Dairy Produce Act, 1924

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DAIRY PRODUCE ACT, 1924.

ARRANGEMENT OF SECTIONS PRELIMINARY.

Section

Section 1

Short title and commencement.

Section 2

Definitions.

PART I.

CONDITIONS OF CLEANLINESS AND ORDER.

Section 3

Conditions of cleanliness and order.

Section 4

Inspection of premises manufacturing dairy produce.

Section 5

Appointment of arbitrator.

Section 6

Reference of notice to arbitration.

Section 7

Special provisions where notice requires repair, etc., of premises.

Section 8

Regulations in relation to arbitrations.

PART II.

EXPORT OF BUTTER.

Section 9

Export of butter.

Section 10

Inspection, etc., of butter.

Section 11

Order for examination of butter before export.

Section 12

Licences to export butter.

Section 13

Powers of officers of customs and excise.

PART III.

REGISTRATION OF PREMISES.

Section 14

Registers to be kept by Minister.

Section 15

Conditions of registration.

Section 16

Regulations applicable to registered creameries.

Section 17

Cream from registered creameries and cream-separating stations.

Section 18

Regulations applicable to registered manufacturing exporters.

Section 19

Regulations applicable to registered butter factories.

Section 20

Regulations applicable to non-manufacturing exporters.

Section 21

Application for registration of premises.

Section 22

Rectification and cancellation of registration.

Section 23

Publication of register, etc.

Section 24

Evidence of contents of registers.

Section 25

Power to inspector to inspect premises and plant.

Section 26

Register to be kept on registered premises.

Section 27

Regulations as to packing butter.

Section 28

Examination and classification of butter.

Section 29

Regulations as to marking butter and packages.

Section 30

Regulations as to pasteurising.

Section 31

Regulations as to plant and machinery.

Section 32

Regulations as to basis of calculation of price of milk and cream.

Section 33

Sale of butter on registered premises.

Section 34

Fees payable in respect of registered premises.

PART IV.

NATIONAL MARK FOR BUTTER.

Section 35

Establishment of national mark for butter.

Section 36

Duration of licences for use of national mark.

Section 37

Regulations in relation to national mark.

Section 38

Offences in relation to national mark.

PART V.

MISCELLANEOUS AND GENERAL.

Section 39

Unclean milk and cream.

Section 40

Inspection and sampling of milk and cream.

Section 41

Dirty butter.

Section 42

Meaning and use of word “creamery.”

Section 43

Application of word “creamery” to butter.

Section 44

Analysis of samples.

Section 45

Consultative council.

Section 46

General regulations.

Section 47

Saving clause as to powers under other Acts.

Section 48

Offences.

Section 49

Expenses.

FIRST SCHEDULE.

Plant and Machinery in Registered Creameries and Cream-separating Stations SECOND SCHEDULE.

Plant and Machinery in premises registered in the register THIRD SCHEDULE.

FEES Number 58 of 1924.

DAIRY PRODUCE ACT, 1924.

AN ACT TO MAKE PROVISION FOR THE REGULATION OF THE MANUFACTURE, MARKETING, AND EXPORT OF DAIRY PRODUCE WITH A VIEW TO IMPROVING THE GENERAL STANDARD THEREOF, AND FOR THAT PURPOSE TO MAKE PROVISION FOR THE REGISTRATION AND CONTROL OF PREMISES ENGAGED IN THE MANUFACTURE OR SALE OF DAIRY PRODUCE, AND FOR THE MARKING OF SUCH PRODUCE, AND FOR OTHER MATTERS CONDUCIVE OR INCIDENTAL TO THE OBJECTS AFORESAID. [18th December, 1924.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PRELIMINARY.

Short title and commencement.

1.—(1) This Act may be cited for all purposes as the Dairy Produce Act, 1924.

Definitions.

2.—In this Act— the expression “the Minister” means the Minister for Lands and Agriculture; the word “butter” means the substance usually known as butter, made exclusively from milk or cream, or both, with or without salt or other preservative, and with or without the addition of colouring matter; the expressions “margarine” and “milk-blended butter” have respectively the same meanings as in the Butter and Margarine Act, 1907; the expression “creamery business” means the business of manufacturing butter from cream which has been separated by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers; the expression “creamery butter” means butter which has been manufactured in premises registered in the register of creameries and has not been subsequently blended or re-worked; the expression “cream-separating business” means the business of separating cream by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers; the expression “mechanically applied” means applied by machinery driven by any motive power other than human or animal power; the expression “butter factory” means premises on which by way of trade butter is blended, re-worked, or subjected to any other treatment, but not so as to cease to be butter; the expression “butter factory business” means the business of blending and re-working butter or subjecting butter to any other treatment but not such as would cause it to cease to be butter. the expression “register kept in pursuance of this Act” means a register which the Minister keeps or causes to be kept pursuant to this Act and does not include a register kept by a registered proprietor; the word “manufacture” when used in relation to the manufacture of butter in butter factories includes the blending or the re-working of butter or both such blending and re-working; the word “inspector” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred and imposed on an inspector by this Act; the expression “dairy produce” includes any article of human food made wholly or mainly from milk or from the products or by-products of milk; the word “package” includes any box, case, kiel, keg, firkin, or other receptacle containing or capable of containing butter for transport, and, where the context so requires, includes the contents of such receptacle;

the word “wrapper” includes any paper, folder, carton or case used for packing or wrapping a piece of butter; the word “prescribed” means prescribed by regulations made under this Act.

PART I.

CONDITIONS OF CLEANLINESS AND ORDER.

Conditions of cleanliness and order.

3.—(1) On and after the commencement of this Part of this Act all premises in which dairy produce is manufactured for sale (whether such premises are or are not registered under this Act) shall comply with the following conditions, that is to say:— (a) the premises shall be structurally suited for the manufacture of such descriptions of dairy produce as are in fact manufactured therein, and (b) the premises, and the plant and machinery and the appliances and the utensils therein shall be in a state of cleanliness and good repair, and (c) the milk or cream and all other ingredients and materials used in the process of manufacturing dairy produce on the premises shall be clean, and (d) the premises shall be situated in such a position and used in such a manner as to prevent the exposure of the dairy produce manufactured therein or any ingredients or materials used in the process of such manufacture to any effluvium from any drain, cesspool, manure heap, cow-house, pigstye or to other source of contamination, and (e) there shall be available on or reasonably near the premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary.

Inspection of premises manufacturing dairy produce.

4.—(1) Any inspector (subject to the production by him if so required of his authority in writing as such inspector) may at all reasonable times enter any premises upon which dairy produce is manufactured for sale and may inspect all such portions of those premises as are in any way used for or in connection with such manufacture, and may inspect all plant, machinery, appliances, and utensils used in such manufacture, and also the dairy produce manufactured on the premises and the ingredients and materials used in the manufacture thereof and may take and remove without payment reasonable samples of such dairy produce and of such ingredients and materials.

Appointment of arbitrator.

5.—(1) The Executive Council shall appoint a fit and proper person to be standing arbitrator (in this Part of this Act referred to as the arbitrator) for the purposes of this Part of this Act.

Reference of notice to arbitration.

6.—(1) Any person on whom a notice is served by an inspector under this Part of this Act (other than a notice only requiring any premises, plant, machinery, appliances, or utensils to be cleansed) shall, on payment of the prescribed fees, be entitled to have such notice referred in the prescribed manner to the arbitrator.

Special provisions where notice requires repair, etc., of.

7.—Where a notice served by an inspector under this Part of this Act on a person carrying on the manufacture of dairy produce for sale requires the premises in which such manufacture is carried on or any part thereof to be put in a state of good repair or requires any structural alterations or additions to be made in or to such premises the following provisions shall apply and have effect, that is to say:— (a) if the person carrying on the manufacture is not the rated occupier of the premises it shall be the duty of such person to communicate the contents of the notice to such rated occupier within three days after the service of the notice, and (b) if the premises are held by the person carrying on the manufacture or by the rated occupier under a lease or other contract of tenancy it shall be the duty of the person carrying on the manufacture to communicate the contents of the notice to the immediate landlord of the premises or his agent within three days after service of the notice, and (c) the person carrying on the manufacture shall, if he has duly complied with the provisions of the foregoing paragraphs of this section so far (if at all) as they are applicable to the case, be at liberty to execute the work required by the notice or by any amendment or addition made therein or thereto by the arbitrator, notwithstanding any covenant, agreement, or condition to the contrary contained in any lease or other contract of tenancy under which the premises are held, and (d) if the matter of such notice is referred to the arbitrator on the application of the person carrying on the manufacture it shall be the duty of such person, if he is not the rated occupier of the premises, to serve on the rated occupier notice of the reference in the prescribed form and within the prescribed time, and, if the premises are held under a lease or other contract of tenancy, to serve on the immediate landlord of the premises or his agent notice of the reference in the prescribed form and within the prescribed time, and (e) where the contents of the notice are required by this section to be communicated to the immediate landlord or his agent, or to the rated occupier, such landlord or rated occupier shall, on payment of the prescribed fees, be entitled to have the matter of the notice referred in the prescribed manner to the arbitrator and thereupon the provisions of this Part of this Act shall apply to the reference in like manner as if it was a reference on the application of the person carrying on the manufacture, save that such landlord or the rated occupier (as the case may be) shall serve on the rated occupier or on the immediate landlord (if any) or his agent (as the case may require) and on the person carrying on the manufacture, notice of the reference in the prescribed form and within the prescribed time, and

(f) it shall be the duty of the arbitrator before proceeding with the arbitration, to ascertain whether the person carrying on the manufacture is the rated occupier of the premises, and whether the premises are held under a lease or other contract of tenancy, and to satisfy himself that the provisions of this section relating to the communication of the contents of the notice and the service of other notices have been duly complied with so far as applicable.

Regulations in relation to arbitrations.

8.—(1) The Minister may by order make regulations in regard to the practice and procedure generally (including the service of documents) in relation to references to the arbitrator, and in particular in regard to any matter relating to such references as is in this Part of this Act referred to as prescribed, or as being or to be prescribed.

PART II.

EXPORT OF BUTTER.

Export of butter.

9.—(1) Subject to the exceptions mentioned in this section, all butter exported from Saorstát Eireann shall be exported only from premises registered in the register of creameries, or the register of manufacturing exporters, or the register of butter factories, or the register of non-manufacturing exporters and shall comply with the following conditions, that is to say:— (a) the butter shall have been packed for export in accordance with the provisions of this Act and any regulations made thereunder, and (b) the butter and also the package containing the butter and any wrapper in which the butter is packed shall be marked with the marks (if any) prescribed by regulations made under this Act, and (c) if the national mark to be established under

Part IV

of this Act is applied to the butter or the package in which it is contained or any wrapper in which it is packed, the provisions of this Act and any regulations made thereunder in relation to such national mark shall be complied with, and (d) if exported from premises registered in the register of creameries or the register of manufacturing exporters the butter— (i) shall have been packed in those premises and shall not have been removed from the package and wrapper (if any) in which it was so packed, and (ii) shall be clean and shall not contain water in excess of sixteen per cent, nor any noxious colouring matter nor any preservative other than salt of a prescribed description, and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and (e) if exported from premises registered in the register of butter factories the butter— (i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and (ii) shall be clean and shall not contain water in excess of sixteen per cent., and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and (f) if exported from premises registered in the register of non-manufacturing exporters, the butter— (i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and (ii) shall be clean and, if and when so prescribed, shall not contain water in excess of sixteen per cent., and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises.

Inspection, etc., of butter.

10.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon and have free access to the interior of— (a) any premises registered under this Act or under the Sale of Food and Drugs Acts, 1875 to 1907, or (b) any premises in which butter is sold, or is exposed, kept, or stored for sale, or is stored for preservation by exposure to cold or otherwise, or (c) the premises of any person engaged in the business of carrying goods for reward, or (d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, or (e) any pier, quay, wharf, jetty, dock, or dock premises, or (f) any ship, boat, railway waggon, motor, lorry, cart, or other vessel or vehicle used for the conveyance of goods.

Order for examination of butter before export.

11.—(1) The Minister may, if and whenever he is satisfied that such order is necessary or expedient in the interests of the butter industry in Saorstát Eireann, by order (in this section referred to as an examination order) require that all or any particular class of butter proposed to be exported, or all or any butter proposed to be exported from any particular premises or class of premises, or any particular consignment of butter consigned for export, shall before the same is exported be submitted for examination by the prescribed officers with a view to determining whether such butter is suitable for export, and the Minister may by such order prohibit, either absolutely or on failure to comply with conditions, the export of any butter which on such examination is found to be unsuitable for exportation.

Licences to export butter.

12.—(1) The Minister may, upon the application of any person in the prescribed form and manner and upon payment by that person of the fees specified in the Third Schedule to this Act, grant to such person a licence to export the consignment of butter specified in the licence to such consignee (if any), by such route (if any), and subject to such conditions as are stated in the licence.

Powers of officers of customs and excise.

13.—Officers of customs and excise shall have the like powers in relation to any butter and packages, the export of which is prohibited or restricted by this Act as such officers respectively have by law in relation to other articles the export of which is prohibited or restricted by law.

PART III.

REGISTRATION OF PREMISES.

Registers to be kept by Minister.

14.—(1) The Minister shall cause to be kept— (a) a register (to be called and known as the register of creameries) of premises in Saorstát Eireann in which a creamery business is carried on, and (b) a register (to be called and known as the register of cream-separating stations) of premises in Saorstát Eireann in which a cream-separating business is carried on, and (c) a register (to be called and known as the register of manufacturing exporters) of all premises in Saorstát Eireann not registered in the register of creameries, in which the business of manufacturing butter for export, but not a butter factory business, is carried on, and (d) a register (to be called and known as the register of butter factories) of premises in Saorstát Eireann in which a butter factory business is carried on, and (e) a register (to be called and known as the register of non-manufacturing exporters) of all premises in Saorstát Eireann in which butter is examined and classified for export but is not manufactured, blended, re-worked, or otherwise subjected to any treatment or process.

Conditions of registration.

15.—(1) The Minister shall, before registering any premises in the register of creameries, or the register of cream-separating stations, or the register of manufacturing exporters, or the register of butter factories, be satisfied that the conditions of cleanliness and order are complied with by such premises and that such premises comply with such other conditions for the registration of such premises as are specified in this Act or in any regulations made thereunder.

Regulations applicable to registered creameries.

16.—(1) The following regulations shall apply to all premises registered in the register of creameries, that is to say:— (a) all butter manufactured on the premises shall be made from cream which has been separated on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or has been supplied from other premises registered in the register of creameries or from premises registered in the register of cream-separating stations, or when so authorised by the Minister (which authorisation shall not be given unless the Minister is of opinion that there are special or unusual circumstances justifying him in so doing) and subject to the conditions named by the Minister, from a specified cream-separating station situate outside Saorstát Eireann; (b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner; (c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner; (d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for export, or exported, or consigned for export, in or from the premises; (e) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised; (g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act;

(h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act; (i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises; (j) save as hereinafter mentioned no butter, other than creamery butter obtained directly from other premises registered in the register of creameries shall be brought on to the premises.

Cream from registered creameries and cream-separating stations.

17.—No cream shall be supplied from any premises registered in the register of creameries or the register of cream-separating stations unless either it was separated from milk on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or was supplied to the premises from other premises registered in the register of creameries or the register of cream-separating stations.

Regulations applicable to registered manufacturing exporters.

18.—(1) The following regulations shall apply to all premises registered in the register of manufacturing exporters, that is to say:— (a) all butter manufactured on the premises shall be made from cream which has been separated from milk on the premises or has been supplied from other premises (whether registered or not registered under this Act) subject to such conditions as may be prescribed; (b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner; (c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner; (d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description, shall not be packed for export, or exported, or consigned for export, in or from the premises; (e) butter containing water in excess of sixteen per cent. or any noxious colouring matter, or any preservative other than salt of a prescribed description, shall not be packed for sale or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised; (g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked with the marks (if any) prescribed by regulations made under this Act; (h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act; (i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises;

(j) save as hereinafter mentioned no butter, other than butter obtained directly from other premises registered in the register of manufacturing exporters shall be brought on to the premises; (k) the premises shall not be registered in the register of creameries.

Regulations applicable to registered butter factories.

19.—The following regulations shall apply to all premises registered in the register of butter factories, that is to say:— (a) butter containing water in excess of sixteen per cent. shall not be packed for export, or exported, or consigned for export, in or from the premises; (b) butter containing water in excess of sixteen per cent. shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (c) all butter exported from the premises and also every package or wrapper in which such butter is packed shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act; (d) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act.

Regulations applicable to non-manufacturing exporters.

20.—The following regulations shall apply to all premises registered in the register of non-manufacturing exporters, that is to say:— (a) butter containing water in excess of sixteen per cent, shall not be packed for sale or export or sold or exported or consigned for sale or export on or from the premises except when permitted by regulations made under this Act and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (b) all butter exported or consigned for export from the premises shall, before it leaves the premises, be examined and classified subject to and in accordance with the prescribed conditions; (c) all butter exported or consigned for export from the premises and also every package and wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act; (d) all butter directly or indirectly obtained or brought from premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories shall (if exported) be exported without opening or unpacking the package in which it was packed in such premises and without obliterating or altering any marks placed on such package, or on any wrapper or butter therein, in such premises, save to such extent and in such manner as shall be prescribed for the purpose of enabling the provisions of this Act or any regulations made thereunder to be complied with.

Application for registration of premises.

21.—(1) Every application for the registration of any premises under this Act, or for the alteration or cancellation of any such registration shall be made in writing in the prescribed form and manner and shall contain the prescribed particulars.

Part I

. of this Act by an inspector in respect of the failure to comply with such conditions and in the event of such notice or, if such notice is amended by the arbitrator under

Part I

. of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I. of this Act, the application for registration shall not be refused on the ground aforesaid.

Rectification and cancellation of registration.

22.—(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor or, in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

Part I

. of this Act by an inspector in respect of the failure to comply with such conditions, and in the event of such notice or, if such notice is amended by the arbitrator under

Part I

. of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under

Part I

. of this Act, the registration shall not be altered or cancelled on the ground aforesaid.

Publication of register, etc.

23.—(1) The Minister may publish in such manner as he may think fit— (a) all or any of the matters entered in any register kept in pursuance of this Act; and (b) notice of the cancellation or alteration of the registration of any registered premises; and (c) notice of any conviction for an offence under this Act or any section thereof or any regulation made thereunder.

Evidence of contents of registers.

24.—(1) Any register kept in pursuance of this Act shall be— (a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister; and (b) admissible in evidence without further proof on production from the proper custody.

Power to inspector to inspect premises and plant.

25.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon any premises registered in any register kept pursuant to this Act or in respect of which an application for registration in any such register has been made and to inspect such premises and the plant, machinery, appliances, and utensils therein and to observe all or any of the processes used in the business carried on therein.

Register to be kept on registered premises.

26.—(1) It shall be the duty of the registered proprietor of any premises registered in any register kept in pursuance of this Act to keep or cause to be kept a register in the prescribed form of all consignments of butter dispatched from those premises, and within twelve hours after the dispatch of any such consignment to enter in such register the prescribed particulars of the quantity of butter comprised in such consignment and the name and address of the person to whom and the route by which the same was consigned.

Regulations as to packing butter.

27.—(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:— (a) the method and manner in all or any respects of packing butter, including the materials and packages to be used for such packing; (b) the mode in and means by which the prescribed marks are to be placed on butter and packages.

Examination and classification of butter.

28.—The Minister may by order make regulations in regard to the examination and classification of butter on premises registered in the register of non-manufacturing exporters, and where such regulations have been made all butter examined or classified on such premises shall be examined and classified in all respects in accordance with such regulations.

Regulations as to marking butter and packages.

29.—(1) The Minister may by order make regulations prescribing the marks to be placed on every package or wrapper containing butter exported or consigned from or sold on any premises to which such regulations apply for the purpose of indicating all or any of the following matters, that is to say:— (a) the nature and quality of the butter contained in such package or wrapper; (b) the premises on which such butter was packed or was examined and classified; (c) that such butter was manufactured in Saorstát Eireann; (d) any other matter which in the opinion of the Minister should be indicated on such package or wrapper.

Regulations as to pasteurising.

30.—(1) The Minister may by order make regulations requiring that all or any premises registered in the register of creameries or all or any premises registered in the register of cream separating stations, or all or any premises registered in the register of manufacturing exporters, or all or any premises registered in any of those registers shall be equipped with plant for pasteurising milk or cream or both milk and cream, and” may by such regulations prescribe the mode and manner in all respects of pasteurising milk and cream.

Regulations as to plant and machinery.

31.—(1) The Minister may by order make regulations prescribing the nature and general character of the plant and machinery with which premises registered in any specified register kept in pursuance of this Act (other than the register of non-manufacturing exporters) are to be equipped in addition to or substitution for all or any of the plant and machinery with which such premises are required by or under any other provision of this Act to be equipped.

Regulations as to basis of calculation of price of milk and cream.

32.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:— (a) requiring that the calculation of the price to be paid for all milk and cream supplied to any premises to which the regulations apply shall be made on the basis of the percentage of butter-fat or other prescribed constituent contained in the milk or cream; (b) prescribing the method and manner in all or any respects of sampling and testing milk and cream for the purpose of determining the quantity of butter-fat or other prescribed constituent contained therein; (c) prescribing the nature and character of the instruments and appliances to be used for the purpose of such sampling and testing; (d) prescribing the records to be kept in premises to which the regulations apply in respect of the sampling and testing of milk and cream for the purposes aforesaid and requiring records to be kept on such premises of the name and address of the person by whom the milk or cream was supplied, the results of the sampling and testing, the quantity of milk or cream from which each sample was taken, and the price paid for such milk or cream; (e) requiring all samples taken for the purpose aforesaid to be retained on the premises for the prescribed time after they have been tested; (f) requiring that all or any instruments or appliances offered for sale, sold or used for sampling or testing milk or cream for the purpose aforesaid shall have been tested and found to be accurate in one or other of the establishments or institutions prescribed by the regulations and shall have been certified or marked accordingly in such establishment or institution.

Sale of butter on registered premises.

33.—(1) It shall not be lawful for any person to sell, or offer or consign for sale, on or from any premises registered in any register kept in pursuance of this Act any quantity of butter amounting to or exceeding eleven pounds unless the butter has been packed or examined and classified (as the case may require) and the butter and any package and any wrapper in which it is packed has been marked, in all respects in accordance with the provisions of this Act and of any regulations made thereunder.

Fees payable in respect of registered premises.

34.—(1) There shall be paid to the Minister by the person applying for the registration of any premises in any register kept in pursuance of this Act the fee specified in the Third Schedule to this Act, and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

Part IV

. of this Act is in force, such lesser fee as the Minister may if he so thinks fit prescribe in respect of such premises, which fee or lesser fee (as the case may be) is in this Act called the annual fee.

PART IV.

NATIONAL MARK FOR BUTTER.

Establishment of national mark for butter.

35.—(1) When and so soon as registers of trade marks and of designs have been established in Saorstát Eireann and legislation has been passed by the Oireachtas enabling Ministers to acquire and register trade marks and designs and to grant licences for the use thereof, it shall be the duty of the Minister to acquire, design, or otherwise establish a mark (in this Act called “the national mark”) of a suitable character and to register the same in such of the registers aforesaid as may be appropriate and, subject to the provisions of this Act, to grant such licences for the use thereof as may be permitted by such legislation.

Duration of licences for use of national mark.

36.—(1) Subject to the provisions of any legislation already in force or hereafter to be passed in relation to trade marks or designs, every licence to use the national mark granted by the Minister shall, unless previously revoked under this section, continue in force so long as the premises in respect of which the licence is granted continue to be authorised premises.

Regulations in relation to national mark.

37.—The Minister may by order make regulations prescribing all or any of the following matters, that is to say:— (a) the manner in which applications for licences for the use of the national mark are to be made; (b) the method in all respects by which the mark is to be applied, including requiring the mark to be applied only by packing in marked packages, wrappers, packing materials, or labels obtained from a prescribed source; (c) the approved standard, and the manner in all respects of ascertaining (by inspection of premises, inspection of consignments in transit, examination of butter, or otherwise howsoever) that the butter manufactured by an applicant for such licence is of the approved standard, and that the butter manufactured by the holder of any such licence continues to be of the approved standard; (d) the classes of premises (in addition to premises registered in the register of creameries) which may be declared to be authorised premises; (e) the approved conditions, and the manner in all respects of ascertaining that the butter manufactured by an applicant for such licence is manufactured under approved conditions, and that the butter manufactured by the holder of any such licence continues to be manufactured under approved conditions.

Offences in relation to national mark.

38.—(1) If any person who is not the holder of a licence to use the national mark shall use or apply the national mark or any colourable imitation thereof on, to, or in connection with any butter or any other article in respect of which the national mark is registered in any register of trade marks or designs in Saorstát Eireann, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.

PART V.

MISCELLANEOUS AND GENERAL.

Unclean milk and cream.

39.—(1) Any person who tenders or supplies any dirty, contaminated, or stale milk or cream, or milk or cream which is contained in a dirty vessel, to a creamery or cream-separating station, or any place where milk or cream is used for the manufacture of any dairy produce for sale shall be guilty of an offence under this section and shall be punishable accordingly.

Inspection and sampling of milk and cream.

40.—(1) Any inspector (subject to the production by him if so required of his authority in writing as such inspector) may at all reasonable times enter any creamery or cream-separating station or any place where milk or cream is used for the manufacture of any dairy produce for sale and may inspect any milk or cream found in such creamery, cream-separating station, or place and may take and remove without payment any samples of any such milk or cream or of any dirt in such milk or cream or in any vessel in which such milk or cream is contained.

Dirty butter.

41.—(1) Any person who sells or exposes for sale or offers or consigns for sale or exchanges or barters or for the purpose of re-sale acquires by purchase, exchange or barter— (a) as an article of food for human consumption or for use in a butter factory or a margarine factory, or (b) for use in any premises in which any article of human food is manufactured for sale, any butter which is dirty shall be guilty of an offence under this section and shall be punishable accordingly.

Meaning and use of word “creamery.”

42.—(1) From and after the commencement of

Part III

. of this Act the word “creamery” shall mean premises registered in the register of creameries or in respect of which a licence under this section has been granted and is in force.

Application of word “creamery” to butter.

43.—(1) From and after the commencement of

Part III

. of this Act, the word “creamery,” if applied to any butter sold or offered, exposed, or consigned for sale in or exported from Saorstát Eireann, shall (subject to the exception hereinafter contained) be taken to be a trade description signifying that the butter has been manufactured in premises registered in the register of creameries or comprised in a subsisting licence granted under this Act for the use of the word “creamery” and has not been subsequently blended or re-worked.

Analysis of samples.

44.—(1) Where any person who has taken a sample of any milk, cream, or other material under a power in that behalf conferred on him by this Act, requires such sample to be analysed with a view to a prosecution for an offence under any section of this Act the following provisions shall apply and be observed, that is to say:— (a) the analysis shall be made by or under the direction of the Analyst appointed by the Minister under this section; (b) the person by whom the sample was taken shall divide the sample into three parts and shall cause each such part to be marked, sealed, and fastened up, and shall deliver or send by post two of such parts to the said Analyst and shall deliver or send by post the other such part to the person against whom the prosecution is proposed to be brought or, if such person is not then known, to the owner or the consignor of the milk, cream, or other material from which the sample was taken; (c) upon receipt of parts of a sample sent to him for analysis under this section the said Analyst shall make or cause to be made under his direction an analysis of one of the parts of such sample so sent to him, and shall retain the other part; (d) the said Analyst shall send to the Minister duplicate certificates in the prescribed form of the result of every analysis made by him or under his direction pursuant to this section; (e) before instituting any prosecution against any person in respect of any milk, cream, or other material of which a sample shall have been analysed under this section, the Minister shall deliver or send by post to the person against whom the prosecution is proposed to be brought one of the duplicate certificates aforesaid; (f) at the hearing of any prosecution for an offence under any section of this Act in respect of any milk, cream, or other material of which a sample shall have been analysed under this section the production of a document purporting to be one of the duplicate certificates aforesaid shall be prima facie evidence of the matters stated in such certificate; (g) if the prosecutor or the defendant in any such prosecution as aforesaid is dissatisfied with the certificate of the said Analyst, such party shall upon payment of the prescribed fee be entitled to have the part of the sample retained by the said Analyst as aforesaid analysed by the principal chemist of the State Laboratories and to obtain from such principal chemist a certificate of the result of such analysis.

Consultative council.

45.—(1) The Minister shall, after consultation with such bodies and persons as he may consider most representative of the several interests concerned establish by order a consultative council for giving advice and assistance to the Minister in connection with any matter in relation to the making of regulations under, or otherwise carrying into execution of, the provisions of this Act, or any other matters affecting the dairying industry.

General regulations.

46.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed, but no such regulation shall be made in relation to the assessment or collection of fees without the consent of the Minister for Finance.

Saving clause as to powers under other Acts.

47.—The powers conferred on the Minister by this Act shall be and be exercised without prejudice to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907, or to the exercise by the Minister for Industry and Commerce or any inspector appointed under the Factory and Workshops Acts, 1901 to 1911, of any powers conferred by those Acts.

Offences.

48.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Expenses.

49.—All expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance be paid out of moneys to be provided by the Oireachtas, FIRST SCHEDULE.

Plant and Machinery in Registered Creameries and Cream-separating Stations.

1.—A high or low pressure boiler to generate steam for— (a) heating sufficiently the milk received at the premises so as to ensure the proper separation of the cream, if cream is separated from the milk at the premises, and (b) heating sufficiently the water required for cleansing purposes.

2.—A cooler for cooling the cream separated from milk at the premises capable of reducing the temperature of the cream as delivered from the cream separator to a temperature not exceeding by more than four degrees Fahrenheit the temperature at which the water used for cooling the cream is when it enters the cooler.

3.—The under-mentioned machinery, all of which shall be driven by mechanical power— * (a) A heater to heat the milk from which cream is to be separated at the premises to a temperature sufficient to secure the proper separation of the cream. * (b) A centrifugal separator to separate cream from the milk supplied to the premises. † (c) A churn and a butter-worker, or a combined churn and butter-worker for the manufacture of the butter made at the premises.

4.—The undermentioned requisites— (a) Such appliances, apparatus, and chemicals as are necessary for determining the percentage of water in the butter manufactured upon and sent out from the premises. (b) Such appliances, apparatus, and chemicals as are necessary for determining the percentage of fat in the cream and milk dealt with upon the premises. * Not applicable in the case of creameries to which milk is not supplied. † Not applicable in the case of cream-separating stations.

SECOND SCHEDULE.

Plant and Machinery in premises registered in the register of butter factories.

A boiler to provide sufficient hot water for the cleansing of the premises and the plant and machinery contained therein.

A butter-worker or a butter-blender driven by mechanical power.

Such appliances, apparatus, and chemicals as are necessary for determining the percentage of water in butter sent out from the premises.

THIRD SCHEDULE.

FEES.

Fee on application for registration in any of the registers kept in pursuance of this Act One pound.

Deposit on application for registration in any of the registers kept in pursuance of this Act other than the register of cream-separating stations Five pounds.

Annual fee, in respect of butter to which section 9 of this Act applies exported during the year On each complete twenty-eight pounds of butter such fee, not exceeding one penny, as may be prescribed.

Fee on grant of licence to export, on each package of butter to which the licence relates Where the package contains not more than twenty-eight pounds of butter such fee, not exceeding one penny, as may be prescribed; where the package contains more than twenty-eight pounds of butter—on every twenty-eight pounds or part of twenty-eight pounds of butter such fee, not exceeding one penny, as may be prescribed.

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