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is also given to the Local Authority of the District in which
the first sample was taken, instead of or in addition to taking
proceedings against the purveyor, to take proceedings against
the seller or consignor.
Attention may also be drawn to the definition of the
expression "dairy" in Section 19 (1) of the Act. It will
be observed that the expression does not include a shop from
which milk is not supplied otherwise than in the properly
closed and unopened receptacles in which it was delivered to
the shop.
I append Section 8, Sub-sections 3, 4 and 5, together with
Section 9 and the Third Schedule, which are of considerable
importance.
SECTION 8.
(3 The medical officer of health or any other officer authorised for the
purpose by a local authority within the area of which milk from any
dairy situate outside that area is being sold or exposed or kept for sale,
may by notice in writing require the medical officer of health or other
authorised officer of any other local authority, being an authority for
the purposes of the Sale of Food and Drugs Acts, 1875 to 1907, to take
samples of the milk at that dairy or in the course of transit from that
dairy to the area of the first-mentioned local authority.
(4) Upon receipt of such notice it shall, subject to the provisions of
Sub-section 1 of this section, be the duty of the medical officer of health
or other authorised officer of the other authority as soon as practicable to
take samples and to forward, for analysis or bacteriological examination,
to the officer who gave the notice a part of any sample so taken,
and in taking a sample the officer shall, if so required by the notice,
comply with the provisions of the Sale of Food and Drugs Acts, 1875
to 1907, which relate to the division of samples into parts.
The authority requiring the samples to be taken shall be liable to
defray any reasonable expenses incurred, the amount whereof shall in
default of agreement be settled by the Local Government Board.
For the purpose of the Sale of Food and Drugs Acts, 1875 to 1907,
the sample shall be deemed to have been taken within the area of the
officer who gave the notice, and proceedings under those Acts may be
taken either before a court having jurisdiction within the district for
which that officer acts or before a court having jurisdiction in the place
where the sample was actually taken.
(5) In any proceedings under the Sale of Food and Drugs Acts, 1875
to 1907, or this Act, the production of a certificate of the officer who took
the sample under this section that the provisions of this section, as to the
manner in which samples are to be dealt with, were complied with shall
be sufficient evidence of compliance, unless the defendant requires that
officer to be called as a witness.
SECTION 9.
(1) The provisions of the Sale of Food and Drugs Acts, 1875 to
1907, in reference to the taking of samples of milk, and any proceedings
in connexion therewith shall be amended in accordance with the provisions
contained in the Third Schedule to this Act.
(2) So much of any contract, made after the thirteenth day of August
nineteen hundred and fourteen, whether made before or after the