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and this Department under the Ministry of Food (Continuance) Act, 1920.
These Orders are continued in force until the 1st January next, when the
provisions of Section 3 will come into operation.
The section provides that milk may not be sold as " Certified," " Grade
A," " Pasteurised," or under any other prescribed designation, except in
accordance with a licence granted by the Minister or with his authority.
The conditions governing the use of these designations will be laid down
in an Order and will include conditions as to the payment of fees for the
licences.
Section 4 continues and extends the provisions of an existing Order
of the Food Controller. The section prohibits the addition of any colouring
matter or water, or re-constituted milk, or skimmed or separated milk, to
milk intended for sale. This will enable Local Authorities to deal with
cases in which such additions are made for fraudulent purposes but difficulty
is experienced in proving that the mixture is sold as milk.
The section also prohibits the sale of re-constituted milk as milk.
Section 5 imposes a heavy penalty on any person who sells the milk
of a cow suffering from tuberculosis of the udder where it is proved that he
knew, or could have ascertained by ordinary care, that the cow was suffering
from that disease. The maximum penalty for a second or subsequent
offence is a fine of or imprisonment with or without hard labour for
a period of six months, or both such fine and imprisonment.
Sections 6 and 7 lay down procedure as to the making of Orders.
Section 8 requires the Minister to make regulations as to imported
milk under the Public Health (Regulations as to Food) Act, 1907. It also
empowers the Minister to make regulations prescribing standards for dried,
and condensed milks, and the manner in which receptacles containing
dried, condensed, skimmed or separated milk are to be labelled or marked.
Section 9 deals with penalties and proceedings. Under subsection (2)
where the Local Authority are reasonably satisfied that an offence committed
by a purveyor of milk is due to an act or default of a servant or
agent, without the knowledge, consent, or connivance of his employer they
are required to take proceedings against the servant or agent, without
first proceeding against Iris employer. Subsection (3) protects a person
against conviction in respect of a sample of milk taken after the milk has
left his custody and control, if it is proved that the churn or other receptacle
in which the milk was contained was effectively closed and sealed when it
left his custody and control, but was not so closed and sealed when it reached
the person by whom the sample was taken.
Section 10 specifies the Local Authorities for the enforcement of the
various sections of the Act. The enforcing authorities are the same as those
at present concerned with the enforcement of similar provisions in the