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51
into operation. Presumably there are considerations which render it expedient
for this Act to remain in abeyance, for Section 1 of the Act of 1922 again postpones
the commencement of the Consolidation Act until 1st September, 1925.
Some important changes of routine administration are required by the new Act,
the most important of which, from a departmental point of view, are contained in
Section 2. This Section confers on local authorities the power, under certain circumstances,
to refuse to register a retail purveyor of milk, or to remove such
person from the Register. Hitherto the Dairies, Cowsheds and Milkshops Orders
have required all cowkeepers, dairymen and purveyors of milk to be registered
with the local authority, but no power was given to the authority to refuse to register
any applicant however unsatisfactory or unsuitable the conditions under which
the business was carried on. Furthermore no provision was made for either the
withdrawal or termination of registration, except such as are contained in the
London County Council (General Powers) Act, 1908.
It is now possible for any local authority to exercise this power which is given
by Section 2 "if they are satisfied that the public health is, or is likely to be endangered
by any act or default of any person . . in relation to the quality storage
or distribution of milk." Various powers of appeal against a decision to refuse to
register or to remove from the register are given to any person aggrieved thereby.
Another useful clause in the Section gives a Court power, on the application of
the Local Authority, to order the removal from the Register of any person convicted
of any offence under the Acts and Regulations relating to Milk and Dairies.
Up to the present one register only has been kept by the local authority of
persons carrying on the business of cowkeeper, dairyman or purveyor of milk.
Two registers are now required, one of persons trading as retail purveyors of milk,
and the other of all other persons registerable under the Dairies, Cowsheds and
Milkshops Orders. This latter will consist of wholesale traders, producers and others
who do not sell milk by retail. It is apparently unnecessary for persons already
registered under the Dairies, Cowsheds and Milkshops Orders to apply for reregistration.
I suggested that the new registers should take the form of a card index, the
cards being similar to those set out below. The two classes of registration would be
indicated by the use of cards of a different colour. A small check register of names
and addresses would also be kept as a protection against the loss of any card.
A local authority, may presumably, fix minimum local standards and requirements
to guide it in its decisions relating to the quality, storage and distribution of
milk sold within the area over which it has control. New applicants for registration
as retail purveyors of milk might well be required to comply with these requirements,
but for the purpose of securing uniformity of administration it will
be necessary to carry out an inspection of the premises in the occupation of milksellers
already registered, paying particular attention to the methods and general
conditions obtaining in order to ascertain whether the local authority is prepared
to permit the registration to stand without requiring some alterations or improvements
as far as the powers of Section 2 allow.
In deciding requirements to regulate the storage and distribution of milk the
likelihood of contamination will be the paramount consideration. The regulations
of the City Corporation made under the Dairies, Cowsheds, and Milkshops Orders
already contain comprehensive provisions for this purpose, but in reconsidering
the question under the powers provided by the new Act of Parliament some additional
features might be examined. This aspect of the case may advisably be
left over for the present and I would suggest that strict compliance with the present
regulations form the standard of registration.
Section 3 foreshadowed the additional responsibilities to be placed upon local
authorities in respect of the issue of licences for the sale of milk of superior quality
under special designations such as "Certified," "Grade A" and "Pasteurised,"
etc. The duty of the local authority will not end with the granting of the licences
for supervision will have to be exercised to ensure that the terms under which the
licences were granted are being complied with. An order giving effect to these
powers and conditions has now been issued and has formed the subject of a further
report.