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on the first of these registers or to remove him from that register if they are
satisfied that the public health is or is likely to be endangered by any act
or default of his in relation to the quality, storage or distribution of milk.
It is to be observed that the act or default on which action may be taken
is not necessarily one which is an offence against any statute, order or
regulation, but it would no doubt be advisable in taking action to note
whether any specific offence has been committed.
The course which will be taken in removing a retailer from the register
will generally be as follows : —
(1) A report will be presented by the Medical Officer of Health or the
Sanitary Inspector drawing attention to any act or default on the
part of the retailer and showing in what respect the public health is
or is likely to be endangered thereby.
(2) The Authority will then serve a notice on the retailer setting out the
reasons (which will generally be those given in the report referred to
above) why it is proposed to remove him from the register and
requiring him to appear before them to show cause to the contrary.
At least seven days' notice must be given of the time of hearing.
(3) If the Authority are not satisfied with the explanation given they may
decide to remove the retailer from the register and they will notify
him of that decision.
(4) The retailer may within 21 days appeal to a Court of Summary
Jurisdiction.
(5) Either the retailer or the Local Authority may appeal further to a
Court of Quarter Sessions.
Provision is made for the removal not to take effect pending appeal.
The procedure in the case of a proposed refusal to register is similar
and in that case the provisions of the Order which prohibit a person from
carrying on the trade of a dairyman unless he is registered are not to take
effect until the appeal is finally determined.
Section 2 (2) empowers the Court before whom any retailer is convicted
of an offence relating to milk or dairies, in addition to any other penalty,
to remove him from the register for such period as the Court may think fit.
It will be observed that in any case the removal from the register
may be absolute or in respect of specified premises ; this will enable the
Authority or the Court to distinguish between cases in which the defect
is one of general methods and those in which it has relation only to the
suitability of particular premises or the methods practised thereat.
Section 3 continues, with modifications, the provisions as to the grading
of milk which are at present contained in Orders made by the Food Controller