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passing of this Act, as requires a purveyor of milk on a sample of his
milk being taken under the Sale of Food and Drugs Acts, 1875 to 1907,
to send to the person from whom he procured the milk any part of
such sample or to give such person notice that a sample has been so
taken, shall be null and void.
THIRD SCHEDULE.
Amendment of Sale of Food and Drogs Acts.
(1) Where, under the Sale of Food and Drugs Acts, 1875 to 1907, a
sample of milk is procured from a purveyor of milk, he shall, on being
required to do so by the person by whom or on whose behalf the sample
was taken, state the name and address of the seller or consignor from
whom he received the milk.
12) The local authority in whose district the sample was taken may
take or cause to be taken one or more samples of milk in course of
transit or delivery from such seller or consignor.
Within sixty hours after the sample of milk was procured from the
purveyor he may serve on the local authority a notice stating the name
and address of the seller from whom he recevied the milk and the time
and place of delivery to the purveyor by the seller or consignor of milk
from a corresponding milking and requesting them to take immediate
steps to procure, as soon as practicable, a sample of milk in the course
of transit or delivery from the seller or consignor to the purveyor,
unless a sample has been so taken since the sample was procured from
the purveyor, or within twenty-four hours prior to the sample being
procured from the purveyor, and where a purveyor has not served such
notice as aforesaid, he shall not be entitled to plead a warranty as a
defence in any such proceedings:
Provided that the purveyor shall not have any such right to require
that such a sample shall be taken in cases where the milk, from which
the sample procured from the purveyor was taken, was a mixture of
milk obtained by the purveyor from more than one seller or consignor.
If a purveyor has served on the local authority such a notice as aforesaid,
and the local authority have not procured a sample of milk from
the sellor or consignor in accordance with the foregoing provisions, no
proceedings under the Sale of Food and Drugs Acts, 1875 to 1907, shall
be taken against the purveyor in respect of the sample of milk procured
from him.
(3) Any sample of milk so taken in the course of transit or delivery
shall be submitted for analysis to the analyst to whom the sample procured
from the purveyor is or was submitted.
(4) If proceedings are taken against the purveyor of milk, a copy of
the certificate of the result of the analysis of every sample so taken in
the course of transit or delivery shall be furnished to the purveyor, and
every such certificate shall, subject to the provisions of section twentyone
of the Sale of Food and Drugs Act, 1875, be sufficient evidence of
the facts stated therein, and shall be admissible as evidence on any
question whether the milk sold by the purveyor was sold in the same
state as he purchased it.
(5) The local authority of the district in which the first-mentioned
sample was taken may, instead of, or in addition to, taking proceedings
against the purveyor of milk, take proceedings against the seller or consignor.
(6) If a sample of milk of cows in any dairy is taken in course of
transit or delivery from that dairy, the owner of the cows may, within
sixty hours after the sample of milk was procured, serve on the local
authority a notice requesting them to take immediate steps to procure