing authority that the requirements of all Acts and Regulations relating to Milk and Dairies and the conditions of these regulations subject to which the licence is granted are being and will be complied with.

2. The holder of the licence shall take such measures as the licensing authority may require to ensure that milk which he is entitled to sell under the special designation shall be kept separate at all stages from all other milk.

3. The holder of the licence shall

(a) keep accurate daily records of the quantities produced, purchased and sold, as the case may be, of the milk which the holder is entitled to sell under the special designation and of the names and addresses of the persons from whom such milk was purchased and to whom it was sold otherwise than by retail;

(b) carry out all directions and comply with all instructions issued by the licensing authority in relation to the production, storage, treatment, and distribution of such milk;

(c) permit any person duly authorised by the licensing authority or by the Minister

(i) to inspect the processes of production, storage, treatment and distribution of such milk, and any premises in which such processes are carried on;

(ii) to take samples of such milk free of charge;

(iii) to inspect any records which the holder is required by the conditions of the licence to keep;

(d) permit any duly qualified medical practitioner authorised by the licensing authority or by the Minister to examine any person who frequents any premises in which the milk is produced, stored, treated or distributed, and, where such practitioner thinks it advisable to take specimens for further examination.

ARTICLE 21.

SECOND SCHEDULE.

SPECIAL CONDITIONS TO WHICH LICENCES ARE SUBJECT.

PART I.

HIGHEST GRADE MILK.

SECTION A.

Applicable only to Producers' Licences.

1.—(1) Subject to the provisions of this condition every animal of the herd shall so long as it remains in the herd be submitted from time to time to a predscribed tuberculin test at an interval of not less than two months and not greaterthan six months after the last preceding test of such animal.

(2) Every animal which is born in the herd after the date on which the licence is applied for need not be submitted to a prescribed tuberculin test before it is twelve months old.

(3) Every animal born in the herd before the date when the licence is applied for which is not six months old on that date shall be submitted to a prescribed tuberculin test before it is six months old.

2.—(1) Every animal not born in the herd and added to the herd before it is six months old shall be submitted to a prescribed tuberculin test before it is six months old.

(2) No animal shall be added to the herd after it is six months old unless either—

(a) such animal is taken directly from a herd in respect of which a producer's licence is in force relating to the special designation Highest Grade Milk, and such animal has been certified as having passed a prescribed tuberculin test on the occasion of the last test of such animal in such herd, or

(b) such animal has passed a prescribed tuberculin test within fourteen days before it is added to the herd.

3. Every animal which is added to the herd after it is six months old shall be isolated from the rest of the herd for a period of two months and then submitted again to a prescribed tuberculin test, unless such animal has been taken directly from another herd in respect of which a producer's licence is in force relating to the special designation Highest Grade Milk and has been certified as having passed its last prescribed tuberculin test in such other herd.

4. The holder of the licence shall permit the licensing authority at any reasonable time to submit any animal of the herd to a tuberculin test at the cost of the licensing authority.

5. When the certificate of a prescribed tuberculin test of any animal of the herd states that such animal failed to pass such test such animal shall be immediately isolated from the rest of the herd and shall be removed from the herd as soon as possible, and no milk from such animal shall after the date of such certificate be sold under the special designation Highest Grade Milk.

6. No animal of the herd shall, without the consent of the licensing authority, be injected or otherwise treated with tuberculin except on the occasion of a prescribed tuberculin test, and no such animal shall, without the consent of the licensing authority, be inoculated or vaccinated against tuberculosis.

7. Whenever a prescribed tuberculin test of an animal of the herd is carried out the holder of the licence shall send to the licensing authority a certificate of the result of such test, in the case of the first test of an animal added to the herd, within seven days of such addition, and in any other case within seven days of the completion of such test.

8. The herd shall be completely isolated from all other cattle, and all reasonable precautions shall be taken to protect the herd and its milk from infection with tuberculosis or any other disease or condition which may cause the milk of the herd to be injuriously affected.

9.—(1) Every animal of the herd shall from time to time be submitted to clinical examinations at intervals not greater than six months, and within seven days after every such clinical examination, the holder of the licence shall send to the licensing authority a veterinary surgeon's certificate certifying the result of the examination.

(2) The clinical examination required by this condition shall be in addition to and distinct from the clinical examination carried out as part of the inspection of the animals in the dairy of the holder of the licence caused to be made by a sanitary authority in pursuance of the general regulations in relation to the inspection of animals in dairies.

10.—(1) Every animal of the herd which at any time is affected by any disease or condition which may cause the milk of the herd to be injuriously affected shall immediately be isolated from the rest of the herd or removed from the herd as the case may require, and precautions shall be taken to protect the milk of the herd against contamination or infection from such disease or condition.

(2) Every cow of the herd which calves prematurely shall be isolated from the rest of the herd for a period of at least two months after such calving.

(3) Where as a result of a clinical examination of any animal of the herd, the person by whom such clinical examination was carried out certifies that such animal is affected by a disease or condition which is likely to cause the milk of the herd to be injuriously affected such person may direct on such certificate whether in pursuance of paragraph (1) of this condition such animal is to be isolated from the rest of the herd or removed from the herd, and, in the case where the animal is to be isolated from the rest of the herd, the period during which such isolation is to continue and also in either case any other special precautions to be taken in respect of such animal or its milk.

(4) Where a person holding a clinical examination of an animal of the herd directs in pursuance of the next preceding paragraph any matters on his certificate he shall give to the holder of the licence, or the representative of such holder, a copy of such certificate and such direction, and such holder or such representative shall comply with such direction and shall send to the licensing authority with such certificate a statement showing the action taken by him in pursuance of such direction.

(5) No milk from any animal which is isolated from the rest of the herd in pursuance of this condition shall be sold under the special designation Highest Grade Milk.

11. Every animal of the herd shall be marked in accordance with the directions of the licensing authority with a suitable identification mark, and such mark shall not be altered without the consent of the licensing authority.

12. The holder of the licence shall keep a register of the herd in such a place and manner as to be readily available for inspection and shall record or cause to be recorded in the register, the following matters, that is to say—

(a) a short description of every animal of the herd and the name and the identification mark of such animal;

(b) the isolation of any animal with the reason;

(c) the removal of any animal from the herd with the reason, and the manner in which such animal has been disposed of;

(d) the dates of admission or readmission of every animal to the herd;

(e) the dates on which prescribed tuberculin tests and clinical examinations of animals of the herd were carried out and the results of such tests and examinations.

13. Where any animal is added to, re-added to, isolated from or removed from the herd, the holder of the licence shall notify the licensing authority with all reasonable speed and in the case of isolation or removal shall also inform the licensing authority of the reasons for such isolation or removal and every other relevant circumstance.

14. No cow of the herd shall be milked except in a properly equipped cowshed or milking shed or in some place (not being a cowshed or milking shed) which is approved by the licensing authority.

15. As soon as any cow of the herd has been milked the milk shall be cooled without any delay, except such delay as may be necessary to remove the milk from the cowshed or other milking place and to strain the milk, to a temperature not higher than 60° Fahrenheit, by means of cooling apparatus which has been approved by the licensing authority.

16. No milk shall be sold by virtue of the licence without the consent of the licensing authority unless during the period between the making of the application on which the licence was granted and the coming into force of the licence the foregoing conditions (except Conditions 14 and 15) have been complied with as if the licence had been in force during the said period.

SECTION B.

Applicable to all Licences.

17.—(1) A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation Highest Grade Milk shall not be allowed to come into contact with milk which is to be sold under the said special designation until such vessel or appliance has been thoroughly cleansed and scalded.

(2) A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation Highest Grade Milk or the special designation Standard Milk shall not be allowed to come into contact with milk which is to be sold under the special designation Standard Milk until such vessel or appliance has been thoroughly cleansed and scalded.

18. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation Highest Grade Milk to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits such scalding shall be effected by means of steam under pressure.

19. No milk shall be sold under the special designation Highest Grade Milk or under the special designation Standard Milk which has been heated (except for consumption as hot milk) or which has been treated in any other manner likely to affect its nature or qualities injuriously, or to which any colouring matter has been added.

20.—(1) No milk shall be sold under the special designation Highest Grade Milk or the special designation Standard Milk otherwise than in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions, unless such milk is sold for consumption on the premises in which it is sold.

(2) No milk shall be sent from the dairy in which it is produced or from any other premises for the purposes of sale under either of the said special designations, except in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions.

(3) Every unventilated sealed container such as is referred to in this condition shall be clearly labelled or marked with

(a) the name and address of the dairyman by whom it was filled;

(b) the day of the week on which the milk was produced;

(c) the word "morning" or the word "evening" according to the time of the milking at which the milk was produced;

(d) the special designation under which the milk is to be sold

21. When the milk is sold in bottles the following conditions shall apply, that is to say:—

(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed after being filled by means of a sterile cap, lid or other device approved by the licensing authority.

(2) On every bottle used, or on the cap, lid or other closing device of such bottle, the following shall be clearly inscribed, that is to say:

(a) The name and address of the dairyman by whom the bottle was filled.

(b) The day of the week on which the milk was produced.

(c) The special designation under which the milk is to be sold.

(3) In addition to the words referred to in the foregoing paragraph the word "morning" or the word "evening" (according to the time of the milking at which the milk was produced) may be marked on a bottle or on the cap, lid or other closing device of a bottle.

(4) No words except the words referred to in this condition may be marked or inscribed on a bottle or on the cap, lid or other closing device of a bottle.

22. For the purposes of these conditions a sample may be taken either—

(a) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation Highest Grade Milk; or

(b) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the said special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.

23.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that

(a) any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller, or consignor or his agent shall not apply, and

(b) save for the purpose of complying with paragraph (5) of this condition the sample shall not at any time be packed in ice.

(2) All milk which the holder of the licence is entitled to sell under the special designation Highest Grade Milk shall be so produced and treated that any sample taken for the purposes of this condition shall satisfy within the meaning of this condition the following tests, which tests shall be carried out by persons approved by the Minister in accordance with directions issued by the Minister from time to time, that is to say—

(a) a methylene blue reduction test ;

(b) a test for coliform bacillus.

(3) The tests of any sample of milk mentioned in this condition shall not be begun before the time specified for such sample in the following table or after the expiration of 18 hours from such time:—

(4) During the period between the taking of a sample of milk and the time mentioned in the table in paragraph (3) of this condition the sample shall be kept at atmospheric (shade) temperature.

(5) Where the tests of a sample of milk are not begun at the time mentioned in the table in paragraph (3) of this condition the sample shall be cooled at such time to a temperature between 32° Fahrenheit and 40° Fahrenheit and kept at such a temperature until the tests are begun.

(6) A sample of milk taken on any date from the 1st day of May to the 31st day of October shall be deemed to have satisfied the methylene blue reduction test if it fails to decolourise the methylene blue within 5 hours, and a sample of milk taken on any date from the 1st day of November to the 30th day of April shall be deemed to have satisfied the said test if it fails to decolourise the methylene blue within 6 hours.

(7) The test for coliform bacillus shall be carried out on one hundredth part of a cubic centimetre of the sample and a sample shall be deemed to have satisfied such test if no coliform bacillus is found in such portion.

24.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Sale of Food and Drugs Acts, 1875 to 1936, and any regulations made thereunder for the taking of a sample of milk for the purposes of the said Acts, except that

(a) any provision of the said Acts requiring the person taking such sample to divide such sample into three parts and to deliver one part to the seller or his agent and to retain one part shall not apply, and

(b) the sample may be of any amount not less than one half pint, and

(c) the sample may be taken by means of a dipper of a capacity not less than one half pint.

(2) All milk which the holder of the licence is entitled to sell under the special designation Highest Grade Milk shall be so produced and treated that any sample taken for the purposes of this condition shall be found to contain not less than 3·5 per cent. of milk fats.

PART II.

STANDARD MILK.

SECTION A.

Applicable only to Producers' Licences.

1. The cows in milk belonging to the herd shall be kept separate from all other cows in milk.

2. Every milch cow of the herd shall from time to time be submitted to clinical examinations at intervals not greater than three months, and within seven days after such clinical examination the holder of the licence shall send to the licensing authority a veterinary surgeon's certificate certifying the result of the examination.

3.—(1) Every animal of the herd which at any time is affected by any disease or condition which may cause the milk of the herd to be injuriously affected shall immediately be isolated from the rest of the herd or removed from the herd as the case may require, and precautions shall be taken to protect the milk of the herd against contamination or infection from such disease or condition.

(2) Every cow of the herd which calves prematurely shall be isolated from the rest of the herd for a period of at least two months after such calving.

(3) Where as a result of a clinical examination of any animal of the herd, the person by whom such clinical examination was carried out certifies that such animal is affected by a disease or condition which is likely to cause the milk of the herd to be injuriously affected such person may direct on such certificate whether in pursuance of paragraph (1) of this condition such animal is to be isolated from the rest of the herd or removed from the herd, and, in the case where the animal is to be isolated from the rest of the herd, the period during which such isolation is to continue and also in either case any other special precautions to be taken in respect of such animal or its milk.

(4) Where a person holding a clinical examination of an animal of the herd directs in pursuance of the next preceding paragraph any matters on his certificate he shall give to the holder of the licence, or the representative of such holder, a copy of such certificate and such direction and such holder or such representative shall comply with such direction, and shall send to the licensing authority with such certificate a statement showing the action taken by him in pursuance of such direction.

(5) No milk from any animal which is isolated from the rest of the herd in pursuance of this condition shall be sold under the special designation Standard Milk.

4. Every milch cow of the herd shall be marked in accordance with the directions of the licensing authority with a suitable identification mark, and such mark shall not be altered without the consent of the licensing authority.

5. The holder of the licence shall keep a register of the herd in such a place and manner as to be readily available for inspection and shall record or cause to be recorded in the register the following matters, that is to say:—

(a) A short description of every milch cow of the herd and the name and the identification mark of such cow.

(b) The isolation of any milch cow with the reason.

(c) The removal of any milch cow from the herd with the reason, and the manner in which such milch cow has been disposed of.

(d) The dates of admission or readmission of every milch cow to the herd.

(e) The dates on which clinical examinations of milch cows of the herd were carried out and the results of such examinations.

6. Where any milch cow is added to or removed from the herd, the holder of the licence shall notify the licensing authority with all reasonable speed.

7. No cow of the herd shall be milked except in a properly equipped cowshed or milking shed or in some place (not being a cowshed or milking shed) which is approved by the licensing authority.

8. As soon as any cow of the herd has been milked the milk shall be cooled without any delay, except such delay as may be necessary to remove the milk from the cowshed or other milking place and to strain the milk, to a temperature not higher than 60° Fahrenheit, by means of cooling apparatus which has been approved by the licensing authority.

9. The herd shall not at any time contain any animal which, to the knowledge of the holder of the licence, was tested with tuberculin before its introduction into the herd and failed to pass the test.

10. Once at least in every year at such time as the Minister shall direct the holder of the licence shall arrange for the taking of a bulk sample of the milk of the entire herd by a veterinary surgeon nominated or approved by the Minister and for the examination of such sample biologically for the presence of tubercle bacillus; and shall furnish a certificate of such test to the licensing authority with all convenient speed.

11. No milk shall be sold by virtue of the licence without the consent of the licensing authority unless during the period between the making of the application on which the licence was granted and the coming into force of the licence the foregoing conditions (except Conditions 7 and 8) have been complied with as if the licence had been in force during the said period.

SECTION B.

Applicable to all Licences.

12. A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation Highest Grade Milk or Standard Milk shall not be allowed to come into contact with milk which is to be sold under the special designation Standard Milk until such vessel or appliance has been thoroughly cleansed and scalded.

13. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation Standard Milk to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits, such scalding shall be effected by means of steam under pressure.

14. No milk shall be sold under the special designation Standard Milk which has been heated (except for consumption as hot milk) or which has been treated in any other manner likely to affect its nature or qualities injuriously, or to which any colouring matter has been added.

15.—(1) No milk shall be sold under the special designation Standard Milk otherwise than in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions, unless such milk is sold for consumption on the premises in which it is sold.

(2) No milk shall be sent from the dairy in which it is produced or from any other premises for the purposes of sale under the said special designation, except in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions.

(3) Every unventilated sealed container such as is referred to in this condition shall be clearly labelled or marked with

(a) the name and address of the dairyman by whom it was filled;

(b) the day of the week on which the milk was produced;

(c) the word "morning" or the word "evening" according to the time of the milking at which the milk was produced;

(d) the words "Standard Milk".

16. Where the milk is sold in bottles the following conditions shall apply, that is to say:—

(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed, after being filled, by means of a sterile cap, lid or other device approved by the licensing authority.

(2) On every bottle used, or on the cap, lid or other closing device of such bottle the following shall be clearly inscribed, that is to say:

(a) The name and address of the dairyman by whom the bottle was filled.

(b) The day of the week on which the milk was produced.

(c) The words "Standard Milk".

(3) In addition to the words referred to in the foregoing paragraph the word "morning" or the word "evening" (according to the time of the milking at which the milk was produced) may be marked on a bottle or on the cap, lid or other closing device of a bottle.

(4) No words except the words referred to in this condition may be marked or inscribed on a bottle or on the cap, lid or other closing device of a bottle.

17. For the purposes of these conditions a sample may be taken either

(a) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation Standard Milk; or

(b) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the said special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.

18.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that

(a) any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller, or consignor or his agent shall not apply, and

(b) save for the purpose of complying with paragraph (5) of this condition the sample shall not at any time be packed in ice.

(2) All milk which the holder of the licence is entitled to sell under the special designation Standard Milk shall be so produced and treated that any sample taken for the purposes of this condition shall satisfy within the meaning of this condition the following tests, which tests shall be carried out by persons approved by the Minister in accordance with directions issued by the Minister from time to time, that is to say—

(a) a methylene blue reduction test;

(b) a test for coliform bacillus.

(3) The tests of any sample of milk mentioned in this condition shall not be begun before the time specified for such sample in the following table or after the expiration of 18 hours from such time:—

(4) During the period between the taking of a sample of milk and the time mentioned in the table in paragraph (3) of this condition the sample shall be kept at atmospheric (shade) temperature.

(5) Where the tests of a sample of milk are not begun at the time mentioned in the table in paragraph (3) of this condition the sample shall be cooled at such time to a temperature between 32° Fahrenheit and 40° Fahrenheit and kept at such a temperature until the tests are begun.

(6) A sample of milk taken on any date from the 1st day of May to the 31st day of October shall be deemed to have satisfied the methylene blue reduction test if it fails to decolourise the methylene blue within 4 ½ hours, and a sample of milk taken on any date from the 1st day of November to the 30th day of April shall be deemed to have satisfied the said test if it fails to decolourise the methylene blue within 5½ hours.

(7) The test for coliform bacillus shall be carried out on one hundredth part of a cubic centimetre of the sample and a sample shall be deemed to have satisfied such test if no coliform bacillus is found in such portion.

19.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Sale of Food and Drugs Acts, 1875 to 1936, and any regulations made thereunder for the taking of a sample of milk for the purposes of the said Acts, except that

(a) any provision of the said Acts requiring the person taking such sample to divide such sample into three parts and to deliver one part to the seller or his agent and to retain one part shall not apply and

(b) the sample may be of any amount not less than one half pint, and

(c) the sample may be taken by means of a dipper of a capacity not less than one half pint.

(2) All milk which the holder of the licence is entitled to sell under the special designation Standard Milk shall be so produced and treated that any sample taken for the purposes of this condition shall be found to contain not less than 3.5 per cent. of milk fats.

PART III.

PASTEURISED MILK.

SECTION A.

Applicable only to pasteurisers' licences.

1. In pasteurising milk for the purposes of sale under the special designation the following provisions shall be complied with, that is to say:—

(a) No milk shall be pasteurised which is contaminated within the meaning of Section 59 of the Act or dirty.

(b) Subject to the provisions of the next following condition, the milk shall be heated to a temperature not less than 145° Fahrenheit and not more than 150° Fahrenheit, the temperature of the milk shall be kept between said limits for at least 30 minutes, and an indicating thermometer and a recording thermometer shall be inserted in suitable parts of the apparatus during the whole of the process and temperature records made.

(c) Immediately after heating, the milk shall be passed to a properly protected cooler and its temperature reduced to not more than 50° Fahrenheit.

(d) The type of apparatus and thermometers used and the methods employed shall be such as are satisfactory to the licensing authority.

(e) The milk shall not be pasteurised more than once.

(f) The milk shall not be treated by heat except when being pasteurised in accordance with these conditions or, after pasteurisation, for consumption as hot milk.

(g) Separate storage vessels shall be used for milk which has and milk which has not been pasteurised.

2.—(1) The Minister may exempt the holder of the licence from compliance with any requirement of paragraph (b) of the next preceding condition in relation to any milk pasteurised by a method which the Minister expressly approves.

(2) If before the making of these regulations the holder of the licence was a registered proprietor within the meaning of the Dairy Produce Acts 1924 to 1934, of premises registered under the said Acts, and sold as part of his business of dairyman, milk treated by heat at the said premises in a particular apparatus or machine which before the making of these Regulations was approved by the Minister, the Minister may exempt such holder from compliance with any requirement of paragraph (b) of the next preceding condition in relation to milk pasteurised in such apparatus or machine.

(3) An exemption may be granted by the Minister for the purposes of this condition either absolutely or for a specified period or subject to any conditions imposed by the Minister, and such an exemption may be withdrawn at any time.

3. The temperature records made during pasteurisation shall be retained and kept available for inspection by the licensing authority for a period of three months.

SECTION B.

Applicable to all licences.

4. A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation shall not be allowed to come into contact with milk which has been pasteurised and is to be sold under the said special designation until such vessel or appliance has been thoroughly cleansed and scalded.

5. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits, such scalding shall be effected by means of steam under pressure.

6. No milk shall be sold under the special designation to which any colouring matter has been added or which has been treated in any manner likely to affect its nature or qualities injuriously.

7. Every vessel in which milk sold or to be sold under the special designation is transported or in which milk is sold under the special designation shall be clearly labelled or marked with—

(a) The name and address of the dairyman by whom it was filled, and

(b) The day of the week on which the milk was pasteurised, and

(c) The words "Pasteurised Milk".

8. Every vessel from which milk is taken for sale by retail shall be clearly labelled or marked with the words "Pasteurised Milk".

9. Where the milk is sold in bottles the following conditions shall apply that is to say:—

(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed, after being filled, by means of a sterile cap, lid or other device approved by the licensing authority.

(2) On every bottle used, or on the cap, lid or other closing device of such bottle the following words, and no other words shall be clearly inscribed, that is to say:—

(a) The name and address of the dairyman by whom the bottle was filled.

(b) The day of the week on which the milk was pasteurised.

( c )The words "Pasteurised Milk".

10.—(1) For the purposes of this condition a sample may be taken either—

(a) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation; or

(b) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.

(2) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller or consignor or his agent shall not apply.

(3) The milk to be sold under the special designation shall be so produced and treated that any sample taken for the purposes of this condition on being tested by a person approved by the Minister in accordance with directions issued by the Minister from time to time, shall be found to contain not more than 100,000 bacteria per cubic centimetre.

ARTICLE 27.

THIRD SCHEDULE.

FORMS OF LICENCES.

FORM S.D.1.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

PRODUCER'S LICENCE.

(.......................... Special Designation .................................)

(Note 1).

Serial Number........................

The Minister for Local Government and Public Health hereby licenses the above-named dairyman to sell milk under the special designation..................... (Note 1)........if

(a) such milk has been produced by the said dairyman from a herd in (one of) the above-named dairy (dairies), and

(b) such milk has not been bottled* except at the premises which are above specified for that purpose (Note 2).

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the....day of..............., 19..., and will continue in force, unless previously revoked or suspended, until the 31st day of December, 19......

Given under the Official Seal of the Minister for Local Government and Public Health this.........day of..................... One Thousand Nine Hundred and........................

Signed (Note 3)............................................................ ........................

*NOTE.

(To appear on the Licence).

To "bottle" milk means to put milk into any closed receptacle of a capacity not exceeding one quart for the purposes of sale therein.

NOTES ON FORM S.D.1.

(Not to appear on the Licence).

NOTE 1.—Here insert either "Highest Grade Milk" or "Standard Milk."

NOTE 2.—The portion underlined may be omitted or deleted from a producer's (non-bottling) licence.

NOTE 3.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.

FORM S.D.2.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938,

ADDITIONAL PRODUCER'S LICENCE.

(...............................(Special Designation) ..............................)

(Note 1).

Serial Number........................

The Minister for Local Government and Public Health hereby extends the licence referred to above as the original licence so as to entitle the above-named dairyman being the holder of the original licence (Note 2),

(a) to sell under the original licence milk which has been produced from a herd in the additional dairy (dairies) named above;

(b) to sell under the original licence milk which has been bottled at the [additional] premises which are above specified for that purpose.

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the.........day of................, 19..., and will continue in force while the original licence continues in force and will then expire.

Given under the Official Seal of the Minister for Local Government and Public Health this.........day of.................... One Thousand Nine Hundred and........................

Signed (Note 3)............................................................ .......................

NOTES ON FORM S.D.2.

(Not to appear on the Licence).

NOTE 1.—Here insert either "Highest Grade Milk" or "Standard Milk."

NOTE 2.—If either of these paragraphs is inappropriate it should be omitted or deleted.

NOTE 3.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister,

FORM S.D. 3.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

PASTEURISER'S LICENCE.

Serial Number..................

The Minister for Local Government and Public Health hereby licenses the above-named dairyman to sell milk under the special designation—Pasteurised Milk—if

(a) such milk has been pasteurised by the dairyman at (one of) the above-named dairy (dairies), and

(b) such milk has not been bottled* except at the premises which are above specified for that purpose (Note 1).

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the................................day of................................, 19..., and will continue in force, unless previously revoked or suspended until the 31st day of December, 19......

Given under the Official Seal of the Minister for Local Government and Public Health this............................................................ ....... day of............................................................ ........One Thousand Nine Hundred and...................................................

Signed (Note 2)............................................................ ...........................

*NOTE.

(To appear on the licence).

To "bottle" milk means to put milk into any closed receptacle of a capacity not exceeding one quart for the purposes of sale therein.

NOTES ON FORM S.D. 3.

(Not to appear on the licence.)

NOTE 1.—The portion underlined may be omitted or deleted from a pasteuriser's (non-bottling) licence.

NOTE 2.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.

FORM S.D. 4.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

ADDITIONAL PASTEURISER'S LICENCE.

Serial Number..................

The Minister for Local Government and Public Health hereby extends the licence referred to above as the original licence so as to entitle the above-named dairyman, being the holder of the original licence (Note 1),

(a) to sell under the original licence milk which has been pasteurised at the additional dairy (dairies) mentioned above;

(b) to sell under the original licence milk, which has been bottled at the [additional] premises which are above specified for that purpose.

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the...............day of..................19........, and will continue in force while the original licence continues in force and will then expire.

Given under the Official Seal of the Minister for Local Government and Public Health this............day of..............., One Thousand Nine Hundred and.................................

Signed (Note 2)............................................................ ............................................................ ......................

NOTES ON FORM S.D. 4.

(Not to appear on the licence.)

NOTE 1.—If either of these paragraphs is inappropriate it should be omitted, or deleted.

NOTE 2.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.

FORM S.D.5.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

MILK BOTTLER'S LICENCE.

(.............................. (Special Designation) ..............................)

(Note I.)

Serial Number..................

The Minister for Local Government and Public Health hereby licenses the above-named dairyman to sell under the special designation........................ (Note I)...........................milk bottled* by him at (one of) the above-named premises if such milk has not been..............................(Note 2).................................................by such dairyman but has been purchased by such dairyman under the said special designation.

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the............day of.,............., 19..., and will continue in force unless previously revoked or suspended until the 31st day of December, 19......

Given under the Official Seal of the Minister for Local Government and Public Health this.........day of.................,... One Thousand Nine Hundred and........................

Signed............................................................ ...... (Note 3)............................................................ ......

* NOTE.

(To appear on the Licence).

To "bottle" milk means to put milk into any closed receptacle of a capacity not exceeding one quart for the purposes of sale therein.

NOTES ON FORM S.D.5.

(Not to appear on the Licence).

NOTE 1.—Here insert either "Highest Grade Milk," "Standard Milk" or "Pasteurised Milk."

NOTE 2.—Here insert either "produced" or "pasteurised."

NOTE 3.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.

Form S.D.6.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

ADDITIONAL MILK BOTTLER'S LICENCE.

(........................(Special Designation) .......................)

(Note 1.)

Serial Number.................

The Minister for Local Government and Public Health hereby extends the licence referred to above as the original licence so as to entitle the above-named dairyman being the holder of the original licence to sell milk which has been bottled by him at the additional premises specified above.

This licence comes into force on the...............................day of.....................................19......, and will continue in force while the original licence continues in force and will then expire.

Given under the Official Seal of the Minister for Local Government and Public Health this.........day of....................., One Thousand Nine Hundred and........................

Signed............................................................ .......... (Note 2)...............................................

NOTES ON FORM S.D. 6.

(Not to appear on the Licence).

NOTE 1.—Here insert either "Highest Grade Milk", "Standard Milk", or "Pasteurised Milk".

NOTE 2.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.

FORM S.D. 7.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.

DEALER'S LICENCE.

(........................ (Special Designation) ..........................)

(Note 1.)

Serial Number...........................

Name of Sanitary District:............................................................ ................

Name and Address of Dairyman:............................................................ .....

............................................................ ............................................................ .......................

The.................................(Note 2).................................in exercise of the powers vested in them by the above named regulations hereby license the above-named dairyman to sell milk in the above-named sanitary district under the special designation........................(Note 1)........................if, such milk has not been........................(Note 3)........................or bottled by such dairyman but has been purchased by such dairyman under the said special designation

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the...............day of.............................. and will continue in force, unless previously revoked or suspended until the 31st day of December, 19......

Given under the Official Seal of the........................ (Note 2) ........................this...............day of........................... One Thousand Nine Hundred and........................

Signed........................................................... (Note 4) ........................................................

NOTE.

(To appear on the licence.)

Where milk is sent by the dairyman from any premises in a vehicle which is his property or under his control for delivery or sale from such vehicle to a purchaser it is regarded as having been sold at such premises.

NOTES ON FORM S.D. 7.

(Not to appear on the licence.)

NOTE 1.—Here insert either "Highest Grade Milk", "Standard Milk", or "Pasteurised Milk".

NOTE 2.—Here insert the full title of the licensing authority.

NOTE 3 —Here insert either "produced" or "pasteurised."

NOTE 4.—The licence should be signed here by the Chief Executive Officer of the licensing authority.

ARTICLE 29.

FOURTH SCHEDULE.

ANNUAL FEES FOR LICENCES.

1. The annual fee for a dealer's licence shall be five shillings.

2. The annual fee for any licence not being a dealer's licence, shall be determined by adding together whichever of the following amounts are appropriate to such licence, that is to say :—

Given under the Hand and Seal of the Minister for Local Government and Public Health this 13th day of May, One Thousand Nine Hundred and Thirty-eight.

(Signed) SEÁN T. O CEALLAIGH,

Minister for Local Government and Public Health.

The Minister for Agriculture hereby concurs with the foregoing regulations.

(Signed) SÉAMUS O RIAIN,

Minister for Agriculture.

The Minister for Finance hereby approves of so much of the foregoing regulations as relates to fees.

(Signed) SEÁN MAC ENTEE,

Minister for Finance.